FISA Fight

FISA Fight Focuses on Trial Lawyers

Recess week has generally been quiet so far on Capitol Hill, except for the sound of press releases still whizzing back and forth on this past weekend's expiration of the terrorist surveillance law.

Democrats say the GOP is simply trying to change the subject away from what they say is their real aim in blocking immunity -- protecting civil liberties -- and away from the Bush administration possibly having to disclose in court that it encouraged phone companies to break the law.

While the releases have been hitting familiar notes -- Republicans say Democrats are putting our security in jeapardy, Democrats say Republicans are lying and trafficking in fear -- the GOP has stepped up its attacks on a familiar class of bogeyman: trial lawyers.

The primary stumbling block to an agreement between the two parties on an update of the law in question, the Foreign Intelligence Surveillance Act, has been the issue of whether to grant retroactive immunity to telecommunications firms for assisting the government in surveillance operations. Republicans are in favor of immunity, saying it is needed to ensure the telecoms will cooperate with the government in the future. Democrats have been opposed, arguing that companies that may have broken the law by providing information without a warrant should not be protected.

In recent days. Republicans have focused more on what they allege is the real reason Democrats oppose immunity -- the opposition of trial lawyers, who the GOP says want to push massive class action suits against the telecom companies.

White House spokeswoman Dana Perino made this case last week on Fox News Channel, saying, "The House Democrats are basically doing the bidding of the trial lawyers, who are licking their chops, hoping that they could get a piece of a big class-action lawsuit against these telecommunications companies, which did their patriotic duty to help America in the immediacy following 9/11 when we weren't sure if there would be another attack."

Texas Sen. John Cornyn (R) made the same allegation on the Senate floor last Thursday. So does this press release from House Minority Leader John Boehner (R-Ohio) and this one from the National Republican Congressional Committee.

The conservative press has also weighed in. The New York Post published an editorial titled, "LAWYERS FIDDLE, AMERICA BURNS." And columnist Robert Novak wrote this week that "The nation's torts bar, vigorously pursuing such suits [against telecom companies], has spent months lobbying hard against immunity."

Conservatives and lobbyists for the business community have worked to demonize trial lawyers for years. The best-known D.C. lobbying group for the trial bar actually changed its name in 2006 from the Association of Trial Lawyers of America to the American Association for Justice (though its Web address is still atla.org).

And the AAJ is pushing against the recent spate of charges on the surveillance law. The group put out a release this week specifically responding to Novak's column, saying, "the trial bar did not lobby on the wiretapping bill or request support of either side. Mr. Novak's lack of fact checking cheapens the debate over our national security. The debate over surveillance law should be centered on finding the balance between civil liberties and our nation's national security."

Trial Lawyers and FISA

Sunday, February 24, 2008; B06

Contrary to Robert D. Novak's Feb. 18 column, the trial bar did not lobby members of Congress on any provision of the wiretapping bill. Mr. Novak's lack of fact-checking cheapens the debate over our national security.

The debate over surveillance law should be centered on finding the balance between civil liberties and national security. Just as we are sure that the supporters of the Foreign Intelligence Surveillance Act legislation are motivated by wanting to protect the security of this country, those opposed must be credited for a good-faith effort to keep Americans safe.

JON HABER
Chief Executive
American Association for Justice
Washington

Either way, the surveillance bill's expiration isn't getting much media play this week, as the presidential campaign continues to push other Washington stories off of news budgets. Negotiations -- and fighting -- over a permanent surveillance bill fix will resume next week in earnest when Congress returns, and Republicans can shift back to focusing their attacks on Democratic leaders instead of trial lawyers.

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