Now is the time to pivot onto "Citizen wiretapping" using; trust Bush? in the larger accountability frame. Americans don't trust Bush on wiretapping, this can be won.
Prove the administration is not wiretapping Americans. There is no current oversight. Prove that the IRS is not using wiretap info to prosecute tax evasion. Prove Rove has not used wiretapping against the Democrats. Democrats must provide the proof: it is called OVERSIGHT.
First, Harry Reid only promised action against the NSA bill. See
Greenwald talks NSA to Reid.
"Sen. Reid stated flatly and unequivocally -- and I'm paraphrasing -- that the Specter bill was not going anywhere, that it would not be enacted."
"... Sen. Reid explained that our system does not allow every bill to be enacted simply because a majority supports it, that Senate rules allow minority rights to be protected, clearly alluding to a filibuster. Indeed, as part of that vow, Sen. Reid specifically referenced the fact that in the Senate, one does not need 50%, but only 40%, to block the enactment of a bill. He explained that rule existed to protect minority rights. When I asked him expressly whether the Democrats are committed to filibustering the Specter bill if doing so is necessary to defeat it, he said he thought that would not be necessary, but repeated that they would make sure the Specter bill did not become law. He was unequivocal about that a second time."
Second, the NSA is the bill that will resonate with Americans. I can tell you the soft middle and the right don't really give shit about torture (sad, but true). But they do give a shit about wiretapping.
Finally, did anyone think torture was going to turn out as a win for Democrats? Even if they forced the issue? It is an era of one party bi-partisanship. It has been framed from 9/11 as an "us against them" fight. Did anyone think that after five years framing the public mood would be an overwhelming disgust over continuous numbing? It was a no win the moment negotiations were between republicans only.
This is where Reids tacit promise of a filibuster on Specter's bill could pay off. If both are tied together they can both be knocked out.
That just leaves the "framing" of the defeat. "This Republican Congress has not only performed no oversight duty, they have authorized every Bush administration failure to date. They have given congressional failure a new name, and they have also given torture and domestic spying new names".
Let's give the Dem Senators a chance on hitting back over wiretapping. This fight may not even be close to over.