House leaders sent a letter to fellow lawmakers Friday saying they strenuously oppose handing amnesty to telecom companies that helped the government's secret, warrantless wiretapping program, even as the Senate is set to approve such a provision early next week.

Perhaps in response to that letter, Senate Majority Leader Harry Reid (D-Nevada) filed a bill Friday that would give the two houses another 15 days to iron out a compromise without passing the expiration date on the extensive wiretapping powers handed to the Administration this summer.

This summer's temporary legislation, known as the RESTORE Act, largely legalized the Administration's warrantless wiretapping program that used American phone and internet infrastructure to target American and foreigners alike.

Now the Senate is set to extend those powers for another four to six years and hand retroactive immunity to the spying telecoms. The House version – known as the Protect America Act – scales back some of the domestic wiretapping powers handed over this summer and doesn't include immunity.

President Bush has said he will veto any bill that doesn't include immunity, but that could be politically pricey, if he is forced to veto a bill that expands traditional wiretapping authority.

House Energy Chairman John Dingel (D-California Michigan) along with Reps. Edward Markey (D-Massachusetts) and Bart Stupak(D-Michigan) sent their "Dear Colleague" letter (.pdf) to fellow representatives Friday urging them to separate the wiretapping powers issue from the immunity issue.

It is beyond dispute that the Government must be able to protect its citizens from terrorist threats. But before Congress should consider the extraordinary notion of telling a Federal judge to dismiss a lawsuit pending before him, Congress has a duty to find out what happened and develop an adequate legislative record to justify such unusual interference with the normal practice of a co-equal branch of

Government —the Judiciary [...] We believe serious and substantial questions concerning the past conduct of the present Administration and of the phone companies must be answered before Congress begins to consider providing immunity.

Electronic Frontier Foundation attorney Kevin Bankston applauded those sentiments in an EFF press release.

"Senators about to vote on immunity should heed the Chairmen's warning: tying the question of telecom immunity to that of FISA reform is unnecessary and dangerous," Bankston said "But if the Senate complies with the Administration's pleas to cover up its illegal spying and bail out the phone companies, then it's time for the House to step up and block immunity for lawbreaking telecom giants."

The EFF's case against AT&T for allegedly helping the NSA

wiretap the internet in a switching center in San Francisco is the lead case against the telecoms. The 9th U.S. Circuit Court of Appeals is currently considering whether to overrule a decision that has allowed the case to proceed despite the government's contention that the case will expose state secrets.