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. . . Meanwhile, Back In DC, Dems Find Backbone On FISA

mcjoan at daily kos brings us this good news:

The Senate leadership has reached agreement with Republicans on how to proceed with the surveillance bill, and they held tough. According to leadership sources, these key Democratic amendments will get a simple majority vote: . . . more

* Striking Immunity (Feingold/Dodd): Strips the provision providing for telco amnesty from the current bill.

* Sequestration (Feingold): Prohibits the use of illegally obtained information.


* Bulk collection (Feingold): Requires the government to certify to the FISA Court that it is collecting communications of targets for whom there is a foreign intelligence interest.


* Reverse targeting (Feingold): Prohibits warrantless reverse targeting by requiring a FISA Court order for surveillance of a foreign person where the "significant purpose" of the collection is to target a U.S. person located in the United States.


* Substitution (Whitehouse-Specter): Substitutes the government for telcos being sued for their participation in the warrantless wiretapping program, but only if the company is first determined by the FISA Court to have cooperated with the Bush Administration reasonably and in good faith.

The big contest here is between Feingold/Dodd on Telco immunity and Whitehouse/Specter on Substitution. Whitehouse/Specter becomes an appealing place for the Ben Nelson and Claire McCaskills of the world to park their "bipartisanship." At first blush, it seems not unreasonable, but it very well might be. I am troubled with the FISA Court making the determination as opposed to the Court hearing the case against the Telcos.

I want to study that point a bit more.

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  • Display: Sort:
    Cynic says... (5.00 / 1) (#1)
    by magster on Fri Feb 01, 2008 at 08:46:40 AM EST
    GOP agreed because 7 or 8 Bush Dogs will vote for immunity.

    Some Dems have backbone, others (Yes, you Ken Salazar) don't.

    What "Good News"? (5.00 / 3) (#2)
    by JHFarr on Fri Feb 01, 2008 at 09:08:43 AM EST
    Check out Glenn Greenwald's column today. There's precious little to be thankful for. The Dems actually caved again...

    Substitution :: bait & switch (5.00 / 1) (#3)
    by Sumner on Fri Feb 01, 2008 at 09:25:20 AM EST
    But AT&T IS the government, some insist. Why, it's part of the 5th Estate.

    Sovereign Immunity for the AntiTrust scofflaw? Just swell.

    Substitution? When the fix is in, that's it. What is so hard about just breaking AT&T up again, but this time like Humpty Dumpty?

    Let's substitute a nice Humpty Dumpty amendment for the all time sucker-upper of all things data.

    Sadly (5.00 / 2) (#5)
    by BDB on Fri Feb 01, 2008 at 09:38:47 AM EST
    The amendment to strip immunity is never getting 50 votes.  Some of the others, including bipartisan-loving, authoritarian BushDog Democrat Dianne Feinstein's amendment with Specter.  Because the most important things for some democrats are 1) to never ever be called soft on terror, not even if the charges are ridiculous, and 2) to never ever be accused of refusing to be bipartisan, no matter how intransigent the Republicans are.  

    Ugh!  

    A nice reminder after last night's debate that the problem in any Democratic Administration is probably not going to be with the Democrat in the White House.  We need to focus more on the other end of Pennsylvania Avenue.  

    And, no wonder the Republicans kick Democrats around, who wouldn't love kicking these weak, pathetic suck ups?

    I predict not only do the Dems fail to stop Bush in any meaningful way, they will even rush the vote so that it's before Super Tuesday almost guaranteeing them that two votes won't be there.  When they could easily schedule it on, say, Wednesday.

    Sorry, I Agree With Greenwald (5.00 / 2) (#6)
    by MO Blue on Fri Feb 01, 2008 at 10:02:09 AM EST
    Just another attempt to make it appear that the Dems are actually doing something other than capitulating. In the end, IMO Bush will get what he wants once again.

    Backbone would have been (5.00 / 3) (#7)
    by Ben Masel on Fri Feb 01, 2008 at 10:06:12 AM EST
    letting the stinker expire. Remember "when we have a majority this stuff won't reach the floor?"

    Next best, an up or down vote on the House bill. When House jusiciary came up with a unanimous, and much improved, draft of PATRIOT in '02, Hastert showed "backbone," doublecrossed Sensenbrenner and called a vote on the Senate bill first.  

    Devil's in the details (none / 0) (#4)
    by mikecan1978 on Fri Feb 01, 2008 at 09:32:54 AM EST
    We'll see what bill comes out of the Senate.   The the conference commitee will hopefully make it even tougher.

    Slightly OT (none / 0) (#8)
    by cannondaddy on Fri Feb 01, 2008 at 10:39:10 AM EST
    Has Hillary actually submitted her bill to block Bush from pledging our troops to stay in Iraq?  If she has, is it getting support?