Obama and the FISA bill

As I've previously written, I was disappointed by Obama's decision to support the FISA bill (HR 6304) which goes to far in granting power to the executive branch to engage in warrantless wiretaps and physical searches. It also includes a telecom immunity provision to which I'm strongly opposed.

I was heartened, however, when I saw that Obama had released a statement that acknowledges not only my concerns but those of so many other of his supporters who have been dismayed by his decision. (And he had three of his top policy advisers online for 30 minutes answering questions about the statement and his FISA position.)

It lets me know that he hears our voices and understands our position. I haven't gotten that kind of response very often, if at all, from Mr. Bush & Co. these past eight years.

Obama's not perfect, and as he says, strong disagreements are inevitable in a democracy.

But his statement on the FISA reinforces the foundation for my support of his candidacy. He listens. He understands. And he will work with us, the American people.

Yes, we can!

From his statement:

This was not an easy call for me. I know that the FISA bill that passed the House is far from perfect. I wouldn't have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush's abuse of executive power. It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush Administration's program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That's why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.

But I also believe that the compromise bill is far better than the Protect America Act that I voted against last year. The exclusivity provision makes it clear to any President or telecommunications company that no law supersedes the authority of the FISA court. In a dangerous world, government must have the authority to collect the intelligence we need to protect the American people. But in a free society, that authority cannot be unlimited. As I've said many times, an independent monitor must watch the watchers to prevent abuses and to protect the civil liberties of the American people. This compromise law assures that the FISA court has that responsibility....

Now, I understand why some of you feel differently about the current bill, and I'm happy to take my lumps on this side and elsewhere. For the truth is that your organizing, your activism and your passion is an important reason why this bill is better than previous versions. No tool has been more important in focusing peoples' attention on the abuses of executive power in this Administration than the active and sustained engagement of American citizens. That holds true -- not just on wiretapping, but on a range of issues where Washington has let the American people down.