Judge questions telecom immunity law

San Francisco Chronicle / sfgate.com ^ | Monday, February 23, 2009 | Bob Egelko, Chronicle Staff Writer

[thecodont]

(02-23) 17:32 PST SAN FRANCISCO -- A federal judge in San Francisco is raising questions about the constitutionality of a law designed to dismiss suits against telecommunications companies accused of cooperating with government wiretapping.

Chief U.S. District Judge Vaughn Walker has asked President Obama's Justice Department to present its views by Wednesday on whether the law gives the attorney general too much power to decide whether a company is immune from lawsuits. Obama supported the measure as a senator when Congress approved it last year.

Department spokesman Charles Miller declined to discuss the administration's response before Wednesday's filing. But Obama's vote for the bill last summer, and statements by Attorney General Eric Holder at his confirmation hearing last month, indicate the department will defend the law.

Walker is presiding over lawsuits in which telecommunications companies' customers have accused the firms of illegally sharing their telephone and e-mail records with federal agents.

[Myrddin]

If the companies aren't immune after cooperating, they should have the right to refuse wiretaps based upon the 5th amendment protection against self incrimination. They should also plead the 5th and refuse to provide any records of wiretaps they performed at the government's request. The government can't have it both ways.

[Trajan88]

The judge should shut the heck up... if a case comes up and is assigned to his court then he will have a chance to preside.

A federal judge and shouldn't be encouraging bleeding heart sissies to forum shop to his court.

This "judge" should read the U.S. constitution and find out what powers the Judicial branch really has.

Judicial review? What ever... nothing like grabbing powers not specified in the Constitution.

What a crock.