Senators Say White House Cut Deal With Panel on FISA
Documents Said to Be Traded for Telecom Immunity
By Ellen Nakashima
Washington Post Staff Writer
Tuesday, October 23, 2007; Page A09
Senate Judiciary Committee members yesterday angrily accused the White House of allowing the Senate Intelligence Committee to review documents on its warrantless surveillance program in return for agreeing that telecommunications companies should get immunity from lawsuits.
Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) and Sen. Arlen Specter (Pa.), the ranking Republican, said any such agreement would be "unacceptable," signaling that legislation granting immunity to certain telecom carriers could run into trouble. Leahy and Specter demanded that the documents, which were provided only to the Intelligence Committee, be turned over to the Judiciary Committee as well.
At issue is a White House-endorsed measure that would give immunity to telecom carriers being sued for allegedly helping the National Security Agency spy on Americans after September 11, 2001. It is part of a larger bill to rework the Foreign Intelligence Surveillance Act (FISA). The Intelligence Committee has approved the bill and sent it to the Judiciary Committee for deliberation.
Tony Fratto, a White House spokesman, said yesterday that what the White House did was "not exactly" a quid pro quo but that the intelligence panel "expected to legislate on the liability" and so "we've been accommodative on sharing information."
Fratto said that the White House could not make documents containing presidential authorizations and the Justice Department's legal opinions underpinning the surveillance program available to members not already briefed on the NSA program, as members of the Intelligence Committee were. He said talks are ongoing on that point.
On Friday, White House press secretary Dana Perino said that Intelligence Committee Chairman John D. Rockefeller IV (D-W.Va.) and ranking member Christopher S. Bond (R-Mo.)'s staff "showed a willingness" to include immunity in their legislation. "Because they were willing to do that, we were willing to show them some of the documents that they asked to see."
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