Did Obama change his position on telecom immunity with respect to FISA?
Yes, Obama changed his position on telecom immunity with respect to FISA.
In 2007 and early 2008, Obama and his campaign made statements unequivocally opposing telecom immunity with respect to FISA. Obama campaign spokesman Bill Burton, in October 2007:
In 2007 and early 2008, Obama and his campaign made statements unequivocally opposing telecom immunity with respect to FISA. Obama campaign spokesman Bill Burton, in October 2007:
To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies. [1]
The Obama campaign, December 2007:
Senator Obama unequivocally opposes giving retroactive immunity to telecommunications companies and has cosponsored Senator Dodd's efforts to remove that provision from the FISA bill. Granting such immunity undermines the constitutional protections Americans trust the Congress to protect. Senator Obama supports a filibuster of this bill, and strongly urges others to do the same. [2]
When the FISA bill including telecom immunity was voted on in June 2008, however, Obama did not support a filibuster on the bill and instead voted for it. Obama explained his support of the bill thusly:
After months of negotiation, the House today passed a compromise that, while far from perfect, is a marked improvement over last year's Protect America Act.
Under this compromise legislation, an important tool in the fight against terrorism will continue, but the President's illegal program of warrantless surveillance will be over. It restores FISA and existing criminal wiretap statutes as the exclusive means to conduct surveillance -- making it clear that the President cannot circumvent the law and disregard the civil liberties of the American people. It also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses. But this compromise guarantees a thorough review by the Inspectors General of our national security agencies to determine what took place in the past, and ensures that there will be accountability going forward. By demanding oversight and accountability, a grassroots movement of Americans has helped yield a bill that is far better than the Protect America Act.
It is not all that I would want. But given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as President, I will carefully monitor the program, review the report by the Inspectors General, and work with the Congress to take any additional steps I deem necessary to protect the lives - and the liberty - of the American people. [3]
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Did McCain change his position on telecom immunity with respect to FISA?
Get the facts at McCainFactCheck.com.
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[1] Talking Points Memo. Obama Camp Says It: He'll Support Filibuster Of Any Bill Containing Telecom Immunity October 24, 2007
[2] Talking Points Memo. Obama: I Might Be There For Dodd's FISA Filibuster December 17, 2007
[3] Talking Points Memo. Obama Backing FISA "Compromise" June 20, 2008