| For those who glaze as the FISA and telecom immunity terms are thrown around, here is some background. I will post a separate diary to put Reid's actions better into context.
What issues are addressed by the FISA bill?
the New York Times in a 12/14/07 editorial writes [brackets are my paraphrases]: [Once disclosed that] Bush had authorized the National Security Agency to eavesdrop on Americans' international phone calls and e-mail messages without a court warrant, [Congress has worked to write a law to]: force the president to obey the 1978 Foreign Intelligence Surveillance Act, or FISA; preserve the power of judges to approve and monitor surveillance of Americans; and update FISA to keep pace with technology.
Why is Harry Reid introducing the bill now? (Again from the NYT) Last summer, Congress gave Mr. Bush a bill that had the needed updates but made it easier to spy on Americans. That law expires in February [2008]. [Some sources say Dems don't want to let the bill sunset (expire).]
What existing bills could Reid bring to the floor to replace the expiring FISA bill? (quotation marks from NYT editorial)
(1) a House bill passed and sent to the Senate that is known as the RESTORE Act "[updating] FISA while [working to] to ensure real judicial and Congressional oversight of any eavesdropping." The House bill offers NO telecom immunity provision, and that's a good thing - do you want your phone company forgiven for illegally wiretapping?.
(2) The SJC bill that offers NO odious telecomm immunity provision but DOES have what the NYT calls a "sensible two-year expiration date" [and far more provisions for oversight], or
(3) (NYT again) "a deeply flawed measure from the Senate Intelligence Committee [engineered by Dick Cheney and Jay Rockefeller] that dangerously expands the government's powers and gives undeserved amnesty to the telecommunications companies." The White House says amnesty is intended to ensure future cooperation but seems truly aimed at making sure the public never learns the extent of the companies' involvement in illegal wiretapping.
Which bill is Reid putting forth?
Well, before you answer, let me tell you more about 1, 2 and 3.
Choice #1, the House-originated RESTORE bill, with NO retroactive telecom immunity provision
Choice #2, the Senate Judiciary Committee, a bill that 14 senators (including all presidential candidates) have urged Reid to bring to the floor in a letter dated December 12th. Letter signators: Russell D. Feingold (D-WI); Christopher J. Dodd (D-CT); Barack Obama (D-IL); Bernard Sanders (I-VT); Robert Menendez (D-NJ); Joseph R. Biden, Jr. (D-DE) ; Sherrod Brown (D-OH); Tom Harkin (D-IA); Benjamin L. Cardin (D-MD); Hillary Rodham Clinton (D-NY) ; Daniel K. Akaka (D-HI); Jim Webb (D-VA) ; Edward M. Kennedy (D-MA); Barbara Boxer (D-CA
Choice #3 is the Senate Intelligence Committee Cheney-Rockefeller engineered bill that SENATOR DODD PLACED A LEGISLATIVE HOLD ON and that DOES let phone companies off the hook for wiretapping (boo, hiss) because it contains retroactive telecom immunity provisions. (A telecom immunity provision prevents prosecution of e.g. your phone company if it illegally wiretapped you without a court order, just because the government asked them to break the law).
Harry Reid has selected Bill #3 the Intelligence Committee bill that includes provisions offering telecom immunity and let the phone companies off the hook for illegal wiretapping of American citizens.
The NY Times again:
Senator Harry Reid, the majority leader, seems intent on doing the president's bidding. That will leave Democratic senators like Christopher Dodd and Russ Feingold in the absurd position of having to stage filibusters against their own party's leadership to try to forestall more harm to civil liberties .
The scenario will probably work something like this:
Unless public outcry can convince him otherwise, it is expected Harry Reid will bring the Senate Intelligence (Cheney-Rockefeller version) the floor as the underlying bill or "base" bill. To make changes requires amendments (60 votes).
It is likely that the SJC bill in its entirety will be offered as an amendment (did you know they could do that? Me neither!). At present, supporters believe there are not 60 votes for this bill.
Word has it that Chris Dodd will also introduce an amendment to strip immunity from the SIC bill that Reid introduces. Again, 60 votes are needed and are not believed present at this writing.
In the end, the SIC (Cheney Rockefeller, Bushco ) version would be the one be left standing after any wrangling.
Absent the necessary 60 votes for an amendment, Dodd will try to stop this bill is via a filibuster. |