Publication: Conservative Review Torts and Terrorism | |
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THE CONSERVATIVE REVIEW
February 19, 2008
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Torts and Terrorism
By Robert D. Novak
Townhall.com
WASHINGTON, D.C. - A closed-door caucus of House Democrats
last Wednesday took a risky political course. By four to
one, they instructed Speaker Nancy Pelosi to call President
Bush's bluff on extending the Foreign Intelligence Surveill-
ance Act (FISA) to continue eavesdropping on suspected
foreign terrorists. Rather than passing the bill with a
minority of the House's Democratic majority, Pelosi obeyed
her caucus and left town for a 12-day recess without renew-
ing the government's eroding intelligence capability.
Pelosi could have exercised leadership prerogatives and
called up the FISA bill to pass with unanimous Republican
support. Instead, she refused to bring to the floor the
bill approved overwhelmingly by the Senate. House Democr-
atic opposition included left-wing members typified by
Rep. Dennis Kucinich, but they are but a small faction.
The true cause for blocking the bill was the Senate-passed
retroactive immunity from lawsuits for private tele-
communications firms asked to eavesdrop by the government.
The nation's torts bar, vigorously pursuing such suits,
has spent months lobbying hard against immunity.
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The recess by House Democrats amounts to a judgment that
losing the generous support of trial lawyers, the Democr-
atic Party's most important financial base, is more danger-
ous than losing the anti-terrorist issue to Republicans.
Dozens of lawsuits have been filed against the phone
companies for giving personal information to intelligence
agencies without a warrant. Adm. Mike McConnell, the non-
partisan director of national intelligence, says delay in
congressional action deters cooperation in detecting
terrorism.
Big money is involved. Amanda Carpenter, a Townhall.com
columnist, has prepared a spreadsheet showing that 66 trial
lawyers representing plaintiffs in the telecommunications
suits have contributed $1.5 million to Democratic senators
and causes. Of the 29 Democratic senators who voted against
the FISA bill last Tuesday, 24 took money from the trial
lawyers (as did two absent senators, Hillary Clinton and
Barack Obama). Eric A. Isaacson of San Diego, one of the
telecommunications plaintiff's lawyers, contributed to the
recent unsuccessful presidential campaign of Sen. Chris
Dodd, who led the Senate fight against the bill containing
immunity.
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The bill passed the Senate 68 to 29, with 19 Democrats
voting aye. They included Intelligence Committee Chairman
Jay Rockefeller and three senators who defeated Republican
incumbents in the 2006 Democratic takeover of Congress:
Claire McCaskill of Missouri, Jim Webb of Virginia and
Sheldon Whitehouse of Rhode Island.
That opened the door for Pelosi to pass the bill with
minority Democratic support. A Jan. 28 letter to the
speaker signed by 21 House Blue Dogs (moderate Democrats)
urged passage of Rockefeller's bill containing immunity.
Democrats supporting it could exceed 40 in a House vote,
easy enough for passage.
Instead, the Democratic leadership Wednesday brought up
another bill simply extending FISA authority, this one
for 21 days. Republicans refused to go along because it
did not provide phone companies with the necessary immun-
ity. It still could have passed with support from Democrats
only, and the leadership surely thought that would happen
when it was brought to the floor Wednesday. But it failed,
229 to 191, with 34 Democrats voting no despite pleas for
support from their leaders. The opponents included three
congressmen who signed the letter to Pelosi advocating
immunity from lawsuits, but most were Kucinich Democrats
who intuitively vote against any anti-terrorist proposal.
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Clearly, opposition to the Rockefeller bill shown in the
subsequent House Democratic caucus derived less from
Kucinich's phobia to tough anti-terror countermeasures
than obeisance to generous trial lawyers. Pelosi had to
decide whether to pass the bill with a minority of her
party, which can be dangerous for any leader of a House
majority. In October 1998, Republican Speaker Newt Gingrich
passed the Clinton administration's budget with 30 percent
Republican support, less than a month before GOP losses in
midterm elections forced his resignation from Congress.
Nothing will be done until the House formally returns
Feb. 25, and the adjournment resolution was constructed
so that Bush cannot summon Congress back into session.
Last Friday morning, debating two backbench Republicans
on a nearly deserted House floor, Majority Leader Steny
Hoyer said there was no danger in letting the FISA
legislation lapse temporarily. Democrats hope that will
be the reaction of voters, as Republicans attack what
happened last week.
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