Senate Rejects Judiciary Version of FISA Law

(Updated below.)

The Senate has just voted to kill the Judiciary Committee's version of the FISA reauthoization law that excludes retroactive immunity to the telecom companies that illegally wiretapped citizens at the request of the Bush administration. The vote was 60-34.

There were immediate requests for amendments to be attached to the Intelligence Committee version by Senators Feingold and Rockefeller. Senator Dodd wanted to weigh in as well and there was an obection by Mitch McConnell.

I guess it's time for Chris Dodd to do some filibustering.

UPDATE: Feingold was interviewed by Huffington Post and disagreed with Reid on his initial procedure. But Reid says, "Senators Dodd and Feingold will seek to strike the immunity title entirely. I oppose immunity, and will support their amendment," said Reid. "If this amendment is not adopted, there will be other amendments to limit the immunity provisions in the Intelligence bill... As I have said before, if there are senators who don't like these amendments and think they should be subjected to 60-vote thresholds, these senators are going to have to engage in an old-fashioned filibuster."

By the end of Thursday debate had been postponed to Monday, after Senate Minority Leader Mitch McConnell moved for a vote on cloture on the Intelligence committee version and Reid objected.

WTF, Harry Reid?!

(Updated below)

Listed among Senator Harry Reid's accomplishments is his boxing past when he was a young man. Well, it looks like any fight Reid had left in him remained in the boxing ring all those years ago because he has done nothing but capitulate and kowtow to the Republican minority since becoming Senate Majority "Leader."

The latest insult comes in the form of Reid's insistance that the current FISA bill up for consideration including telecom immunity of the illegal wiretapping that was done on the behalf of the Bush administration, be finished this week, and threatening that filibustering the bill would be a true filibuster. Not like when he licks the boots of Senate Minority Leader Mitch McConnell whenever he threatens a 60 vote majority or filibuster to almost every single bill to which the Republicans are opposed. If that's the case, then Reid just whines and moans and gives in anyway.

Glenn Greenwald: That is what Democrats have been urging Reid to do to the filibustering Republicans all year -- in order to dramatize their obstructionism -- but he has refused to make them actually filibuster anything, generously agreeing instead that every bill requires 60 votes. Instead, he reserves such punishment only for the members of his own caucus trying to take a stand for the rule of law and the Constitution, those who are trying finally to bring some accountability to this administration.

This bill more than any other in recent history puts the country at a Constitutional crossroads. If the telecom industries receive retroactive immunity for illegal eavesdropping at the behest of George W. Bush, it will destroy any chance of investigation and accountability of this corrupt White House and deny any US citizen their fourth amendment rights.

While on the Senate floor, Reid warned against filibustering the bill on the false argument that the current bill will expire on February 1st (there's no chance of the new bill passing so quickly) and due to scheduling, Congress is going to recess again and no one wants to miss their retreats.

Aww, poor Congressional leaders...

Hopefully Chris Dodd will ignore the warnings and come to the rescue again. We'll soon find out.

UPDATE (1/23): C&L - Sen. Chris Dodd is coming out to demand that the retroactive immunity be stripped from the FISA bill, no thanks to Harry Reid. It’s a little confusing, but from what I gather this is NOT the filibuster but will lead up to the filibuster tomorrow.

Meanwhile Reid stated that the true filibuster threat he made was directed at Republicans over a 60 vote majority, not to his Democratic allies, which seems unlikely. He probably received tons of emails and calls saying, "Senator Reid, with all dur respect, What The Fuck?!

UPDATE III (1/24): Kos - Dodd will filibuster if necessary - " If after debate, the Senate appears ready to pass legislation granting telecom providers retroactive immunity I will use any and all legislative tools at my disposal, including a filibuster, to prevent this deeply flawed bill from becoming law. More and more, Americans are rejecting the false choice that has come to define this administration: security or liberty, but never, ever both. For all those who have stood with me throughout this fight, I pledge, once more, to stand up for you."

Iowa Chooses Obama And Huckabee

The country, or at least Iowa, wants change. Barack Obama took the Iowa Caucuses handily with 38% of the vote.

Here's the breakdown:

Obama 38%
Edwards 30%
Clinton 29%
Richardson 2%
Biden 1%
Dodd 0%
Gravel 0%
Kucinich 0%

Soon after, Biden, Dodd and Gravel have all announced that they were dropping out of the race.

Obama: “They said this day would never come. They said our sights were set too high. They said this country was too divided, too disillusioned, to come together over a common purpose. You have done what the cynics said you couldn’t do. You have done what the state of New Hampshire can do in five days. You have done what America can do in this new year, 2008. We are one nation, we are one people, and the time for change has come.”

Edwards: “The one thing that’s clear with the results in Iowa tonight is the status quo lost and change won.”

Clinton: “We are going to have change, and that change is going to be a Democratic president in the White House in 2009.”

Clinton's quote was a response to the overwhelming numbers of registered Democratic voters that came out. MSNBC was just reporting 236,000+ voters (80% Dems) and counting turned out for the Democratic Caucus; over 100,000 more than in 2004 and more than twice the amount that came out to vote for Republicans.

On the Republican side, Huckabee easily kicked Romney in the magic underpants. Here's how it breaks down on the GOP side with 86% of the precincts reporting as of this writing:

Schmuckabee 34%
HAL-9000 26%
Frederick of Hollywood 13%
Maverick McStraight Talk 13%
Ron "Read My Lips, No Taxes Period" Paul 10%
Ghouliani 4%
Duncan "Why Am I Still Running?" Hunter 0%

Huckabee: "A new day is needed in American politics, just like a new day is needed in American government... It starts here, but it doesn't end here. It goes all the way through the other states and ends at 1600 Pennsylvania Avenue."

I do kid, but it really is an historic moment when you stop and think that Democrats in Iowa, with a population that is 97% caucasian, voted for a man of color as their choice to lead the country. Talk about an about face for the staus quo!

Could this really be the start of something big? The turning of the page? Who knows what is going to happen in the weeks and months to come and how this will all play out?

As Arianna Huffington wrote: "...this moment may not last. But, for tonight, I am going to savor it -- and cross my fingers that it may stand as the day that fear as a winning political tactic died. Killed by an "unlikely" candidate -- as Obama called himself again and again -- who seized the moment, and reminded America of its youth and the optimism it longs to recapture. "

UPDATE: Gravel Still In The Race

Commenter Dan brought this to my attention:

MSNBC pundit Keith Olbermann has incorrectly declared that Sen. Gravel has dropped out of the race following the January third caucus in Iowa. This is not true, and Sen. Gravel is still an active member in this race. We are requesting that MSNBC and Keith Olbermann retract their statement, and issue an apology to the campaign for promoting blatantly false misinformation.

Again, Sen. Gravel has not dissolved his campaign, and has no intentions of doing so.

I would expect a retraction if this is true and according to the Gravel website, it is. But the language is a little harsh, don't you think? "Promoting blatantly false MISinformation?" I'll let that one slide. It's not like Olbermann is the tool of the Republican devil, and with all due respect to Sen. Gravel, it's been over for him for a while now.

Dodd Delays Telcom Amnesty FISA Bill

Finally, a politician with the balls to do what's right and follow through on what he promised.

From ChrisDodd.com: Majority Leader Harry Reid has just pulled the FISA bill from consideration in this session. It will be brought up at some point next month.
Without Senator Dodd's leadership today, it is safe to assume that retroactive immunity would have passed.
This is a great victory for the American people. His outspoken opposition to retroactive immunity and the Intelligence Committee's FISA bill made it impossible to move forward now. From a process standpoint, that took the persistent shadow of a Dodd filibuster on this legislative process, a "hold" against any legislation that included retroactive immunity, and today, a refusal to grant unanimous consent to rules of debate that would have made it harder to strip retroactive immunity from the Intel Committee's bill through the Dodd-Feingold Amendment. He brought along some of the Senate's most passionate voices -- Senator's Feingold, Kennedy, Boxer, Wyden, Brown and Bill Nelson joined him to stand up to the President today.

Clinton, Obama and Biden, all of whom said they supported Chris Dodd and his filibuster, did not take the time to return to DC from the campaign trail in Iowa to help Dodd in his fight against giving retroactive immunity to telecom companies that aided and abetted in the illegal wiretapping of American citizens by the Bush administration.

Here's Dodd's FISA speech on the Senate floor today.

Senator Kennedy: "Voting for amnesty would be a vote for silence, secrecy, and illegality... The President has said that American lives will be sacrificed if Congress does not change FISA, but he has also said that he will VETO any FISA bill that does not grant retroactive immunity. No immunity? No FISA bill.

So if we take the President at his word he is willing to let Americans die to protect the phone companies!"

Who's Got The Goods On Harry Reid?

Reid Blows It Again - Chris Dodd Tries To Save It

This is amazing. For all the hot air that Harry Reid has expelled in ensuring that amnesty to the telecom companies that helped the Dark Empire spy on us illegally will not be tolerated, he has chosen to bring to the floor, a version of the FISA bill that does just that.

Gleen Greenwald writes about it on his Salon.com blog:

The summarized version is that there were two competing bills which Reid could have brought to the floor -- the Senate Intelligence Committee version engineered by Jay Rockefeller and Dick Cheney which gives the administration most of what it wants, and the Senate Judiciary Committee, which does not contain telecom amnesty and contains far more extensive oversight protections. Reid could have brought the bill to the floor using whatever process he wanted, and he has decided -- contrary to weeks of assurances -- that the SIC bill will serve as the "base" bill, meaning that improving it (by removing amnesty and increasing oversight) will require 60 votes, rendering such efforts virtually impossible. In doing so, Reid is brazenly ignoring the demands of 14 Senators -- including all of the Democratic presidential candidates -- to have the Judiciary Committee bill be the base bill.

Worse still, Reid is completely disregarding the "hold" placed by Chris Dodd on any amnesty bill -- simply refusing to honor it, even as he respectfully honors literally scores of "holds" from GOP Senators such as Tom Coburn. And while Dodd is interrupting his campaigning to fly to Washington to lead the filibuster he vowed, Reid has ensured with scheduling manuevers that the filibuster will take place only over the weekend -- when all of the members are away raising money anyway and journalists aren't paying attention -- with the intent to try to force cloture once everyone returns on Monday.

...This isn't a case where they are trying to oppose Bush's demands on telecom amnesty and warrantless surveillance powers but are sadly thwarted by a lack of votes. Rather, Harry Reid is doing everything he can to thwart those who are attempting to impede Bush's demands and thus doing everything he can to ensure that the White House is liberated from the prospect of accountability for past lawbreaking and vested with vast, new eavesdropping powers with as little oversight as possible...

...even [Senate Minority Leader Mitch] McConnell might lack the audacity to simply run roughshod over Dodd's hold, as Reid is apparently doing -- while treating Tom Coburn's holds as sacred.

What the hell is going on? Why is Reid pulling out every trick in the book to try and prevent his own party member from filibustering what he considers a flawed bill and not honoring Dodd's hold?

Who's got the goods on Harry Reid?

Crooks & Liars reports that Senators Feingold and Kennedy will help Dodd filibuster by asking questions to let Dodd rest.

UPDATE (12/17):

Reid's office was reportedly inundated with phone calls and messages from citizens who did not want Congress to allow immunity to telecoms, before their actions have even been detailed in a court of law. The heat seemed to have stirred Reid, who later in the day indicated that he would actually bring both versions of the FISA bill up for a vote.

...But both bills coming up appears to presage a showdown: a promised Democratic filibuster to keep the telcom immunity provision out, versus an apparent Republican filibuster to keep it in.

Would a sixty-vote Senate be able to pass either bill?

Democratic Cojones

Let's See If It Holds...

Senate Republicans on Friday blocked a $50 billion bill by Democrats that would have paid for several months of combat but also would have ordered troop withdrawals from Iraq to begin within 30 days. The measure, narrowly passed this week by the House, also would have set a goal of ending combat in December 2008.

Now, Democratic leaders say they won't send President Bush a war spending bill this year. They calculate the military has enough money to run through mid-February.

...Sen. Christopher Dodd was the lone Democrat opposing [the bill] because he said it did not go far enough to end the war. Other Democrats, including Sen. Russ Feingold of Wisconsin, said they too opposed the bill as too soft but that they supported advancing debate.

Now let's see if Reid and Pelosi will have the Democratic balls to stick to their plan of not bringing up any legislation to fund the occupation before the new year. I seriously hope they realize that they should finally side with the 76% of the population that rejects President Bush, his folly and the Republican agenda.

Habeas Corpus Mortuus

This is shameful. 44 United States Senators have voted against restoring "The Great Writ" that spans back at least 700 years.

For a complete list of those who failed to uphold their oath to defend the Constitution, click here. But just to be clear, of the 44 Senators, 43 are Republican, and one claims to be an Independent.

Here's Chris Dodd making a statement before the vote:

Here's what Dodd said after the vote:

“America’s moral standing, and with it the security of the United States, suffered another setback today, atop a pile of setbacks that has accumulated over the past six years. The outcome of this vote is both symbolic and tragic. Each of us in the Senate faced a decision either to cast a vote in favor of helping to restore America’s reputation in the world, or to help dig deeper the hole of utter disrespect for the rule of law that the Bush Administration has created. Unfortunately, too many of my colleagues chose the latter, and my disappointment runs deep. But I will not rest my case with this vote. Instead, this defeat will only deepen my resolve to restore the rule of law and with it American security, for far too much is at stake - for every American - to simply give up the fight.”

Start making those calls and writing those emails.