We’ve been writing a fair number of posts regarding the fishy timeline of the Protect America Act of 2007. I think it’s time to sum up what we’ve learned so far.

Here goes:

Why was there such a sudden rush by the Bush White House to pass the Protect America Act to legalize warrantless wiretapping of telephone, email… and perhaps more? Why would September be too late for George W. Bush? What would it be too late for?

An imminent terrorist attack on U.S. soil? Raise your hand if you believe that one. Anyone? Didn’t think so.

OK, then. What does this timeline tell you?

** July 20, 2007: A public unclassified brief, filed by Bush administration lawyers in the bundled cases of Al-Haramain Islamic, et al v. Bush and Hepting v. AT&T, shows a particularly urgent desire for the consideration of what constitutes “electronic surveillance” to be quashed:

“Litigation of plaintiffs’ constitutional and statutory claims would require careful consideration of the facts and circumstances surrounding the TSP and any application of the TSP to plaintiffs (including facts concerning whether any surveillance constituted “electronic surveillance” within the meaning of FISA)-an inquiry foreclosed by the state secrets privilege.”

** July 24: Judge Vaughn Walker rejects the “state secrets” assertion of the Bush administration in pending citizen lawsuits, and allowed consideration of the facts of the cases under consideration, and their fit under the definition of “electronic surveillance,” to proceed.

** July 24 and July 25: As Rep. Heather Wilson of New Mexico introduces a bill to Congress on July 24 — the very same day of Walker’s ruling — changing the definition of “electronic surveillance” under FISA law. The very next day, Republican Party leader John Boehner of Ohio adds his vocal support for that bill.

** July 30: The Docket entry for this day in the Ninth Circuit Court of Appeals for the bundled Hepting/Al-Haramain reads, “This court is in receipt of C-Span’s application for permission to videotape oral argument for later broadcast. The application is granted.”

** July 31: The Docket entry for this day in the Ninth Circuit Court of Appeals for the bundled Hepting/Al-Haramain reads, “The governments unopposed motion regarding oral argument is granted. On August 15, 2007, the court will hear separate arguments in Hepting v. ATT, Nos. 06-17132, 06-17137 and Al-Haramain Islamic Foundation v. Bush, No. 06-36083. The government in Hepting will take place first. The parties in Hepting will have thirty minutes per side for argument, and the parties in Al-Haramain will have twenty minutes per side for argument.”

** August 1: The Protect America Act of 2007. A curious redefinition of the term “electronic surveillance” at the top of the text of the bill. Lawsuits against telecommunications corporations for cooperation with warrantless surveillance activities are legally prohibited.

** August 5: After the House and Senate meet in late-night weekend sessions to vote on this bill that Senator Dianne Feinstein says she doesn’t understand yet votes YES on, George W. Bush signs the bill into law.

** August 6: Congress goes home for the month.

** August 15: The scheduled date arrives for arguments in Hepting v. AT&T and Al-Haramain Islamic Foundation v. Bush, televised by C-SPAN, concerning the extent of Bush administration surveillance and the complicity of telecommunications corporations.

Do you think that televised arguments will be allowed to take place on that date? Or will the Protect America Act of 2007 take its first legal victims? I’ll bet you a fiver that it will.

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I don’t see any indication that this sequence of events is being covered, either on other blogs or in the print media. This means we’ll have to get it out there ourselves. If you find this timeline to be as darkly suggestive as I do, please spread the word. Thanks.

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