A while back I noted that it looked like the Democrats in the House were about to join their siblings in the Senate, and cave on the telecom immunity issue. It’s only fair that I report that I may (hopefully) have spoken too soon. Not only are the Democrats not caving, they seem to be fighting back:
As The New York Times reports this morning, the House leadership’s draft proposal for a surveillance bill contains a provision that would reject giving retroactive immunity to the telecoms. Instead, it would give the courts authorization to hear the classified material at issue in the case — in essence disposing with the administration’s claim of the state secrets privilege.
It would be absolutely marvelous if they followed through on this. It might never pass the Senate, but it may be that as time goes on, and the sky doesn’t fall because Bush lacks Big Brother powers, that the House will be emboldened to let the entire issue die until we get a rational President in January (assuming of course that Hillary doesn’t succeed in making John McCain president).
This issue, to me, is perhaps the most important issue facing the Congress. Bush has grabbed power from the legislative and judicial branch in a breathtaking manner, particularly when you consider that he is the most unpopular sitting president in modern history. Due to his Republican congressional enablers, who have proven that the founders were wrong when they assumed each branch would be jealous of its own power, it is extremely difficult to stop some of these power grabs. If Congress gives in to Bush on telecom immunity it will be formally abdicating its powers, and crippling the judiciary’s powers to boot. (I haven’t seen any informed comment on whether such a retrospective law would be constitutional, but I would guess that regardless of the precedent, the current Supreme Court would give this one to Bush). This is one area where the Congress can say no to Bush and make it stick.
It’s often remarked that this is all part of the Cheney agenda of expanding the powers of the President. It’s almost as if they expect to monopolize the executive branch for all time. After all, if the Democrats get in they could use those same powers in the service of an agenda that Cheney and his ilk would oppose. Maybe they know something we don’t know.
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