Before we all torpedo the best candidate we have had in 30+ years over this FISA thing, be aware of the two facts: (1) there is a long-established government contractor immunity doctrine in American law & what the telecoms did after 9-11 in obeying government demands for compliance is right in stride with that doctrine, and (2) in any event, the federal government is likely required to indemnify the telcos for any judgment or settlement they'd have to pay. Is this really the make-or-break litmus-test the netroots is clamoring for? No way. Is this just another example of liberals eating their own? You betcha.
Here’s what I e-mailed back to TPM:
Calling telcos “government contractors,” especially when the warrantless wiretapping started before 9/11, is a stretch at least.
And, once again, remind JP of Qwest. At least one telecom knew this was illegal.
Meanwhile, TPM also has an Obama FISA flip-flop timeline/quote-watch.
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