FISA Fight: House Dems--don't do this
by mcjoan
Fri Feb 29, 2008 at 01:15:28 PM PDT
FISA watchers are reading tea leaves into two things: a vague statment by Hoyer on the floor yesterday that there might be something to vote on next week, and a blurb in today's Congress Daily (no link available) hinting about a potential House effort:
To break an impasse over legislation overhauling the Foreign Intelligence Surveillance Act, House Democratic leaders are considering the option of taking up a Senate-passed FISA bill in stages, congressional sources said today. Under the plan, the House would vote separately on the first title of the bill, which authorizes surveillance activities, and then on the bill's second title, which grants retroactive legal immunity to telecommunications companies that aided the Bush administration's warrantless electronic surveillance activities. The two would be recombined, assuming passage of both titles. In this way, Democratic leaders believe they can give an out to lawmakers opposed to the retroactive immunity provision. Republican leadership sources said their caucus would back such a plan because not only would it give Democratic leaders the out they need, it would provide a political win for the GOP. It remains to be seen if such a move will placate liberal Democrats who adamantly oppose giving in to the Bush administration on the immunity issue.
This should be taken with a grain of salt, but at the same time with the recognition that somebody--and it seems pretty darned likely that somebody is Hoyer--is floating some trial balloons about what he wants to happen. According to Politico:
Hoyer may also be feeling pressure from moderate "Blue Dog" Democrats who have been pushing the Democratic leadership to act on FISA before the spring recess, even if it means voting on the Senate bill.
On Wednesday, 20 moderate "Blue Dog" Democrats met with Hoyer to push for a vote on the electronic surveillance measure, according to Congressional Quarterly.
We can assume those are the same Blue Dogs who have been agitating for telco amnesty from the beginning, against all reason. John Salazare is opposed to this bill, and even his potential Republican opponent doesn't want to run on this issue. It makes no sense for them to keep pushing this.
Now it's not at all clear that this is legislative effort is actually happening or whether it's a trial balloon or if it's real. But whatever it is, it would be phenomenally stupid to try to enact. First, the House has already voted on the Senate bill, the Protect AT&T Act, and rejected it. When that happens, you go to conference. When the Republicans refuse to cooperate in conference, you do it without them or table action on the bill.
For once, real Democrats in the House have the upper hand. They don't need to do anything on FISA. They certainly don't need to cave the administration to Protect AT&T.
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