Three provisions of the Patriot Act expired at midnight, thanks largely to the
obstinance of Senate Majority Leader Mitch McConnell and his Kentucky colleague, Sen. Rand Paul. McConnell's refusal to consider the USA Freedom Act which reformed NSA programs right after it passed the House created an impasse that Paul exploited, forcing the clock to run out on the programs. It also created a
fundraising opportunity for Paul's presidential campaign, leaving plenty to wonder if Paul cares more about his campaign or the constitution.
That animus toward Paul—in his own party, particularly—led to an embarrassing verbal scuffle on the floor Sunday evening, with Sens. John McCain (R-AZ) and Dan Coats (R-IN) attempting to shut down Paul and keep him from speaking by using up all of the Republican debate time. It also led to Paul's remembering he's a Republican, after all, and doing a little revising of history.
Paul has been caught in a battle with Majority Leader Mitch McConnell (R-Ky.) over how to proceed on the Patriot Act.
But Paul on Sunday blamed President Obama, not McConnell, saying "let's be very clear why we're here. President Obama set this program up."
Just to be very clear, that's bullshit. President Obama's predecessor set this program up. For all Paul's presidential grandstanding and prevarications, he and more thoughtful, committed colleagues like Sens. Ron Wyden (D-OR) and Martin Heinrich (D-NM) achieved the goal of shutting down the bulk collection of phone metadata on all Americans. However this plays out, that program will now be over. (Not that the
NSA is lacking plenty of other programs to cover the gaps.)
The Senate did vote last night, overwhelmingly at 77-17, to move forward with debate on the USA Freedom Act, but there will be amendments. What those amendments are isn't clear right now. It's certain that Sen. Richard Burr (R-NC) will offer up his "compromise" proposal that's anything but a compromise, instead rolling back the few reforms that have been passed on the Patriot Act in the past six years. McConnell is likely going to have set 60-vote thresholds on amendments to prevent ones he doesn't want—like two that Paul has ready—from passing, but that's going to make getting the Burr amendments he does want harder to achieve as well. Any major changes, particularly any trying to roll back the few reforms in the USA Freedom Act, will also be challenging to get through the House.
McConnell sure bungled this one, and made his own life much, much more difficult. He's probably wishing about now that he could roll back time and undo that whole Rand Paul presidential endorsement thing.
