Now that the Senate has settled in after its winter vacation, the rubber is hitting the road. Floor hearings begin TONIGHT on the FISA extension and with it, telecom immunity. Senators Dodd and Feingold have pledged to filibuster any immunity for telecom companies who may have violated our Fourth Amendment privacy rights, and Senate Majority Leader Harry Reid has declared in no uncertain terms that he'll force a true filibuster in order to stop yet another Bush victory.

He's picked an odd time to take such a stand, since he's never actually forced a Republican filibuster, but make no mistake about the stakes here. Granting telecom immunity would establish the legal precedent which would give President Bush the same immunity. What's at stake is no less than whether Bush can or will be held accountable for his actions.

That's why it's so vital to contact Senator Feinstein and insist that she oppose retroactive immunity.

If we don't take a stand now on accountability and the basic rule of law, there's no telling when we'll get another chance. And I'm not much interested in cutting Bush any more slack. Senator Feinstein's vote is going to be key in the fight to protect our privacy and our Constitution. She has a bunch of phone numbers. Keep calling till one of them lets you through:

202-224-3841 (Washington, DC)
310-914-7300 (Los Angeles)
415-393-0707 (San Francisco)
619-231-9712 (San Diego)
559-485-7430 (Fresno)

On the flip, check Eden's call to action.

To protect our Constitution and hold the Bush Administration accountable for spying on Americans, we need you to take one minute to call Senator Dianne Feinstein IMMEDIATELY.

At this very minute, the Senate is debating the re-authorization of the Foreign Intelligence Surveillance Act (FISA). The bill that was just rushed to the Senate floor includes language granting retroactive immunity to telecom companies that wiretapped Americans without a warrant. What's worse is that any bill that grants telecoms immunity -- and codifies that warrantless wiretapping is legal -- would also, by default, grant President Bush immunity from prosecution for spying on Americans and breaking the law.

As a blogger on Daily Kos succinctly framed it: "telecom immunity is Bush immunity."

To stop this assault on our right to privacy, Senator Chris Dodd has reaffirmed his promise to filibuster any Senate bill that contains retroactive immunity for telecommunications companies.

However, Senator Dianne Feinstein has not indicated that she supports Dodd's courageous stand to protect our Constitution. At least not yet.

Bradley Whitford filmed an important video for the Courage Campaign asking Senator Feinstein to stand up for the Constitution. Please click here to watch it and ask Senator Feinstein to support Senator Chris Dodd's filibuster. Then, tell us what she said:

http://www.couragecampaign.org/filibuster

When you ask Senator Feinstein to support Senator Dodd's filibuster, a staffer may respond that Senator Feinstein has introduced amendments to the bill re-authorizing FISA.

Unfortunately, one of the amendments would have the secret FISA court itself -- instead of a public court -- determine whether the telecoms deserve immunity. According to Feinstein's amendment, the FISA court's decision would be based on whether the telecoms had a "good faith, reasonable belief that assistance was legal."

Wiretapping Americans without a warrant is illegal. And Feinstein's "good faith" amendment is totally unacceptable.

The ACLU has been vocal in their opposition to the Feinstein amendments, as Roll Call, the Capitol Hill newspaper of record, reported:

"Unless Congress wholly rejects [the] executive privilege or state secrets claims, there are legal hurdles that could prevent the full hearing of the matter in federal court," said Tim Sparapani, ACLU senior legislative counsel. "We also oppose having the FISA court making the good faith determination unless outside parties are allowed to argue in front of the secret court, which has never happened before. Otherwise, only one side is represented."

FISA is a secret court. Of the many thousands of requests for wiretaps that it has considered over the last 30 years, it has rejected a small handful -- perhaps as few as five. This is not the same as a court of law, where the public has the right to examine evidence and file their own claims. FISA courts do not provide for the protection of basic rights. And to allow the FISA courts to determine the legitimacy of telecom actions is to take this crucial decision out of the hands of the courts, therefore undermining the rule of law.

Feinstein's amendment should be rejected on principle alone.

With our Fourth Amendment privacy rights hanging in the balance this minute, there's no time to waste. That's why Bradley Whitford and the Courage Campaign filmed this special YouTube video for you. Please watch it, forward it to your friends, and call Senator Feinstein IMMEDIATELY to ask her to support Senator Dodd's potential filibuster right now:

http://www.couragecampaign.org/filibuster

This is not just about standing strong against telecom immunity. It's about standing strong against President Bush's "unitary executive" theory of power and holding him accountable for spying on Americans. Keep in mind that Senator Feinstein's pivotal Judiciary Committee vote made it possible for Michael Mukasey to become Attorney General, even though Mukasey supports the interpretation of executive branch power that President Bush has used to wiretap and spy -- without congressional approval or judicial review.

The FISA debate is happening right now on the Senate floor and may continue into Thursday and perhaps longer.

No matter what time it is -- day or night -- please call Senator Feinstein and ask her to do the right thing: Stop telecom immunity and stop Bush immunity.

http://www.couragecampaign.org/filibuster

Thank you for doing everything in your power to protect our Constitution.

Eden James
Managing Director

P.S. As Robert Reich, former Secretary of Labor under President Clinton, said in a commentary on NPR recently:

"(The telecom companies said) they were only following orders. Only following orders? What if the government told telecoms to use their technologies to spy on American bedrooms, or turn over our bank accounts, or our personal photographs, home videos, anything else we store on computers or transmit through cables or over the Internet? The "only following orders" excuse would make telecoms extensions of our spy agencies."

Enough is enough. Please call Senator Feinstein immediately:

http://www.couragecampaign.org/filibuster