The McConnell Gambit Will Fail

Arlen Specter is on the floor of the Senate right now announcing that he will vote against cloture on the FISA bill. I think that pretty much does it. Without Specter and with McCain in Florida, and with Rockefeller flipping and announcing to vote against his own bill, I don't see how the Republicans get to 60.

This is the result of a lot of hard work from the progressive movement, an unending stream of calls, faxes and emails in defense of the Constitution and the rule of law.

Of course, this is the beginning of the fight. It's looking like the terrible Protect America Act will expire on Friday, and here's where you have to be crystal clear.

FISA does not expire on Friday. Only the Protect America Act, which amended FISA by increasing the President's powers, expires.

FISA -- which was passed in 1977 and amended multiple times since, including after 9/11 -- continues in full force and effect even if the PAA expires.

If I were Harry Reid I wouldn't bring up anything else other than a technical fix allowing surveillance of overseas targets if the switch comes through the United States. That's it.