The FISA Flop?

There seems to be a split on what is actually going on in Washington with respect to FISA. The ACLU is claiming that Harry Reid and Jay Rockefeller are reasserting the rights of the Congress, but Jane Hamsher's take seems more compelling to me.

The Democrats were ready to give George Bush everything that he wanted on FISA. They used Senate procedure to tank the Judiciary bill, paving the way for the Intelligence Committee bill (negotiated by Jay Rockefeller and the White House) with retroactive immunity for the telecoms. They were all lined up to vote for it save for a few meaningless tweaks; Dodd was going to filibuster but eventually that would end and Bush would get everything he wanted.

The Republicans decided that wasn't enough. They decided they would filibuster the "meaningless tweaks" just to humiliate the Democrats even further, then filed for cloture on the Intelligence Committee bill and scheduled the vote right before the State of the Union address. The Democrats either swallow the Intel bill whole or George Bush gets up there on Monday night and screams about how the Democrats are letting the terrorists win.

The Democrats are now lined up to block cloture on the very bill they were ready to pass yesterday. George Bush will publicly humiliate them for it in the SOTU, and with the Protect America Act ready to sunset on Friday February 1st, the Democrats will either find a way to extend it for another 30 days or give the Republicans everything they want anyway out of fear of being called soft on terrah.

I'd love the Democrats to prove Hamsher wrong. Harry Reid was certainly stringent in remarks to the National Press Club yesterday, saying that the President can either extend the law or "there won't be any wiretapping." And contrary to Jane's remarks, some of those amendments which would pass on a majority vote would have legitimate positive effects. Furthermore, if they wanted to cave anyway, why wouldn't they just fold and pass cloture Monday, which it doesn't look like they'll do?

But it is clear that the Cheney Administration wants a clean bill from the Senate. And while the Democrats appear to be talking tough now, we've seen that change on a dime. So there's ample reason for worry and it's why we have to keep calling our Senators.

UPDATE: Harry Reid writes emails:

Republicans seem to have forgotten that national security is one of the most important issues we address in the Senate. Yesterday, they proved the only thing they care about is politics.

They spent the day filibustering on the Senate floor, preventing Democrats from introducing any amendments to the Foreign Intelligence Surveillance Act (FISA) bill. This means they are blocking an important amendment, which I support, that would make sure phone companies don't receive retroactive immunity.

At the end of the day, Senator McConnell decided he would try and stop debate entirely by filing for cloture. That means if Republicans get 60 votes on Monday, debate on this vital issue will be shut down.

Normally I wouldn't go this deep into Senate procedure, but if you care about your civil liberties and our national security, it is vital you tell your Senators to vote no on cloture Monday by visiting:

http://giveemhellharry.com/fisa

Looking at this situation makes me think the President and Republicans want to fail so they can run and cry to the media that Democrats are weak on national security. That line didn't work in 2006 and it won't work in 2008.

Closing the debate on this bill now is wrong.

Harry Reid is right. He's been wrong in this debate, and I've hammered him. But on this issue, he's right.