Harry Reid announced today that he will vote against the FISA bill.
"The Senate will soon vote on a FISA bill that represents the final result of negotiations among the White House and Democrats and Republicans in Congress. I opposed the version originally passed by the Senate. And although improvements have been made in the version now before us, this legislation continues to contain provisions that will lead to immunity for the telecommunications companies who cooperated with the Bush Administration’s illegal warrantless wiretapping program.
"For that reason, I will vote no.
More on the flip side.
What’s this? A vestigial spine becoming active? Now if the leader of the Senate has the chops a leader is supposed to have, he will do some serious arm twisting on his Senate brethren and get this POS bill killed.
Although Reid considers the current bill better than the previous version and points out the positive parts of the bill, he still believes the bill is flawed
"This version is better than the bill the Senate passed in February and better than the flawed ‘Protect America Act’ signed by the President last summer:
• This bill now includes Senator Feinstein’s amendment to reaffirm that FISA is the exclusive means by which the executive branch may conduct surveillance. This provision is Congress’s direct response to the strained argument of President Bush’s lawyers that Congress meant to repeal the very clear and specific requirements of FISA when Congress passed the Authorization for the Use of Military Force in Afghanistan. Congress flatly rejects that argument as having no basis.
• This bill includes Sen. Leahy’s important amendment requiring a comprehensive Inspector General review of the President’s program, as well as greater judicial supervision.
• This bill requires the United States Attorney General to develop guidelines to ensure compliance with the Fourth Amendment, and to prevent ‘reverse targeting’ – that is, targeting someone abroad when the real purpose is to acquire the communications of a person in the United States.
• This bill provides for increased Congressional oversight, requiring extensive reporting to the Judiciary and Intelligence Committees about the implementation of the new provisions and their impact on U.S. persons.
• This bill rejects changes to the definition of ‘electronic surveillance,’ a change sought by the administration that could have had unforeseen and far-reaching consequences for FISA’s protections for the privacy of law-abiding Americans.
And this bill ensures that the law expires in four years, requiring the next President and Congress to evaluate its effectiveness.
Despite the 4 year expiration of the bill (in 2012) Reid says there are measures that can be taken prior to that time, that would neutralize or weaken the more odious aspects of the bill.
"Congress should not wait until the 2012 expiration to improve this bill. I will work to ensure that Congress revisits FISA well before 2012, informed by the oversight that will be conducted in the coming months by the Judiciary and Intelligence Committees and by the reports of the Inspectors General.
"Next year, for example, Congress will be required to revisit a number of provisions of the Patriot Act. That may provide a suitable occasion to review the related issues in this FISA bill.
[emphasis mine]
He closes with these comments.
"The bill does not provide any protection for the government officials who designed and authorized this program. It also, of course, does not preclude a challenge to the constitutionality of this legislation in federal district court. ...[snip]..
"The debate on this FISA legislation may be nearing an end, but the history books are yet to be written. Throughout this fight, a small number of lonely voices insisted that there is no contradiction between liberty and security. As new facts have become known, their numbers have swelled and their voices have grown louder.
"I am confident that when all is known, the condemnation for President Bush’s blatant disregard for our Constitution will be deafening. And I hope that because those voices refused to be silenced, the next president – and all future presidents – will not waver from a path that protects the American people without compromising our core American values."
If Reid were up for re-election this year, I wonder if he would be this vocal against the bill. The cynic in me says probably not.