The quote below refers to both torture and FISA:
"Bush officials faced serious danger of criminal liability in the wake of the 2006 Hamdan ruling that the Geneva Conventions applied to Al Qaeda and Taliban detainees. But the Military Commissions Act, passed several months after the Hamdan ruling, took care of that problem by immunizing the lawbreakers. Jay Rockefeller was right there supporting that retroactive immunity, too — thereby helping to block investigations and prosecutions for illegal torture programs about which Rockefeller knew and in which he was complicit.
This is exactly the dynamic which Law Professor, Fourth Amendment expert, and Simple-Minded, Confused Leftist Hysteric Jonathan Turley was describing on MSNBC on June 19:
I mean, the Democrats never really were engaged in this. In fact, they repeatedly tried to cave in to the White House, only to be stopped by civil libertarians and bloggers. And each time they would put it on the shelf, wait a few months, they did this before, reintroduced it with Jay Rockefeller’s support, and then there was another great, you know, dustup and they pulled it back. . . .
I think they’re simply waiting to see if the public’s interest will wane and we’ll see that tomorrow, because this bill has, quite literally, no public value for citizens or civil liberties. It is reverse engineering, though the type of thing that the Bush administration is famous for, and now the Democrats are doing — that is to change the law to conform to past conduct.
It’s what any criminal would love to do. You rob a bank, go to the legislature, and change the law to say that robbing banks is lawful. . . .
This is a very frightening bill. What people have to understand is that FISA itself is controversial. This court issued tens of thousands of warrants granted applications for surveillance without turning down any. Only recently did they turn down two. . . .
What you’re seeing in this bill is an evisceration of the Fourth Amendment of the Constitution. It is something that allows the president and the government to go in to law-abiding homes on their word alone, their suspicion alone, and to engage in warrantless surveillance. That’s what the framers that drafted the Fourth Amendment wanted to prevent. . . ."