Glenn Greenwald carefully examines Barack Obama’s new statements on FISA in a message Barack sent to his supporters. Glenn’s analysis agrees with my layperson’s opinion. Glenn is a Constitutional lawyer, and I value his opinion highly. Please follow the link and read the whole article by Glenn.

Here is an excerpt of his take on the weak effort by Obama to justify his support of FISA.

Barack Obama has issued a new statement on FISA in response to the growing number of his supporters objecting to his position. Genuine credit to him for being responsive this way and for having his site be a forum for disagreement among his supporters and himself. Providing a forum for those sorts of debates is a sign of a secure and healthy campaign.

Despite that, the statement contains many dubious claims and, in a couple cases, outright misleading statements. Worse, Obama’s statement only addressed the objections to the telecom immunity provisions of the bill, while ignoring the objections to the (at least) equally pernicious new warrantless eavesdropping powers the bill authorizes. Taking Obama’s claims in order:

“It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush administration’s program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That’s why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.”

Obama says he will vote to remove immunity from the bill but knows full well that this effort will fail, and that the final bill will have telecom immunity in it. The bottom line is that he will nonetheless end up voting for this bill with immunity in it even though he previously vowed to support a filibuster of “any bill” that contains retroactive immunity. Put another way, Obama claims he opposes telecom immunity but will vote for a bill that grants it.

“But I also believe that the compromise bill is far better than the Protect America Act that I voted against last year.”

Whether it’s better than the Protect America Act (PAA) is irrelevant. The PAA already expired last February. If the new FISA bill is rejected, we don’t revert back to the Protect America Act. We just continue to live under the same FISA law that we’ve lived under for 30 years (with numerous post-9/11 modernizing amendments). So whether this bill is a mild improvement over the atrocious, expired PAA is not even a coherent reason to support it, let alone a persuasive one.

UT Documents: Obama’s new statement on FISA.