Do the telecommunications corporations deserve to get sued six ways to Sunday for their decision to illegally cooperate with the federal government in the immediate aftermath of 9/11? Not necessarily. It depends. I think almost all Americans can understand the climate of fear and patriotism that prevailed in those early days. But this is the wrong way of looking at the issue of immunity. Let me pose the question a different way.
Do the American people deserve to know, not every specific, but the extent to which their rights were violated? Do they have a right to know what the legal basis was that the telecommunications corporations relied upon when they decided to help the government violate the law?
If we are honest with ourselves, we’ll realize that the issue of immunity for telecommunications corporations is more complex than whether or not they should be held accountable and pay financial penalties for breaking the law. The law suits are the only avenue we have to get to the truth about what happened.
Let me stipulate something right now. The truth about what was done is more important than whether or not anyone is held accountable for what was done. Once we know the truth, we can figure out the rest. If Congress is determined to grant retroactive immunity to the telecommunications corporations, they should make a deal. If the Bush administration will wave all objections to the disclosure of classified information, state secrets, executive privilege, and the like…and the telecommunications corporations and the NSA will testify fully and truthfully about what they did, we’ll offer them the following.
1) The information can remain classified. Have all information provided to the House and Senate Intelligence Committees, the chairmen and ranking members of the Judiciary committees, and the Congressional leadership. They can issue a report for general consumption that, without revealing sources and methods, let’s the American people know the extent of the surveillance.
2) In return, Congress will substitute the federal government as the defendant in all pending cases against the telecommunications corporations.
As an incentive for the Bush administration to cooperate, Congress can agree not to bring criminal complaints against those that were merely following orders.
All Americans should set aside some time to peruse the findings of the Church Committee. Take special note of the reports on the Huston Plan, Mail Opening, and The National Security Agency and Fourth Amendment Rights. Email these reports to your congressional representatives, your mom, and all your friends.
We’ve been through this before. We know what happened. We must protect our rights, just as our mothers and fathers protected our rights in the 1970’s. It’s our patriotic duty. And it is totally missing the point to ask whether the telecommunications corporations deserve to be sued. We deserve to know the truth. Armed with the truth the American people can make good decisions. If we grant immunity to the telecommunications corporations now, we’ll never know the truth.
If you live in Iowa, reward good behavior. Don’t caucus for anyone that didn’t stand with Senator Dodd, who didn’t filibuster with Senator Dodd, or who isn’t Senator Dodd.