Some folks are finally getting their hands on the language of the new FISA reform bill. The Act would require federal judges to dismiss the lawsuits against spying telecoms if the telecoms can demonstrate they received assurances that the wiretaps were authorized by the President and "determined to be lawful." Not, of course, actually lawful, because that would require a court order or warrant. But simply that the President told them that it was okay.

Of course, we already know this to be the case. The telecoms went ahead and spied, in contradiction to multiple federal statutes, because the Bush Administration told them to. Post-Watergate, numerous wiretapping laws were enacted to prevent exactly this kind of corrupt bargain between a lawbreaking administration, and the telecoms getting paid to perform the wiretaps.

Here's the relevant excerpt (courtesy of Greenwald):

[A] civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be properly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that . . . (4) the assistance alleged to have been provided . . . was --
(A) in connection with intelligence activity involving communications that was (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007 and (ii) designed to prevent or detect a terrorist attack, or activities in preparation of a terrorist attack, against the United States" and

(B) the subject of a written request or directive . . . indicating that the activity was (i) authorized by the President; and (ii) determined to be lawful.

The Democratic Leadership has sent out a press release celebrating the fact they managed to get a FIVE YEAR sunset put into the bill. But the telecom companies, they get immunity - amnesty - for their lawbreaking forever.

Here are a few more numbers to call, courtesy of Daily Kos:

Call Barack Obama and urge him to make a public statement reiterating his opposition to telco amnesty. His opposition could kill this deal: Phone (202) 224-2854, Fax (202) 228-4260

Call Steny Hoyer and tell him this is a bad deal: Phone (202) 225-4131, Fax (202) 225-4300

Call Pelosi and urge her to pull the bill from the House schedule: Phone (202) 225-4965, Fax (202) 225-8259

Start dialing!