Weeks ago, when the story of the collaboration of Verizon, Bellsouth and AT&T with the National Security Agency in creating a gigantic database to compile information for the government about who tens of millions of Americans are talking to in private telephone conversations, the Senate promised to hold hearings to investigate the matter. Later, after Vice President Cheney met with Senate Republicans demanding that the White House not be investigated, the Senate’s plans for hearings were dropped.
It is some small consolation, however, that the Senate was able to question Edward Whitacre, the CEO of AT&T, this week. The occasion was a hearing to review the proposed merger of AT&T with Bellsouth, to create the largest telephone company in the United States.
During this questioning, we got a small taste of what might have happened if the Senate had followed its duty to conduct oversight of the National Security Agency. Whitacre refused to provide an answer when Arlen Specter asked him whether AT&T has given records of Americans’ domestic telephone calls to the NSA, in violation of AT&T’s privacy policy. Whitacre only gave a nonsense response that did not answer the question.
Senator Specter responded by telling Whitacre, “I think that answer is contemptuous of this committee.”
If Senator Specter really believes that’s the case, that the CEO of AT&T held the United States Senate in contempt by refusing to provide answers to senators’ questions, then he ought to follow through. Senator Specter ought to have Edward Whitacre put in prison for contempt of Congress.
Whitacre was not the subject of a criminal prosecution. He was not under investigation. He did not invoke 5th Amendment protections against self-incrimination. He was asked for information that is relevant to the decision of whether AT&T and Bellsouth should be allowed to merge, and he refused to provide that information.
Senator Specter was right. Whitacre was in contempt of Congress. Now, if Senator Specter refuses to follow through and have Whitacre punished for that contempt, all Americans who believe in the rule of law must have contempt for Senator Specter.
Too much is at stake for the Senate to surrender its constitutional powers in deference to both the Executive Branch and gigantic corporations that refuse to honor the legal rights of the American people.


Perfect example of why people feel they can’t just “go talk to the administration” instead of leaking evidence of government crimes to the press. It’s like asking someone to “go talk to” the Nixon administration about the Pentagon Papers!
Comment by Norm — 6/29/2006 @ 12:07 pm