Is the immunity-free FISA bill really that?

Did House Democrats pass a FISA bill that is free from telecom immunity on a de facto basis as well as de jure?

Or, given the history of judiciary deference to the executive branch on things like state secret claims, did the House actually just punt an immunity decision to a judge?

The House’s FISA bill leaves it to a trial judge to determine if telecommunications companies being sued for warrantless wiretapping should be given immunity. If, and a big enough “if,” a judge rules the telcos should stay in the dock, the Bush Administration will certainly immediately invoke the “state secrets” claim. And, judges have given a lot of leniency on that issue in the past.

My Political Cluelessness column about Speaker of the House Nancy Pelosi aside, you and I know that many Members of Congress know that, too.

In other words, it's arguable that Democrats are punting, punting to the judiciary, as much or more than taking a real stand.