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Originally Posted by loquitur
Repeat after me: "motion to dismiss" is different from "summary judgment" which in turn is different from "trial." Got that? ........
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loquitur: I would make a lawyer joke after reading that, but I am more concerned with the broader issue of the legality of the TSP - why it happened and how it happened, including the involvement of the telcomms - and ensuring that such actions by the Executive branch receive the proper checks and balances before being implemented in the future.
The DoJ's Office of Legal Counsel and the acting AG at the time advised Bush that parts of the TSP program were illegal. Bush chose to ignore the legal interpretation of the top law enforcement officials in the country and unilaterally determine that he had the right to spy on American citizens without a warrant.
In order to determine if Bush acted within or outside the law, there needs to be full disclosure to the appropriate oversight committees of Congress of the actions within the WH during the period 2001-2005.
As to the retroactive immunity for telecomms, Quest refused the WH request to assist in the TSP because they thought the program was illegal. Verizon and ATT acquiesced. There needs to be accountability here as well.
In any case, under the current law, telecom companies get immunity as long as they follow certain requirements spelled out clearly in the law.