Jul 9th, 2008
Posted by Amanda Simon, ACLU at 12:14pm	National Security

FISA Vote, or How I Lost Complete Faith in Our Legislative Branch

Today's the day, folks. Start dialing your international calls now while you still have some assurance of privacy.

Reid came on the floor and set up the rules. Debate will continue then votes on the amendments — Dodd, then Specter, then Bingaman.

Senator McConnell: "Blah blah blah compromise blah blah blah thanks to Bond's leadership blah blah blah…"

Then Bond spoke, saying that the Senate Select Committee on Intelligence was created as and should be the only vehicle for oversight. May I say, you've not done a great job, sir. Even Rockefeller, whose capitulation on immunity is insane, thought the program was out of line and went so far as to keep a sealed letter in his desk disavowing it. And look where we are now. Bond also called out "far left editorial writers." Wink, wink NYT!

Hatch followed Bond and attempted to rebut points made on the floor yesterday while also tearing down those who have suits against the phone companies. He argued that no one in the government has the time or inclination to monitor random domestic phone calls. Well, whether they have the time or inclination they're about to get the ability to do so, so thanks.

Hatch also repeated Bond's strange and likely baseless argument that, if the lawsuits go forward, phone companies will suffer consequences including possible physical threat to their employees. Can someone explain that to me? Who is circulating that talking point? What the hell is going on?

Feingold on Hatch's remarks that the majority of the Senate being in the dark on the specifics of the program: "Wow." He smacked down Hatch's condescending remark that it's the "black helicopter crowd" that is concerned with this saying, "It could not be clearer that this program broke the law and this president broke the law."

Feingold's walked us through the history of this issue, starting before the New York Times broke the story. (Here's a little history lesson from the ACLU.) He brought up that old Authorization to Use Military Force (AUMF) story. You know, the one where the administration claimed Congress gave it the go ahead to wiretap without warrants when it passed the AUMF? That should have been another red flag that this administration is crazy-go-nuts for ridiculous legal interpretations. (BTW, here's an old and fantastic story on TPM that I just found — check the date on that baby.) Then the administration was all, "No, no, no. The president's got Article II authority." Wasn't it clear when it was scrambling for prior legal cover that the administration knew it was caught with its hand in the cookie jar?

Feingold also said that, as a member of the Intel committee, he's seen all the documents and has been read into the program and, "members of this body will regret we passed this legislation." If only that would resonate…

Leahy is Leahy and I love him. Oh my goodness, I love him.

Specter followed Leahy and said passing this law without knowing the full details of the program is like buying a pig in a poke. It's been a while since I've heard that and he's right. It can't be said enough that senators are voting on something that the majority of them have little or no context for. Once this bill passes and these amendments are voted down, it's done. DONE. Everything you always wanted to know about the president's domestic spying program will remain a mystery.

Senator Sanders just took to the floor and spoke for less than a minute but said everything that needed to be said. We're all for finding terrorists and preventing attacks but we must remain within the bounds of the Constitution. Sanders out.

Since votes came up quicker than I can type, I'll quickly summarize:

1. Bingaman speaks on his amendment.
2. Dodd is up — he had a great line thanking the blogs, advocates and private citizens who have inserted themselves into the debate saying, "Not one of them had to be involved but they chose to be." Awwww.
3. Rockefeller spoke and bizarrely called it a farce that the administration was claiming that, right after the story broke, "Congress had been briefed" when in reality only four members had been. Strange line to draw when the vast — VAST — majority of members still haven't been fully briefed.
4. Cantwell was next and wisely the point the language of the bill is written so vaguely that it will allow for the "broad expansion of authority to conduct domestic surveillance."
5. Then Nelson, another member of the Intel committee who has been fully briefed, reiterated that he is against blanket immunity and offered an amendment against it in committee.
6. Bond spoke again and made some snarky comment about briefing the New York Times with sensitive material. Sigh.
7. Dodd followed with a last-minute plea for his amendment. It didn't work. The Dodd amendment failed, 32-66.
8. Specter followed with a last-minute plea for his amendment. It didn't work. The Specter amendment failed, 37-61
9. Bingaman followed with a last-minute plea for his amendment. It didn't work. The Bingaman amendment failed, 42-56

Final passage will be around 2 or 2:15. Stay tuned and don't do anything foolish in the meantime. We'll get through this.

Update: After the amendments were effectively killed – along with any possible hope of court review of the president’s illegal and unconstitutional domestic spying program (can’t say that enough) – the votes for final passage were counted.

The votes were cast and so was the die. Final count: 69 to 28.

I can only say it’s been emotional. This isn’t the last you’ll be hearing from the ACLU on this subject — in fact, far from it. Keep an eye on this space for our continued and tireless work protecting the Fourth Amendment (and all the other ones, too, come to think of it).

Permalink |	National Security

Tags: fisa

1. Anonymous Says:
   Jul 9th, 2008 at 1:42pm

   Thank you ACLU for defending the Constitution of the United States of America.

2. Harold Rex Says:
   Jul 9th, 2008 at 2:10pm

   I guess we'll have to do with a weakened 4th amendment for a while. Meantime let's get behind the second. We shouldn't need permits to purchase or carry arms any more than to speak or write. What are we going to do for the cause of liberty on that score?

3. Bonnie Says:
   Jul 9th, 2008 at 2:29pm

   This has been a blow to me. Never have I felt so disgusted with Democrats. We don't have a majority, we have only a handful that had the moral fortitude to vote and fight against this. We have, what was supposed to be our best candidate, but he took no leadership and gave approval to this president to break the law and not uphold the fourth amendment. I'm one less Precinct Captain in Michigan and one less donor.

4. Jason Says:
   Jul 9th, 2008 at 2:52pm

   Everyone R, D & I who voted for this in the Senate should be voted out as soon as their term is up. I cannot belive this has happened, this is the fruit of the poison tree.

5. Susan Meehan Says:
   Jul 9th, 2008 at 3:41pm

   I'd like to know the name of everyone who voted for that miserable bill. I will contact everyone who voted for it and tell them I intend to help make sure they don't get re-elected.

   Two of the reasons for opposing the reign of George III, as written in the Declaration of Independence are:

   " For depriving is many cases of the benefit of Trial by Jury" and
   "For takking away our Charters. abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments".

   These points are as critically important today as they were 233 years ago. Please let us know which Senators voted for this bill. For shame on them!

6. Steve Says:
   Jul 9th, 2008 at 3:45pm

   Cases like this are why I'll be voting third party this year. It seems pretty obvious to me that the leadership of both the Democrats and Republicans is bent on diminishing the limitations that the Constitution very clearly places on the powers of our government. This is just the latest of a series of ill-conceived acts of Congress and the Executive, that anyone who's paying attention has been concerned about for some time. Best of luck to the ACLU on this case.

7. Susan Hayward Says:
   Jul 9th, 2008 at 4:40pm

   Through my wiretap, they are publishing everything I write online (which goes directly to their server), say within my home and telephone, and monitor what I'm watching on tv. As crazy as this sounds, it's the truth. How can I get them to stop? Wjere
   s the warrant and how do I get a copy?
   It's one thing to listen, quite another to publicly humiliate me any way they can. My tv serves as a viewing screen for them, and they just broke in my home again for the upteenth time to play with coax wires. There is no limit to the dirty tricks the Bush Administration has done in my case. God help us all. What Constitution?

8. Bruce Says:
   Jul 9th, 2008 at 4:47pm

   Nixon breaks the law, wiretaps, and gets run out of office. Bush breaks the law, wiretaps, and gets a bill giving him a pass. Bush cant even calm war powers at that time. This wasent even done in the middle of the night like the repubicans did during their control, it was done in the light of day, with public officals thumping their collective chest for the Alpha male in the White House. Bush cant cover his unconstational abuse of power any other way than to have the rest of the government look the other way while passing a bill. If there is any way the ACLU, once Bush's pen leaves the bill signing it into law, to sue on grounds of unconstational grounds then file it.

9. nina Says:
   Jul 9th, 2008 at 5:16pm

   You would think the people who had been fully briefed on the FISA bill would have been listened to by the others that had not been fully briefed.

   It goes to show that eveyone who voted for this is in the pockets of big telecom and corporations and cannot be trusted to protect the constitution or the american people.

   I think when everyone starts to be affected by the taking away of their rights is when people will wake up.

   the american public do not even know what rights they are entitled to so when one right is taken away apparently they do not even care.

   very sad. try to educate everyone you know, thats all we can do.

10. CLYDE Says:
    Jul 9th, 2008 at 5:30pm

    Let me tell you a Fact that a old timer once told me.

    "Mine & your Granddaddy didn't have nothing to help or protect them." (Sounds like the early 1930's)
    "Then our daddy's came along & fought hard to make a better America for their children."
    ....."But The Next Generation ain't gonna ask for what They Want, They are just gonna Take It !"

    All this I see coming true. When the baby-boomers, which were a lot of the L.S.D.-orgy-hippies that have now grown old & turned out now to be Bible Thumping Hypocrites that are worst than the parents they rebelled against in the 60's start thinking they will retire or if they wind up in a nursing home, This Next Generation will strangle them to death with leaving this country in all this debt & chaos.

    "America promotes a Nation of UnderAchievers !"

    The Next Generation are not lost on this
    fact.
    They grew up hearing their parents say:
    "Tune In, Turn On, & Drop Out!"

    It just has a little different meaning in 2008.It just has a little different meaning in 2008.

11. anyfreeman Says:
    Jul 9th, 2008 at 6:02pm

    Now the battle is joined. This act of arrogance shall not stand. The blow-dried well-fed congressional sheep will be shorn and turned out to pasture.

    This unconstitutional excess will earn rebuke and revocation. We must fight to learn the extent and contents of the spying, and stop it now and forever.

    Tyrants tools are no match for the will of the pissed off populace.

12. HypocrisyPosse Says:
    Jul 9th, 2008 at 6:15pm

    "Off with their heads!"
    -- Queen of Hearts, "Alice in Wonderland"

    "Immunity for telecoms is absolutely essential; after all they haven't done anything illegal."
    -- Orrin Hatch, former Judiciary Comm. Chair, "Orrin Hatch in Wonderland"

    "You're doin' a great job, W!"
    -- Michael Brown, former FEMA head

    "You want the Truth? You can't handle the Truth!"
    -- Bush administration to 70 Senators never briefed on NSA domestic spying program

13. I now realize how important you are Says:
    Jul 9th, 2008 at 6:19pm

    It's a realization which has been growing on me. Yes, there're all sorts of great blogs and sites out there raising up the conversation level and opposing the crooks. But you took action. Donation will follow.

14. FreedomFriend Says:
    Jul 9th, 2008 at 6:34pm

    "Specter followed Leahy and said passing this law without knowing the full details of the program is like buying a pig in a poke."

    Yes, and then in typical Specter fashion...he voted for the bill. *smacks forehead*

    It's usually an evening beer. Tonight it's time to hit the liquor.

15. Jerry Says:
    Jul 9th, 2008 at 7:18pm

    Why aren't we asking why the FISA Court is no longer a valid body of individuals to inspect and issue these warrants? I am not so sure that ACLU is just as bad as the Press and the Monarchy on this. Can someone please tell me what the argument is against the FISA Court? I don't want to hear a bunch of BS either!!

16. Kevin Says:
    Jul 9th, 2008 at 7:22pm

    Naomi Wolf was right, This is the End of America. Such a disgraceful bill passed by craven politicians. Good day to join the ACLU though.

17. Disappointed!! Says:
    Jul 9th, 2008 at 7:27pm

    Our entire federal "government" presidents, and congresspeople ought to be ashamed of their squandering of our Constitution that they were sworn to uphold. Can we charge them all with perjury, because clearly they didn't mean it when they took that oath.

18. Bill Says:
    Jul 9th, 2008 at 7:56pm

    Thank God (whoever, Providence, FSM) for the ACLU. This is freaking heartbreaking, but we are still here. Hey Mukasey, you reading this? We are still here, and you can get bent. Go back to the clubhouse and tell Alberto and Ashcroft and Meese and freaking J. Edgar Hoover that WE ARE STILL HERE.

    But I was saying, thank you, ACLU. We definitely need to nationalize this movement. I'm not a pawn in some monarchy or a surf on a manor, and I'm sure as hell not a tool in the American Empire under his blessed ignorance George Bush the Second. Today, Iran test launched missiles and we said we'd put missiles in Eastern Europe - are we really any different from the Hapsburgs? Well, maybe all our "Rulers" are inbred and retarded too.

    I'm tired of it.

    I thought Code Pink was a little to "in your face" maybe they've got the right idea.

19. Ian Says:
    Jul 9th, 2008 at 9:44pm

    wow just wow. I am a high school civics teacher that has to explian the importance of the Costitution, and than this nonsense. wow. Just joined the ACLU because of it, 2 mins ago. Keep on fighting for our rights. God save the Constitution!

20. James Dittrich Says:
    Jul 9th, 2008 at 10:11pm

    Addressing Bonnie and Susan's comments above, you can find where your Senators stand here:

    senate.gov/legislative/LIS/roll_call_lists/roll_call_vote _cfm.cfm?congress=110&session=2&vote=00168

    Thank you Sherrod Brown (D-OH), for standing up for the Constitution. Shame on you George Voinovich (R-OH), for tidying up Dubya's messes.

21. Rita Says:
    Jul 9th, 2008 at 10:24pm

    I feel cut to the quick, and sick at heart over the Senate's capitulation on FISA. The ACLU brings the only glimmer of hope right now. I feel absolutely betrayed, and in shock. This cowardly, absurd, and unconscionable FISA ruling is a fresh wound to the American people. I can't believe the Senate has fallen so low. I am broken hearted as to the dire state of my country and the broken, ineffective, government that goes to these lengths to dishonor themselves and our Constitution. This is a dark day in America, and I am in mourning.

22. Pat in San Diego Says:
    Jul 9th, 2008 at 11:25pm

    Thank you ACLU.
    Today is a very dark day for the nation. I am outraged and depressed. I agree with other posters here that we need to go after all the traitors in Congress. ACLU could start by printing their names for all to see. If you do ads explaining the dastardly deed that has been done, then please also post the names of ALL the traitors in Congress who voted for it. This would be a magnificent ad, especially if you describe carefully how this bill was an enabling act, obstruction of justice, defilement of the Fourth Amendment, an affront to the Constitution and to the independence of the 3 branches of government, an attack on the judicial branch by the Legislative and executive branch.
    Thank you, ACLU.

23. DarKnight Says:
    Jul 10th, 2008 at 12:25am

    Its time to convene a new Continental Congress. With the suspension of habeus corpus and now the violation of the 4th Amendment with the Illegal Wiretaps, US Citizens have no choice for it is now obvious that Congress is no longer interested in protecting the Constitutional Rights of their constituents, but rather, the Congressmen and women are more interested in lobbyists and their interests.

    Rather than vote for a third party, start a grass roots effort to convene a new Continental Congress. The Time is Now or Never to protect your Rights.

24. Tom Says:
    Jul 10th, 2008 at 7:44am

    I think it is a good idea to list the names of all the senators who voted to destroy our 4th Amendment Rights in the newspaper add. Let's make sure the ones that are running for reelection in November are toast. They all swore an oath to defend the Constitution not destroy it!

25. Anonymous Says:
    Jul 10th, 2008 at 8:16am

    Gross. I feel sick that we have reduced ourselves to such a disturbing bill that allows the trampling of the fourth amendment rights. Thank you ACLU for continuing the fight! Id like to know WHY Barack voted for it. I know that he tried to strip the immunity from the bill but still to vote for it is uncalled for.

26. MAKAAINA Says:
    Jul 10th, 2008 at 11:22am

    This is like a bad dream that one cannot wake up from.

    The more things change, the more they stay the same.

    Thanks ACLU.

    We either need a legal penalty for violating the oath of office for BOTH Congress and the President, or get Congress a rubber stamp that says, "I don't agree with the President, in fact I vehemently disagree with him, but I haven't got the guts to vote for the Constitution and against Him. I vote with the President".

27. Edward Sullivan Says:
    Jul 10th, 2008 at 12:11pm

    Profiles in Cowardice:

    Senate Votes on H.R. 6304 (Foreign Intelligence Surveillance Act of 1978 )

    senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm .cfm?congress=110&session=2&vote=00168#position

28. Cambio Increible Says:
    Jul 10th, 2008 at 12:35pm

    Amanda manages to give a blow-by-blow of the vote singling out particular Senators for praise or criticism, yet never mentions the one who went back on his word and threw away any basis for trusting him. Change of Mind You'd Better Believe In. Or were you censored, Amanda?

29. Zach Says:
    Jul 10th, 2008 at 1:32pm

    I wish I could do more, donate, something, anything. I'm living out of the back of my car right now and on friends' couches. So I just want you guys to know, more people are behind you than you think.

30. Joel Rosenberg Says:
    Jul 10th, 2008 at 1:37pm

    I can only say it’s been emotional. This isn’t the last you’ll be hearing from the ACLU on this subject — in fact, far from it. Keep an eye on this space for our continued and tireless work protecting the Fourth Amendment (and all the other ones, too, come to think of it).

    I was so happy to read that. Up until now, the ACLU has not only not tried to protect the Second Amendment, but has tried and failed to help sabotage it.

    This change of policy is most welcome; when will we see it implemented?

31. Andrew Says:
    Jul 10th, 2008 at 11:45pm

    I'm going abroad next semester. I am very frightened by this ruling, I'm frightened that this country has elected these people. I'm 20 and I'm already disillusioned enough. I just really cannot believe this. This is horrifying. If the 4th amendment is eviscerated, whats next? the 1st? How can any of those senators sleep at night. I agree with one of the above posts: its time for a revolution.

32. Suzanne Ito, ACLU Says:
    Jul 11th, 2008 at 10:09am

    Many of you have left comments to this and other blog posts expressing your dissatisfaction with the way some Senators voted on this FISA bill. Unfortunately, we can't publish some of those comments because we need to protect our Section 501(c)(3) status. As a Section 501(c)(3), we may not endorse or oppose candidates for elective office. That means we cannot host comments on our site that show a preference for or against one candidate or party. Although we in no way wish to discourage you from that activity elsewhere, we ask that you not engage in that activity on our website (or include links to other websites that do so).

    You might have noticed that we have some strong words for many Senators who voted both for and against the FISA bill. Activities performed as elected officials of the Senate, not as candidates for reelection and that do not discuss candidacies or the election, generally are fair game for both praise and criticism.

33. LU Says:
    Jul 14th, 2008 at 6:18am

    First time visiting here, and am blown away by the rules for posting. Limitations on what you write and no links to other websites. The ACLU --supposed defender of freedoms restricting speech on their own website. Before going after anyone figure out a way around the non profit regulations. It should be perfectly acceptable to post a disclaimer that the postings are not necessarily the positions held by the ACLU but are the opinions of the one posting. I would never make a donation to an organization that is supposed to be defending freedoms and does not allow free speech on its own web site.

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