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Reid: GOP "Cynical" Approach to Surveillance Bill

A prepared transcript of Senate Majority Leader Harry Reid's (D-NV) remarks before the vote today are below.

Some highlights:

Mr. President, in my twenty years in Congress, I have not seen anything quite as cynical and counterproductive as the Republican approach to FISA.

The American people deserve to know that when President Bush talks about the foreign intelligence bill tonight, he's doing little more than shooting for cheap political points - and we should reject his efforts....

The Republican leader filed cloture on this bill after it had been on the floor for just a few hours. He filed cloture after Republicans blocked every amendment they could from being offered and blocked all amendments from getting votes.

In simple terms, this means the Republicans were filibustering their own bill. Let me repeat that. The Republicans were filibustering their own bill. In my time in the Senate, I can't remember this taking place....

We are the deliberative body. Let us deliberate.

Full transcript below.

Just a few hours from now, President Bush will stand in the well of the House of Representatives, just a few hundred yards across the Capitol from here, to deliver his final State of the Union address.

It's a fair bet that in this speech, he will continue the drumbeat started by Dick Cheney last week by trying to scare the American people into believing that if he does not get his way on the FISA bill now before us, America's national security will be gravely jeopardized.

I have said on more than one occasion in recent days that the we face: a faltering economy at home and a failing foreign policy abroad - call upon us to rise above partisanship.

I have said on more than one occasion that we extend our hand to the President and Congressional Republicans and hope they join us in a genuine spirit of bipartisanship.

But, Mr. President, in my twenty years in Congress, I have not seen anything quite as cynical and counterproductive as the Republican approach to FISA.

The American people deserve to know that when President Bush talks about the foreign intelligence bill tonight, he's doing little more than shooting for cheap political points - and we should reject his efforts.

Members of Congress from both parties have legitimate policy disagreements on FISA.

Some of us believe that history proves the need for more protections against government abuse. Others support the law the way it stands.

But all of us - Democrats and Republicans - want to wage an effective fight against terrorism.

All of us - Democrats and Republicans- want to give our intelligence professionals the tools they need to win this fight.

We will be taking two votes: the first is on whether to invoke cloture on the Bond-Rockefeller substitute to the FISA bill that we have on the floor.

The second is a cloture vote on whether to extend the authorities of the Protect America Act for an additional 30 days, while Congress works to pass a new FISA bill.

I will oppose cloture on the substitute, and will support cloture on the extension.

An extension will give the Senate time to fully debate this complex issue and pass a longer-term law that protects America without compromising the privacy of law-abiding Americans.

Both the Intelligence Committee bill and the Judiciary Committee bill authorize the same surveillance tools our intelligence community needs. Democrats and Republicans stand together on all of the terrorism-fighting components of these bills.

Some Democrats, including me, support the additional privacy protections in the Judiciary Committee bill. Others are satisfied with the protections in the Intelligence Committee bill.

But all of us believe that the Senate should have an opportunity to vote on these important questions.

As a result, many Democrats, including Chairman Rockefeller, are going to oppose cloture on the substitute because they object to the heavy-handed tactics of the Republicans we saw last week on this legislation.

The Republican leader filed cloture on this bill after it had been on the floor for just a few hours. He filed cloture after Republicans blocked every amendment they could from being offered and blocked all amendments from getting votes.

In simple terms, this means the Republicans were filibustering their own bill. Let me repeat that. The Republicans were filibustering their own bill. In my time in the Senate, I can't remember this taking place.

Meanwhile, at the other end of Pennsylvania Avenue, President Bush has actually threatened to veto a temporary extension of FISA.

Let's remember - a temporary extension would guarantee all the terrorism-fighting tools remain in effect. There is absolutely no policy or security problem with an extension.

All it would do is give us more time to work toward bipartisanship while the law continues uninterrupted.

There is no reason to vote against an extension - or for the President to veto one- - except for political posturing.

None of us want the current law to expire. But if it does expire because of Republican tactics, surveillance will not end.

All surveillance orders issued under the law we passed last August, the Protect America Act, are effective for one year, so they will continue until at least August of 2008.

Even in a last resort -- if the current law expires, our intelligence professionals can get surveillance orders under the FISA law as it existed for several decades before we passed the Protect America Act last August. FISA includes provisions for emergency warrantless
surveillance.

Again, no one is arguing that the law should be allowed to expire. Doing so would send the wrong message.

But the safeguards in place ensure that our war on terror will not be adversely affected. Anyone who says otherwise, from the President on down, is not being truthful.

Why do Democrats seek an extension? We still believe that bipartisanship is appropriate and possible. The economic stimulus package shows us that when circumstances are dire, we can work together.

The Republican leadership's actions in this FISA debate have not given us reason for confidence that they are interested in working with us, but we owe it to the American people to give them every opportunity to work with us.

Democrats have requested a 30-day extension repeatedly. Each time, Republicans have said no.

Compromise, M. President, is a two way street. Bipartisanship is a two way street.

As I said last week, we are willing to pass an extension of current law for two weeks, 30 days, 18 months - whatever our colleagues want. But we need to pass an extension now if we are to ensure that the law does not expire. The House is going out of session shortly.

Already, Democrats have introduced several amendments to strengthen the bill:

* Sen. Feingold sought a vote on his amendment to provide FISA court documents to the Senate Intelligence Committee. Republicans blocked him.

* Sen. Whitehouse sought to offer an amendment to give the FISA court authority to review compliance with minimization rules, to protect the privacy of Americans whose communications are inadvertently intercepted. Republicans blocked him.

* Sen. Cardin sought to offer an amendment to sunset this legislation in four years, rather than six, to make sure the Congress returns to this legislation sooner to evaluate how it is working. Republicans blocked him.

* Sen. Kennedy sought to offer an amendment providing for a report by the Inspectors General of the relevant agencies to review the conduct of these programs in the past. Republicans blocked him.

* Sen. Feinstein sought to offer an amendment making crystal clear that FISA is the exclusive means by which the executive branch may conduct surveillance. Republicans blocked her.

Whether these amendments pass or not, M. President, we should be allowed to have votes on them. That is what the U.S. Senate does. We take up bills reported to us by our committees, senators offer amendments to them, and we let the Senate work its will.

The Republicans can't block us from voting on any amendments and expect us to follow along. Senators are entitled to a vote on their amendments. And with Republicans blocking every amendment, we haven't gotten to the crucial issue of immunity.

Let's not forget: the question of retroactive immunity wouldn't even be before us if President Bush hadn't ignored Congress and established his own process outside the law.

But far from taking responsibility for his actions, the President bullies and threatens the Congress he is supposed to work with. He is like the kid in the schoolyard taking his ball and going home when he doesn't get his way.

When the President talks tonight about how important this program is and how it must continue, I say to him that he must reconsider his political posture and ask his colleagues in the Senate to support an extension.

We are the deliberative body. Let us deliberate.

I urge my colleagues to oppose cloture on the substitute amendment, so that the Senate can return to considering and improving this bill.

We must pass a bill that gives our intelligence authorities the tools they need, while protecting the privacy of all Americans.

And I urge my colleagues to support the extension, so that we can ensure that current authority does not expire while Congress works to pass a new and stronger FISA bill.


Comments (13)

Eric Ferguson wrote on January 28, 2008 4:49 PM:

I hope Reid and the slower Democrats finally figure out the sort of people they're dealing with on the other side. These aren't collegial colleagues who want to find mutually acceptable compromises. They're ideologues and crooks who don't believe in compromise.

Will wrote on January 28, 2008 5:00 PM:

The NOs have it... Johnson, Inyoue, McCaskill and Landrieu all voted no

Jeff Linder wrote on January 28, 2008 5:13 PM:

It frightens me that I have not seen ONE mention of this vote on CNN or MSNBC.com at ALL today...

phil james wrote on January 28, 2008 5:58 PM:

No one who writes the news at CNN understands what it means or could explain it to the public. And besides, if it doesn't bleed it doesn't lead.
KO is busy with other stuff at MSNBC.

raymond wrote on January 28, 2008 6:07 PM:

Does anyone from the left really care what this man has to say? Reid, Pelosi, Emanual, Hoyer have gamed the political system so long as to completely sully themselves. They simply are no longer relevant.

jakebob wrote on January 28, 2008 6:31 PM:

Sadly, we have to go to Washington with the Dems we have, not the ones we wish we had. I am personally at a loss to explain WTF my Dem Senator Daniel K. Inouye, with his 40-plus years in DC, his WWII credentials, and his experience w/ anti-Japanese hysteria in the 40's, is doing on the wrong side of this issue.

Did the telecom lobbyists get to him? Say it ain't so, Dan.

My other man Dan (Akaka) rocks big time on civil liberties, so I guess Hawaii's a wash on this one.

thromulese wrote on January 28, 2008 7:27 PM:

“the President bullies and threatens the Congress he is supposed to work with. He is like the kid in the schoolyard taking his ball and going home when he doesn't get his way.”

Let him take; his “ball”, his fascism, his torture, his spying, his lies, his propaganda, his war crimes, his incompetence, his cronies, his VP, his catapulter of propaganda, and everything he brought into OUR white house when he stole it. Let him take it all with him as he slithers back to his dirt hole in Texas. The worst president America has ever had deserves nothing more, and nothing less.

I’d say he (and the dick) should be impeached and imprisoned for treason (outing a CIA agent in time of war), and war crimes for the Iraq fiasco. But I know the dems do not have the spine or political savvy for such a bold, constitutionally required move.

brian wrote on January 28, 2008 10:26 PM:


The list of outright lies and fantasies that Republicans have to say they believe in order to support this president, is quite long.

Let's not list them all - but there are many.

Let's ponder how out-of-touch with reality these supporters are. Now let's imagine them choosing their next candidate.

Stunning scenario, yes ? Our country is being steered by a bunch of deluded, fantasy-addled old timers who wish the year 1962 was now.

The rest of the world has moved far ahead of where we are stuck.

Forrest wrote on January 29, 2008 12:19 AM:

While I am happy that the Dems have taken a small step to begin to fulfill their promise to rein in the excesses of this Republican administration I think it will be only a matter of time before they cave and give in on the FISA matter. After all, that's what they have been so good at since campaigning and getting the necessary votes in 2006 to "stand up" to this administration. Harry Reid is the majority leader who determines what comes to the floor for a vote and what doesn't. He allowed this Bush FISA bill to be brought to the floor for a vote causing all the raucous to begin with. However, the Senate Judiciary Committee's bill which did not contain retro-immunity for the phone companies and therefore Bush/Cheney as well obviously was not the one brought to the floor. What's with him??? What kind of majority leader allows this to happen?? I'm beginning to wonder if Harry Reid wasn't one of the 3 Democrats who voted with the Republicans on the Bush/Cheney bill. Here's an idea.... Reid should resign as majority leader and recommend Joe Lieberman for the post. At least that way we can not only expect what's coming from the Democrats we elected to be a buffer against Republo-fascism we can understand why it's coming. Don't think the republicans won't bring this up again and try to use it as a vehicle to hammer away during an election year. At least if a clean FISA bill had been brought to the floor for a vote whether it failed or not the Dems could have at least showed that they tried to pass a bill that balanced privacy and security. Now they will just be raked over the political coals for not passing a FISA bill aka "weak on terrorism."

Duckman GR wrote on January 29, 2008 1:23 AM:

In truth, we don't want the stinkin bill at all.

Let it expire, then write a bill that solves the actual, technological problems with the bill which are minor fixes and have nothing to do with Telecoms or spying on Americans without warrants.

As I recall, the first time they "fixed" the bill, Bush was in a rush and needed it right now without anybody actually reading the damnable thing. This time, let it expire, and do it right, which involves leaving the damnable Bush and his lickspittle sycophants out of it.

Walrustooth wrote on January 29, 2008 11:47 AM:

The whole idea of this bill offends me as a non-American. I am sure that these rights are being used not just to fight terrorism, but to define a whole foreign policy to spy on governments, business's and people that do not fall inline with US policy. This information will be used to manipulate friends and foes.

I call for a new international data infrastructure that completely bypass's the US, therefore protecting our international right to privacy in communication. Why if I send an email from Canada to England, must my message be routed through new york first, where I will be raped of my freedom to privacy?

Also, how can a government argue for spying powers, when it is not transparent itself; moreover, completely blocking all transparency whatsoever..

You guys better two foot dropkick these retards after the election with long prison sentences, in hardcore Texan prisions.. better yet, throw'm in a New Orleans prison for a few days and see how long they last..

brian wrote on January 29, 2008 12:10 PM:


Walrustooth ( the poster just above ) has come up with a great business idea.

Someone should set up a means to bypass the USA in routing phone calls and e-mails. The users would pay extra for privacy.

If this is already available I would like to know about it.

Do It !!

lambert strether wrote on January 29, 2008 3:41 PM:

Why do you people keep mentioning torture?

It's so divisive. I say we need to work with the torturers, not demonize them.

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