House Democrats Block Bipartisan FISA Bill, Protecting Trial Lawyers at the Expense of Our National Security
Congress Begins 12-Day Recess After Blocking Bipartisan FISA Modernization Bill That Enjoyed Support from a Majority in the House and Senate
Washington,
Feb 15, 2008 -
House Democratic leaders yesterday blocked an overwhelmingly bipartisan bill to modernize the Foreign Intelligence Surveillance Act (FISA), instead choosing to leave Washington for a 12-day recess. The reason? It adds critical liability protections for third parties who have helped defend our country – liability protections that would deliver a sharp blow to some of the congressional Democrats’ closest allies: trial lawyers. In short, it’s an act of unilateral disarmament in the War on Terror on behalf of trial lawyers – but at the expense of our national security.
On Fox News’ “Special Report” last night, panelist Mort Kondracke expressed disbelief that the Democratic leadership would place the interests of their trial lawyer allies ahead of those of the American people, who depend upon FISA to give U.S. intelligence officials all the tools they need to protect our national security:
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“There are enough votes in the House, if it would come up for a vote, to pass it, but the leadership doesn’t want to do that because they want to mess around in a conference.”
“And just on the merits, if the telecom companies don’t have immunity, trial lawyers will go after them. They will not cooperate with the government, and secrets might get disclosed.”
“I cannot believe that [House Majority Leader] Steny Hoyer, who is normally a responsible guy, is saying ‘We need to have them sued to find out what’s been going on.’ That’s what the House Intelligence Committee is supposed to do.”
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And an editorial in yesterday’s Las Vegas Review-Journal further illustrated the close ties between Democrats in Congress and their trial lawyer allies who are counting on them to leave firms exposed to unfettered lawsuits under FISA:
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“In fact, Sen. [Russell] Feingold and other Democrats, including Barack Obama -- Hillary Clinton didn’t show for the vote -- were carrying water for their friends at the trial bar, who are already seeking millions of dollars through lawsuits against various telecommunication companies. Is it really fair that the trial lawyers are free to shake down companies that thought they were acting in good faith by helping the government fight the terror war?”
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Apparently, congressional Democrats are the ones who believe it’s fair to shake down these third parties in this way – or at least they believe it is to their political advantage. Consider this: According to the Center for Responsive Politics, lawyers and law firms gave $85 million to Democratic candidates during the 2006 election cycle. And as a political payoff to this special-interest constituency since taking the majority, congressional Democrats have focused on legislating new avenues for litigation and lawsuits on their behalf. The decision of the House Democratic leadership to block the Senate-passed FISA bill is no exception.
Earlier this week, notorious trial lawyer William Lerach was sentenced to two years in federal prison after pleading guilty to giving kickbacks to individuals who agreed to serve as plaintiffs in lawsuits. Not only is Lerach a notorious trial lawyer, but he’s a major Democratic Party donor as well – and one who has benefitted from this Congress’ refusal to stop frivolous and costly lawsuits.
House Republican Leader John Boehner (R-OH) this morning underscored just how critical it is to protect third parties from being targeted by the likes of Lerach and other unscrupulous trial lawyers, noting, “This problem has to be solved because without their assistance in this program, it will not be successful and our intelligence officials will not have the tools they need to protect the American people.”
As Congress begins its 12-day recess, the question now for Democratic leaders is how much longer are they prepared to protect their trial lawyer allies at the expense of our national security?
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