FISA Part III: Democratic complicity

This is Part III, read Part I here and Part II here

America elected a new Congress in 2006. It was an overwhelming landslide victory for the Democrats. The country voted for Democrats because they wanted change. They wanted the Democrats to steer a different course. They elected a democratic majority to stand up to the Bush Administration and the Republicans.

Unfortunately, we've been saddled with ineffective, weak-willed leaders during this critical time of our nation's history. Harry Reid, as Senate Majority Leader, only had a majority by the hairs on Joe Lieberman's chin. Nancy Pelosi, Speaker of the House, had legion of conservative "Blue-Dog" Democrats as a part of our majority.

In the Senate, the Republicans strategy has been to block absolutely everyone with which they disagree. From non-binding resolutions to bills, they have filibustered hundreds of times. Actually, to be accurate, they have only filibustered once.

There is a gentleman's agreement in the Senate by which nobody has to actually filibuster anything. All they have to do is threaten to. Under this agreement the issue is forced to a vote of cloture. If Reid cannot muster 60 votes, the issue is dead. Rather than force the Republicans to actually hold up the business of the Senate, to actually filibuster issue after issue, Reid has allowed the minority party to control the Senate.

Imagine, if you will, that a stronger Majority Leader had forced the Republicans to actually filibuster absolutely every time they threatened. Do you think they'd have blocked as many things as they have?

Speaker Pelosi has done little better. The Blue-Dog Dems (or Bush Dog Dems) have led her around by the chin. The regurgitate conservative talking points constantly and are so perpetually frightened of whatever Republican talking points are circulating that for the most part Pelosi doesn't actually have a majority. Then again, maybe they don't believe in the principles that the Democratic Party stands for.

In this environment the Bush Administration demanded that FISA be gutted in August of 2007.

Their strategy was twofold: spread lies about a possible imminent attack; push it through without any chance for examination just before the August recess. It worked. The vast majority in Congress never read let alone even perused the bill. They just took Pelosi and Reid's word on it.

There are two examples in Minnesota I want to examine. Sen. Amy Klobuchar and Rep. Tim Walz. Both voted for the bill. Both later claimed that they would not vote for a permanent version of this bill. Klobuchar refused to characterize it as a mistake when I spoke to her.

She did say it is not something she will vote for in the long term, and that the version she did vote for could have been better. Also, [she said that] this bill didn't go through the Judiciary Committee and was forced through quickly all on that Friday night. She claims that she and the rest of the Committee will carefully examine the upcoming legislation and make sure that American's rights are not ignored again.
(Sen. Amy Klobuchar meets with local bloggers)

In December and January when FISA came up again, they both voted to protect American's right to privacy and to deny retroactive immunity to telecoms.

However, you all know that in the cozy, clubby environs of the Senate, this issue was like Jason from the Halloween movies. The telecoms bought off Sen. "Jello" Jay Rockefeller (D?-WV) and Majority Leader Steny Hoyer with large campaign contributions. These two began conspiring with the White House and the Republicans on how to force this through the Congress. These two weren't alone. The telecoms have been very generous to those who supported their retroactive immunity.

The rumors spread this spring that another FISA vote would be coming. Jello Jay and Hoyer began talking up FISA using Republican talking points. Reid and Pelosi stood by as the travesty began to unfold.

Only a few Senators and Reprentatives stood up and objected to this legislation. It quickly passed the House in early June. Walz voted against it.

It appeared that the Senate would be the final battleground.

The key vote was a preliminary vote. It would have been the only chance for progressive heroes Russ Feingold (D-WI) and Chris Dodd (D-CT) to filibuster (and I mean the real one ... talking all night and all day if necessary).

The problem was Senate Majority Leader Reid quickly brought forward a motion of cloture. This maneuver allowed Reid to feign opposition to the bill while at the same time guaranteeing its passage. Only 16 Senators opposed the motion of cloture. The bill would now be allowed only 30 hours of discussion on the Senate floor.

Many Senators who claimed to oppose illegal warrantless wiretapping claimed that they'd voted for the motion of cloture so that Feingold and Dodd could introduce amendments to weaken it and allow a debate on it. Either these Senators are ignorant of the intracies of the Senate or they were performing political gymnastics to cover their bad vote.

Too many of our Democratic Senators are going along with giving the most unpopular President in the history of the US what he wants. Where is the opposition to the destruction of our Constitution? The elimination of our right to privacy? These Senators are complicit in going along with it. So few took a stand on one of the most important issues to come before them.

In the end only 26 Senators opposed the FISA bill.

It's shameful. My Senator, Amy Klobuchar, blew it by voting for the cloture and attempting to cover her poor vote by having her staff insist that:

"The motion to proceed allows the bill to be debated and amended, which allowed Dodd and Feingold to offer their amendment to strip [telecom] immunity. You'll notice that 13 other senators joined her today [i.e., 13 other Democratic senators who also voted for cloture and against today's final passage]. The motion to proceed was to allow the bill to be debated and amended. Without that, Senators Dodd and Feingold are not able to introduce amendments to improve the legislation."
(Minnesota Independent)

I repeatedly contacted the Senator's office seeking a comment, but only got one brief explanation that was similar to what her staff told the MN Independent. She wins by 20% in a campaign ripe with promises to stand up to the Bush Adminstration ... no more business as usual ... she promised to defend our Constitution. Why couldn't she have stood up for what's right when it mattered most.

The only mitigating factor was the Democratic capitulation was so thorough.

Sigh.