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Today's Must Read
The squeeze is on.
You remember how it went last time: with time running out before the end of the congressional summer recess, the administration, with the help of some key Democrats, managed to push through a far-reaching surveillance bill.
And once again, five months later, some of the same conditions have been created. The administration's bill, the Protect America Act, is set to expire February 1st. Republicans and the administration have consistently opposed Senate Majority Leader Harry Reid's attempts to push that deadline back.
And yesterday they managed to vote down the Senate Judiciary Committee's surveillance bill (which does not have retroactive telecom immunity) and block votes on any amendments to the intelligence committee's version, which does contain such immunity. As the Republicans have demonstrated, the Senate's rules make it easy for the minority to make trouble.
The table is set for Monday, when the Senate will vote on Senate Minority Leader Mitch McConnell's (R-KY) attempt to end debate on the intel committee's bill. That motion to invoke cloture will need 60 votes to pass. If it does pass, then the Senate would immediately vote on the bill, which civil libertarians dislike for a number of reasons beyond its measure granting retroactive immunity to the telecoms.
The major papers took a look at what happened on the floor yesterday -- particularly the defeat of the SJC bill -- and declare that it was a great day for the telecoms.
Yes, the SJC bill, which contained no retroactive immunity, did get voted down 60-36 with the help of twelve Dems. But it's far from clear that those same twelve Dems would vote to invoke cloture and prevent votes on the various other amendments. One of those Dems, for instance, is Sen. Bill Nelson (D-FL) who is co-sponsoring an amendment by Sen. Dianne Feinstein (D-CA) that would throw the immunity question to the secret FISA court. Will he vote to prevent a vote on his own amendment? That seems unlikely. The Republicans need all twelve of those votes in order to invoke cloture.
So it will become a question of who's getting squeezed. Monday's vote is sure to be in the spotlight. It will be right before the President's State of the Union speech, making it likely the presidential candidates will show. And if that vote for cloture fails (my timid prediction), Sen. Reid has signaled that he'll try to shift the emphasis to the Republicans' obstructionism. Yesterday on the floor he declared: "It appears that the minority, the President, and the Republicans want failure. They don't want a bill. So that's why they're jamming this forward." (You can read a longer transcript of his remarks here.) Whether a media narrative of Republican obstructionism can take hold -- something that certainly hasn't happened so far -- is another question.













If the Master of the Senate, LBJ, were alive today, and got a glimpse of the way Reid handles things, he would be sickened.
January 25, 2008 10:44 AM | Reply | Permalink
where are the ron paul supporters? these are supposed to be inspired by the message of freedom. lets see if they have the steam to make the difference on this bill.
January 25, 2008 10:49 AM | Reply | Permalink
where are the ron paul supporters? these are supposed to be inspired by the message of freedom. lets see if they have the steam to make the difference on this bill.
January 25, 2008 10:49 AM | Reply | Permalink
If Reid is personally opposed to immunity, then he should do the right thing and stop it. This isn't some post office naming.
January 25, 2008 10:49 AM | Reply | Permalink
where are the ron paul supporters? these are supposed to be inspired by the message of freedom. lets see if they have the steam to make the difference on this bill.
January 25, 2008 10:49 AM | Reply | Permalink
Well, my senator Ken Salazar of Colorado spineless worm that consistently votes with the republicans on these issues (FISA, military commissions act, etc.) and it's disgusting. Any other Democrats or Independents in Colorado as pissed off as I am with Salazar?
January 25, 2008 10:52 AM | Reply | Permalink
Keep delaying the bill Harry, give Dennis that moment of opportunity Monday when the starts will align perfectly.
January 25, 2008 11:02 AM | Reply | Permalink
I'll say it again:
The Republicans spent the day filibustering every amendment to a bad bill and then have to the gall to demand the Democrats stop filibustering the bad bill.
January 25, 2008 11:06 AM | Reply | Permalink
I'll call BS on this, procedural and otherwise. Can't these Democrats do anything correct, in concert, without tip-toeing warily? It is way past time for constituents to keep humoring these miscreant elected pols as "representatives". Upholding the rule of law, the Constitution, their oaths? Tell me again why there is a difference between the political parties?
January 25, 2008 11:10 AM | Reply | Permalink
Blame Reid for this bullshit. He either is a republican with a donkey pin or he is totally inept as a leader. He hasn't done a friggin thing to push the agenda that placed him in power. Pelosi hasn't either. They make me sick.
January 25, 2008 11:13 AM | Reply | Permalink
This is Reid's fault. He shouldn't have brought the intel committee's bill to the floor. And he clearly has no ability to put the fear of God into his own caucus. What the hell were TWELVE Democrats doing supporting the intel committee bill? How the hell did the Republicans block votes on any of the amendments to the judiciary committee bill?
Next year, Reid needs to be replaced. Dodd for Senate Majority Leader!!!!
January 25, 2008 11:15 AM | Reply | Permalink
cosign litigatormom on Dodd of Majority Leader! I hadnt thought of that. I really doubt he'd be as bad as Reid
January 25, 2008 11:18 AM | Reply | Permalink
Why is it that when Republicans are in the minority they are able to easily and successfully block anything they don't want or like and yet the Dems appear unable to accomplish anything of importance whether they are in the minority or majority?
Why?
January 25, 2008 11:20 AM | Reply | Permalink
It's telling that controversial legislation like this always seems to be shoved down our throats by dirty means, rather than through legitimate debate and honest persuasion. It's the signature of Bush and company.
January 25, 2008 11:20 AM | Reply | Permalink
I have stated long ago, that the Democrats will stop every investigation of the Bush administration as soon as they are in office. It appears they have already started that even before getting into office.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
January 25, 2008 11:23 AM | Reply | Permalink
I think everyone should mellow out and see what Harry Reid comes up with. The Majority Leader does not have the powers the Speaker of the house and unlike LBJ he does not have the luxury of having an opposing party that includes many members that are willing to buck the party line.
January 25, 2008 11:31 AM | Reply | Permalink
There is a simple way to rectify this. Vote on no bill. Period.
January 25, 2008 11:34 AM | Reply | Permalink
I am so disgusted with Harry Reid, Nancy Pelosi and the 12 Democrats who voted with the Republicans on this bill.
I think our nation is in serious trouble when the Democrats are practically no different than the corrupt Republicans.
Citizens of our once great nation should be alarmed at what both major, but shameful, parties are doing to our country. I am a life-long Democrat, but the only Democrat that I think is worth supporting for President is John Edwards.
January 25, 2008 11:37 AM | Reply | Permalink
I really respect the Republicans for fighting hard for what they believe in. Good for them. They're fighting in a vacuum, of course--Democrats won't fight for anything---but still, at least they have character.
January 25, 2008 11:39 AM | Reply | Permalink
After the 2008 election I certainly hope a Democrat steps forward to challenge Reid for the leadership post. Reid has mangled the job from the beginning but here he has completely lost control. He can't even do simple head counts. My prediction, the Republican's will be able to end a filibuster of the bill granting retroactive immunity to the telecom companies. What a miserable failure Reid has been as leader. He must go.
January 25, 2008 11:47 AM | Reply | Permalink
Reid Must Go.
January 25, 2008 11:52 AM | Reply | Permalink
COgator:
You're not the only Coloradoan who is livid about our elected representative and his lack of political will or respect for the wishes of his electorate. A pox upon thee, senator Salazar, and all of the other Leiberman-clones that follow.
January 25, 2008 11:53 AM | Reply | Permalink
I still want to know exactly what the telecom companies did at the bidding of the White House. It's gonna come out, and I want to know that the administration decided while it was trolling for terrorists it would just sneak a peek at Democrats and people who post comments on left-wing blogs. I think we know where that's headed, and it's gonna come out. Someone is gonna lead it.
January 25, 2008 12:00 PM | Reply | Permalink
"As the Republicans have demonstrated, the Senate's rules make it easy for the minority to make trouble."
As Reid has demonstrated, the Senate's rules make it easy for the Majority Leader to make trouble: Reid claims to oppose immunity but he introduce the Intelligence Committee version of the bill (the one with retroactive immunity) riding roughshod over Dodd by ignoring his hold. Reid could have easily introduced the Judiciary Committee version instead and opponents of telco amnesty would be in a much stronger position. I don't know what game Reid is playing.
January 25, 2008 12:00 PM | Reply | Permalink
What is really sickening is knowing the Dems could have pulled similar stunts when they were thy minority. Why didn't they?
January 25, 2008 12:04 PM | Reply | Permalink
Wait for Reid? To do what? Fight? LOL.
He's a Featherweight trying to take on a Lightweight (roughly 130-135 lbs vs 180-190 lbs)
If only the Democrats were a little like the republicans, and voted their interests. But they don't even do that.
Dodd for Majority Leader indeed. And Edwards for President. And there must be some non-Clinton Lieutenant in the House with balls who could be Speaker and get that pathetic Pelosi out of there. I was watching her press conference with Boner and Paulson from yesterday, she was making goo goo eyes at Paulson like he was some freaking hero. Worthless git, go Cindy Sheehan!
Leadership is non existent in the Democratic Caucus leadership ranks, completley non-existent. That's the problem, not that they're like the GOP, it's just that courage and ideas and determination has been fund raised out of the electoral process.
January 25, 2008 12:17 PM | Reply | Permalink
Tim:
Good to see that I'm not the only one.... I'm thinking we need to Lamont our "esteemed" junior Senator Salazar and get a progressive Democrat to run against him in the 2010 primary.
January 25, 2008 12:28 PM | Reply | Permalink
Hurry up and cave, Harry. You're wasting everyone's time.
January 25, 2008 12:33 PM | Reply | Permalink
No one cares what the "media narrative" is anymore. The media is even more unpopular than lawyers and Bush. It's the one things conservatives and liberals agree on. If the Democrats had any guts (ha), they'd take the "media narrative" and ram it up their buttholes.
January 25, 2008 12:50 PM | Reply | Permalink
Walrus asks.....why the Dems appear unable to accomplish anything of importance whether they are in the minority or majority?
Because once again, it proves there,,, is..NO.. significant differences between the 2 parties.
Nada
Zip
None
Zero
Both parties exist to provide the illusion we have a choice, a Democracy.
Nah, ain't so and ain't been that way for 50 years or more at least.
Hard concept to accept, I know.
Plenty of evidence to support it, tho.
January 25, 2008 1:16 PM | Reply | Permalink
As the IBM tv ad 'says' "Stop talking,start doing'.Below is my letter(feel free to plagarize,etc.) that I have faxed to the following:
Feinstein fax (202) 228-3954
boxer - 415-956-6701 fax
reid Fax: 202-224-7327
Pelosi Fax # (202) 225-8259
Davis Fax: (202) 225-2948
hagel Fax: (202) 224-5213
snowe Fax: (202) 224-1946
dodd | Fax: (202) 224-1083
feingold Fax (202) 224-2725
obama (202) 228-4260 fax
Clinton Fax: (202) 228-0282
Edwards Fax: (919) 967-3644
Rockefeller 202 224-7665
Dear Senators Feinstein and Boxer and Representative Davis;
I am writing to you, again, as your constituent regarding S2248 (FISA, amendments). I am copying Senator Reid and Representative Pelosi as they are the Congressional leaders of the respective houses and think they should be aware of my writing. And I’m copying Senator Dodd and Senator Feingold as they are the leaders on the issue of ‘no immunity’ for the telecommunication companies. And I’m copying Senators Hagel and Snowe as they are Republican members of the Senate Intelligence Committee and perhaps are more reasonable than Senators Bond, Kyl, and McConnell. And Senator Rockefeller as he keeps insisting that the telecommunication companies acted properly when they didn’t. The copies to Senator’s Obama and Clinton are to urge them to attend this coming Monday’s session and lend their ‘gravitas’ to the issue; and to let them know that if they don’t, no matter which of them is the Democratic nominee for President, they won’t get my vote as a registered independent voter.
I write this as a white, 61 year old, unemployed computer professional who watched the entire day of Senate coverage on this issue on CSPAN. Simply stated, I was disgusted with the disinformation put forth by Senator Bond and the intransigence of the Republican leadership to allow even voting on amendments. And Senator McConnell was mistaken when he said those watching were confused by the parliamentary maneuvers during the day. And Senator Durbin was exactly correct when he said the Republican approach was ‘my way or the highway’. Especially when Democrats are willing to extend the atrocious Protect America Act of 2007 throughout the term of the Bush Administration.
Simply stated, if Qwest Communications was concerned enough to refuse to co-operate based on the letter(s) from the Bush Administration for this illegal wiretapping of U.S. citizen’s, then there is ABSOLUTELY no rationale, as Senator Rockefeller and Republican’s keep bringing up, for the other telecommunication companies to have acceded to the request from the Bush Administration.
Senator Rockefeller is quoted as saying “"They relied on the legal conclusion of this nation's most senior law enforcement official and they provided assistance because they wanted to help stop terrorist attacks"; then that was the mistake of those telecommunication companies that ‘relied’ on someone who has since left the office of Attorney General in disgrace and they should pay for not listening to their internal legal staff or relying on existing law that has been on the ‘books’ for the last 30 years. Additionally, the mantra of ‘self responsibility’ would seem as applicable to companies as it is to individuals. And the idea that such companies would hesitate to assist the government when a properly served warrant has been issued is disingenuous at best, ludicrous in logic at it’s worst.
As Senator Feingold has pointed out “Granting this kind of amnesty is totally unjustified since these companies already receive immunity if they follow the law. And it’s not as if these companies don’t have lawyers to tell them what’s legal and what’s not – especially when these laws have been on the books for 30 years. It is particularly outrageous that companies think they deserve immunity for allegedly participating in an illegal program when we found out last week from the DOJ Inspector General that telecom carriers are perfectly willing to shut off wiretaps – including a foreign intelligence wiretap – when the FBI doesn’t make its payments on time.”
Senator Bill Nelson, a Democrat, is quoted as saying "At the end of the day we have to have the cooperation of the telecommunications companies, and they should not have the threat of a spurious lawsuits hanging over their heads." This is such fallacious logic that it’s disingenuous at best, ludicrous and dishonest at it’s worst. These telecommunication companies have very skilled lawyers and, given the example of Qwest rejecting such ‘assistance’, knew that such actions were against the law (or should have, given their expertise).
One begins to wonder whether contributions from these companies are more important to certain Senators than the rights of U.S. citizen’s.
I read where “The White House is trying to force a political confrontation this week over the terrorist surveillance issue — threatening to label congressional Democrats as soft on national security unless they quickly approve a new bill that would gave the U.S. intelligence community vastly enhanced spying powers”; I say let the liars that are the Bush Administration –945 lies and continually increasing- say what they want; American’s AREN’T buying it !! The Bush Administration has NO credibility and for Democrats to act as though the Bush Administration can still intimidate them is disgraceful.
If the logic is that the Democrat’s legislation needs Bush’s signature to be enacted and therefore there is a need to ‘co-operate’ and be ‘bi-partisan’, I would say forget the legislation and take up the needed impeachment.
What point is there to legislation if the result is the regular issuance of signing statements like this for the PATRIOT USA Improvement and Reauthorization Act of 2005 : “The executive branch shall construe the provisions of H.R. 3199 that call for furnishing information to entities outside the executive branch, such as sections 106A and 119, in a manner consistent with the President's constitutional authority to supervise the unitary executive branch and to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties.” ??
And despite Senator Feinstein’s clarity and specificity in her floor speech and reasonable amendment regarding ‘exclusivity’, it was objected to and if attached to the Intelligence Committee version of S.2248, the probabilities are extremely high that the legislation will have a signing statement attached that ignores such ‘exclusivity’.
It is now been reported that the Bush Administration started the processes by which all communications in the United States would be monitored –regardless of status or citizenship- just two weeks after taking office in 2000. This ‘should’ tell you all you need to know of the real intent in pushing for legal immunity within the changes to the FISA. How many times does the Congress need to be lied to before you ‘get it’?
And for the Republican’s to think that ‘terrorists’ are not aware of the technical prowess of the United States to monitor communications simply ignores reality.
The ongoing assault by the Bush Administration on the U.S. Constitution’s system of checks and balances in the name of the “Unitary Executive Theory” MUST be stopped and it is Congress’ failure to combat this flawed theory that is part of the reason why citizens hold Congress in such low regard.
It would appear as though Republican Senator’s and the Democrat Senators (Sens. Evan Bayh (D-IN), Tom Carper (D-DE), Daniel Inouye (D-HI), Tim Johnson (D-SD), Mary Landrieu (D-LA), Claire McCaskill (D-MO), Barbara Mikulski (D-MD), Bill Nelson (D-FL), Ben Nelson (D-NE), Mark Pryor (D-AR), Jay Rockefeller (D-WV), and Ken Salazar (D-CO)), who voted against the Judiciary Committee version of S.2248 have forgotten the preamble to the U.S. Constitution that states, ‘WE THE PEOPLE’.
They do so at their own risk. The citizenry of the United States have ‘awoken’ and, paraphrasing the character in the movie ‘Network’, “We are mad as hell, and aren’t going to take this anymore!"
The ‘message’ that is currently being presented to the citizenry of the United States is that, if immunity is granted, then, once again, Congress has failed in it’s responsibility to the citizenry in favor of corporate donors and a desire to avoid addressing the lawlessness that the Bush Administration has consistently engaged in. AND NO AMOUNT OR TYPE OF AMENDMENTS WILL OVERCOME THAT IDEA.
If Bush wants to veto such legislation and Republican’s won’t join in a bi-partisan manner to override such a veto, then it is the Bush Administration and Republican Senators and Representatives who are to blame for not acting in a manner that supports ‘national security’. And the Democratic Party needs to be VOCIFEROUS on that point AND NOT let the arguments related to ‘national security’ be framed by a corrupt Executive Branch that calls the U.S. Constitution ‘a piece of paper’.
It’s time to stop making a mockery of the words ‘land of the free and home of the brave’.
In closing, I implore you to NOT provide any immunity to the telecommunications companies (don’t they have enough help from the FCC already?) and PUT THE ONUS on the Bush Administration and Republican’s of both Houses for not passing legislation said to be ESSENTIAL for ‘national security’.
I would also ask that this missive be read on the floor of the House’s, shared with those Democrats that voted against the Judiciary version of S.2248, and entered into the respective Congressional Record(s).
Sincerely,
January 25, 2008 1:52 PM | Reply | Permalink
Long Memory: "I still want to know exactly what the telecom companies did at the bidding of the White House. It's gonna come out,..."
No, once the Immunity is passed, we will NOT learn what happened, because the lawsuits already filed will be thrown out, and that's the last we'll hear about it. Thus the bait and switch by Reid. RockefellowRepublican has been receiving large infusions of cash from the Telecoms, soon after making his views on FISA and Immunity crystal clear to his good buddy Dick Cheney. This entire country is being sold out. We no longer have representation in DC. Dodd will find his every move, even after this debacle ends, dogged and held back by the "Insiders".
Man, I really hope that I'm full of crap.
January 25, 2008 2:30 PM | Reply | Permalink
"As the Republicans have demonstrated, the Senate's rules make it easy for the minority to make trouble."
I don`t get it.If this were true then the Dems are definitely in league with the Repubs.
Why didn`t they use the senate rules to their advantage to stop the Military Commissions Act,you know the one that cancels Habeas Corpus?There should be no way immunity for criminals is included in FISA.
Why not make Bush pardon them?
January 25, 2008 4:14 PM | Reply | Permalink
COgator:
I wrote a short and nasty letter to Senator Salazar asking him why he was so fond of signing away our rights (habeas corpus, search and seizure). Maybe you and I should show up at his next town meeting and ask him in person.
January 25, 2008 4:18 PM | Reply | Permalink
Just sent my letter to Jay on his website:
Qwest wants to know if its too late to get in on the telecom immunity PAC. In seeing the love that VZ and AT&T is getting with you on this, they're feeling left out. So much so they're willing to recant and fess up that they too were unable to withstand the will of the executive branch and ended up performing illegal wiretaps to their great distress. Or withstanding that, make claim that they were at least beguiled and indeed tempted by the Manly Power and essence of Bush and Cheney themselves. In any case, isn't there a way they can still do a deal with you on this?
Send our love to the GOP!
January 25, 2008 4:31 PM | Reply | Permalink
I have to agree with a number of the sentiments here: if the Democratic majority really was serious about the talk, they'd walk-the-walk. It's a bait-and-switch, a ruse for many of them. We know the phonies by how they vote, and they need to be made to pay in the coming elections. This needs to be made explicitly clear to all of them.
Also, this whole 'soft on national security' is an old game from the Cold War, like 'soft on communism.' The Democrats cannot seriously be falling for this, so we must assume that there's collusion, certainly on-the-parts of senators like Evan Bayh (a fraud as a so-called 'liberal'), and Jay Rockefeller (how can anyone trust a Rockefeller?!).
Reclaimthemedia.org has a great overview piece and names the dirty 12:
'The pro-immunity, pro-warrantless eavesdropping Democrats: Rockefeller, Pryor, Inouye, McCaskill, Landrieu, Salazar, Nelson (FL), Nelson (NE), Mikulski, Carper, Bayh, and Johnson. Neither Clinton nor Obama bothered to show up for any of this.'
In short, it's up to one senator to turn against the Republican version of the bill (granting immunity to the telecoms and allowing for even more warrantless surveillance)...and Barack Obama and Hilliary Clinton. If they really want to win, they had better weigh their votes in their minds seriously.
January 25, 2008 4:47 PM | Reply | Permalink
It's the bush dog democrats(the republic arm of the democratic party)that helps keep the obstruction alive.
They need to be excommunated some how
January 25, 2008 5:13 PM | Reply | Permalink
If it walks like a duck, and it quacks like a duck, and swims like a duck, it's a duck.
Both political parties represent the interests of the rich. The Republicans do it by the use of tough-guy rhetoric, which is to say by deception.
The Democrats do it by using soft cliches, which is to say by deception.
Admittedly you can say that the tough-guy rhetoric approach has some marginal integrity which the soft cliches lack. In that sense the Republicans are somewhat more straightforward than the Democrats.
But it is still the case that, Democrat or Republican, the political parties are in place to serve as clients of the wealthy.
Therefore by that fact alone, they are engaged in a deeply deceptive act. They are elected, after all, to serve the interests of the people, and they (obviously) are far from doing that.
So, dear reader, your only choice is to get used to living in a tyranny.
I personally will make protests -- such as this one. But in certain countries in history, the populace are ruled by tyrants. We are the Iraqis.
January 25, 2008 7:08 PM | Reply | Permalink
If the House would begin impeachment hearings, we'd be figuring out a lot sooner who was and was not squeezable in the Senate...
January 26, 2008 4:40 AM | Reply | Permalink
Bruce:
Great letter!
January 26, 2008 8:06 AM | Reply | Permalink
what is the surprise? there is only one party
if you think there are two, you are owned
January 26, 2008 8:30 AM | Reply | Permalink
To be sure, Reid must go. But a larger part of the problem is that the Bush Dogs must feel our anger. Go to http://openleft.com/showDiary.do?diaryId=917
and join the fight to tighten the reins on these closeted repugnicons.
Does anyone know of a concerted effort to replace Reid?
January 26, 2008 12:59 PM | Reply | Permalink