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Reid Wants Full Senate to See Warrantless Surveillance Docs
Today's the big day: the Senate debates a permanent overhaul of surveillance law to replace the administration's sweeping Protect America Act, which expires February 1. (Didja see Sen. Feingold's TPMCafe post on all this?)
One milestone on the road to today's debate was a White House agreement to let the Senate intelligence committee and the leaders of the judiciary committee see the legal justifications for its constellation of warrantless surveillance programs. Now Sen. Harry Reid (D-NV), the Democratic leader, wants the full Senate to be able to review the closely-held documents. He wrote to intelligence czar Michael McConnell yesterday:
We appreciate that you have provided access to the documents necessary for evaluation of this issue to the Senate Intelligence and Judiciary Committees, as each has in turn considered it. As the debate now moves to the full Senate, I believe it is of critical importance that all Senators who will be called upon to vote on this important question have an opportunity to review these key documents themselves so that they may draw their own conclusions. In my view, each sitting Senator has a constitutional right of access to these documents before voting on this matter.I strongly urge you to make the documents previously provided to the Intelligence and Judiciary Committee regarding retroactive immunity available in a secure location to any Senator who wishes to review them during the floor debate
One Senator who read those documents, Sheldon Whitehouse (D-RI), has already said in a recent speech that the legal basis for the program spelled out in the documents made him "increasingly dismayed and amazed." They amount, in Whitehouse's view, to a legal doctrine for presidential lawbreaking. Maybe Reid, who's said he opposes retroactive immunity, is pushing a gambit to kill the telecom immunity provisions of the surveillance bill through the disinfecting power of sunlight.

Comments (28)
I voted for Kodos wrote on December 17, 2007 12:10 PM:Sunlight...yah, that could be it. Don't get me wrong, I think sunlight as disinfectant is great. But there are two big reasons I hope that isn't the big strategy Reid came up with to get his way:
Ferruge wrote on December 17, 2007 12:20 PM:(1) Sunlight doesn't have the same disinfectant power when the perps are completely shameless. Has sunlight on torture methods caused any big admissions or retractions? Of course not--the more evidence comes out, the more the administration just says "we don't torture".
(2) There are many great ways for someone opposed to the special immunity for corporations to oppose it, but it doesn't seem like making a specific effort to bring the version of the bill that has it to the floor would be top among them. Maybe he's doing it as part of some new tactic to jerk the administration around and lead it on, but that's the best I can see from a tactical standpoint.
Could the Repulicans have asked for a better Democrat Senate Majority Leader, from their perspective? Reid has turned out to be a feckless puke. Too many blows to the head from his boxing days, I guess.
Lurr, Omicron-Persii 9 wrote on December 17, 2007 12:29 PM:I'm pretty dismayed.
At this point, Bush could be videotaped raping petting-zoo animals on the South Lawn -- and so long as he provided a scawl in crayon which says I Am Preznit So I Can do All The Thingz, the Senate would say, "Oh, okay", and go back to sleep without more than a harrumph of protest.
On balance, I'd say we're fucked.
Dale wrote on December 17, 2007 12:30 PM:"Maybe Reid, who's said he opposes retroactive immunity, is pushing a gambit to kill the telecom immunity provisions of the surveillance bill through the disinfecting power of sunlight."
Yes, this seems so very likely. As previously noted, if he was truly against retroactive immunity, why not try the gambit of honoring a Democratic Senator's hold on this bill, and bringing forward the bill that did not include immunity. Then if anyone wanted to further screw the American people by pushing for immunity, their votes for or against an ammendment to the bill could be used for/against them in the future.
I guess that was too straightforward for the Democratic "leadership."
Disgraceful
Bushie wrote on December 17, 2007 12:32 PM:Reid choosing the bill from the Intelligence(?) committee including, Telecom retroactive immunity, was nothing more than supporting his supporters.
Of those few Americans following what happens within the Beltway, even fewer seem to understand or care about the systematic dismantling of laws, the Bill of Rights or the Constitution by Cheney/Bush, with the complicity of Congress. Obama and Clinton will vote present or be out campaigning, after the filibuster fails.
feckless wrote on December 17, 2007 12:40 PM:More of this "I put up a good fist fight for the constitution, but I failed to load my filibuster gun, sooo..."
The democrats obfuscation of their cowardice is even more insulting than the blatant lies and lawbreaking of the republicans.
Does Reid really think the populace is so terminally stupid as to believe that the democrats are "losing" political "fights" with republicans, when he ignores holds/filibusters/impeachment?
BrewhouseBob wrote on December 17, 2007 12:55 PM:Does Reid really think the populace is so terminally stupid as to believe that the democrats are "losing" political "fights" with republicans, when he ignores holds/filibusters/impeachment?
Of course he does. And why not rely on the general apathy and stupidity of the populace? The Republicans have counted on it for years.
P J Evans wrote on December 17, 2007 12:57 PM:If those papers are so important, why weren't they used in the intelligence committee to argue *against* immunity, because it's *their* version that Reid is shoving through?
Who bought Reid's vote, why, and how?
breakspear wrote on December 17, 2007 12:58 PM:Has Reid decided he'd rather be a GOoPer in his old age?
Reid is the Senate's 'Neville Chamberlain'.
Praedor Atrebates wrote on December 17, 2007 1:04 PM:Chris Dodd should be Senate Majority Leader. There is no refuting this. He is the man and is a true American who believes in the Constitution. All Americans can always trust him to uphold it. I have faith in his ability. It's too bad he's not leading the field for the Dem Prez nomination. Just too bad.
Please. Reid isn't doing anything to derail immunity for telecoms. If THAT was his intent, then he had the easiest way to do so in the known universe: the ability to choose the Judiciary's version sans immunity rather than the Intelligence Committee's pro-illegal-spying bill. He selected the GOP/Bush-favored illegal spying bill instead.
He is not trying kill immunity by shining light on it. He is simply doing normal Democrap Kabuki to PRETEND to oppose Bush and the GOP rather than to appear as they really are: fully complicit in all the illegalities over the last 7 years.
SmileySam wrote on December 17, 2007 1:05 PM:Screw Harry, if he really believes as hr claims he would not of called for the vote on this Bill today. Time to replace Harry Reid.
Spider97 wrote on December 17, 2007 1:18 PM:Harry Reid is wholly unsuited for the position he presently holds.
The man is a spineless pretender.
Anonymous wrote on December 17, 2007 1:23 PM:Harry Reid has violated his oath of office to defend the U.S. Constitution. He must be removed.
A wrote on December 17, 2007 1:38 PM:Instead of just complaining, dear readers of this blog, PLEASE call your senators
cjop wrote on December 17, 2007 1:47 PM:RIGHT NOW, as Senate discussion of the FISA bill (S. 2248) has begun,
to point out to them that you don't like telecom amnesty, that he/she should vote against any bill including it, and
should support Chris Dodd's filibuster.
The ACLU has this as an action item ('FISA flood'), it is on Chris Dodd's web site, and DailyKos other liberal groups push for it too.
You'll at least feel better for having tried to point your senator in the right disrection.
They are ALL in bed together. Time to clean house. I see my recently sidelined senator is back. The state paper said he was "ready for business". It should have read he was again "open for business". Now I'll have to stand in line behind the credit card companies again.
mbbsdphil wrote on December 17, 2007 1:55 PM:Needless to say, some of that warrantless spying must have been on our Congress Critters and their staffs, their friends, and their friends' friends. On the financial dealings of senators Reid, Schumer and Clinton; the sexual orientation of Sen. Graham; the somnolence of Sen. Rockefeller; and the complacent, stay on the gentlemanly path Leahy.
But my, oh, my! What they must have on Sen. Reid. He has ridden roughshod over Dodd's hold while revering those placed on important legislation by Sen. Graham and others. Reid, supported by Leahy and Durbin (!), who is using every parliamentary trick in the book to pass FISA legislation immunizing the telecomms industry and their government promoters from their past - and current - serial law breaking.
Sen. Reid, those are the intel intercepts I want to see read on the Senate floor. Tapes of your calls to gaming, uranium and mining interests back home. Sen. Rockefeller, I want the tapes of your talks with Dick Cheney about your bipartisan amnesty-for-Telcos legislation. Sen. Clinton, I want the tapes of all your calls, demonstrating your Alec Baldwin like demeanor with your "hubby", and showing us just how much you really want to be el Presidente. And while we're at it, a few tapes of Bubba George taking dictation from Big Dick about what he's supposed to say.
Odds are, we'll hear none of those. And our vaunted Senate will fail to investigate another series of crimes by this administration and its corporate supporters. They'll negotiate no quid pro quo for limited amnesty for those truly cooperating in valid intelligence gathering about foreign enemies. They'll just collect their bundled campaign money and enjoy their holidays, imagining that they've done their jobs well.
We are watching as our Republic slips into Empire - wondering whether to join in or ignore the "war" on Christmas - while the tree of liberty burns to a cinder in our living rooms.
onceler wrote on December 17, 2007 1:56 PM:Reid is an I D I O T. he is a *pretend* strategist. really, he's that bullied kid who thinks if he just comes up with the right wacky plan that it will work, he'll humiliate his bully and people will repsect him. and then Lucy pulls the football away again just like the last time. dismiss him from the leadership!!! we can't win any fights with losers like Reid in charge.
mbbsdphil wrote on December 17, 2007 2:11 PM:Sen. Reid has at least a dozen top senators backing him up. What are they hiding? Quite possibly, their full knowledge and complicity in the warrantless surveillance machine created by Cheney, Bush and McConnell.
They want to win landslide victories in '08, not be voted out of office for having aided and abetted some of this administration's worst lawbreaking.
If that's what's at stake, they may learn, like Bush, that they can't write their own reality. Elections do have consequences; I hope they have endless hours to consider that as they enjoy the unemployment line back home.
FSE wrote on December 17, 2007 2:25 PM:As I recall, it takes 60 Aye votes to invoke cloture, regardless of how many Senators are actually present. So practically speaking, does it change the outcome if a Senator "supports the filibuster" by voting Nay as opposed to not voting at all?
retr2327 wrote on December 17, 2007 2:42 PM:Agree with all of the above, but would add that Reid's call to declassify the docs is not some strategy to kill the immunity bill, but a strategy to CYA his involvement in arranging for immunity. He knows damn well it ain't gonna happen (this is the Admin that won't even release its visitor logs, for Pete' sake), but by going through this charade, he can argue that "if you had seen them, you would understand" blah, blah, blah.
Disgusting. Time for a new party, maybe led by Connecticut's other senator?
SacrAmerican wrote on December 17, 2007 2:56 PM:This is just a game of "good cop - bad cop" a dog and pony show put on by the corrupt one purpose - two party political governmental system for voters to see.
The stupid debate over what really amounts to the commission of felonies is not so difficult to believe With a leader who has eleven hundred times changed, modified or outright defied legitimately passed legislation, laws passed through the constitutionally assigned Legislative Branch with his so called signing statements.
Through these unconstitutional signing statements Bush has ultimately become the supreme legilator in chief. He has, using techniques very similar to Adolph Hitler's become by definition a dictator of this once free nation.
sandy wrote on December 17, 2007 3:34 PM:Harry Ried is a disgrace and seems totally clueless as time passes. Both he and Pelosi need to step aside.
shoephone wrote on December 17, 2007 3:46 PM:Harry Reid was bought off by the telecoms, just like the rest of the traitors to the constitution.
http://opensecrets.org/politicians/contrib.asp?CID=N00009922&cycle=2006
I'm trying to remember now -- what is the punishment for treason? Oh that's right...
iVoted4Nader wrote on December 17, 2007 3:48 PM:I just sent Dodd $20, and I'm f-ing broke AND an Obama supporter. Some things are FAR more important than money.
Anyone wanna match it? Coz I ain't seen these kinda balls, well, in FOREVER!
judyinnm wrote on December 17, 2007 6:56 PM:Hope springs eternal, for Democrats - we keep looking for Harry Reid to "have something up his sleeve" while he's capitulating to the Bush administration in a way that would make a Republican blush. Every time he or Nancy betrays us, and claims to be "holding them accountable", another of our rights is being subverted by those we worked hard to put into power; as they tell us they "have no power".
The problem with ALL Democrats is we think that we and the Repbulicans are on the same side, as Americans all; with mutual interests. That's no longer true; and hasn't been since Jimmy Carter was president. By their own admission, on numerous occasions, Republican accolites have expressed the wish that anyone who disagrees with them should die, and Democrats are lumped with "terrorists" as the enemy. At some point in time, we need to acknowledge that we no longer have a cohesive country.
parrot wrote on December 17, 2007 7:34 PM:"Sunlight"? Um, how about a spotlight of justice and impeachment? These guys are spineless...so used to being pals with the criminal that they do not know how to function in a legal system that might actually hold folks to the law and our Constitution. They are part of the rot...otherwise the Congress would have reasserted its legal and moral authority...something that it has pointedly decided against for a year now and presumably will continue to do until the next election...if there is one that even matters any more.
Michael Stevens wrote on December 17, 2007 7:39 PM:It's done, Reid just folded and canceled the vote until next year.
At this point, it is the best we could have hoped for.
I'm sure Reid didn't want to witness the first actual filibuster in over 15 years. Especially a filibuster BY a Democratic Senator in a Democratic controlled Senate.
I wasn't a Dodd supporter before today, but Obama, Hillary and Biden stayed on the trail. If Not for Chris Dodd, this horrible bill WOULD HAVE PASSED.
Dodd was the sold remaining firewall. At the very lest, I hope he gets Reid's job.
skate wrote on January 7, 2008 6:10 PM:Just like Sen. Whitehouse said , we've got nothing except a "LEGAL DOCTRINE" for the president.
Where is the beef?...