FISA Court

FISA Debate Update

CD updating the update to reflect the latest news: Reid has pulled the bill.

Well, we’re into it - a full-throated Senate debate on many of the dearest, in all senses of that word, fundamentals of constitutional government,

The opening, as Lambert has suggested, was a bit confusing.

Dodd gave a passionate analysis of the many strands of this new FISA legislation, meant, mainly on the Democratic side, to correct the excesses of last August’s Protect America Act, which more or less gutted the FISA court as a check on the power of the executive branch to secretly ignore the civil liberties of Americans not to be spied upon by their own government.

To talk process for a moment, the thrust of Dodd’s first speech was in support of the many and profound reasons why the Senate should not proceed on the matter at hand as long as the Intelligence Committee’s version is the basis of the debate and the subsequent voting on the entire issue. In other words, he was arguing against the imposition of cloture, so that the Senate might spend time debating the merits of substituting the Judiciary Bill as the basis for debate and amendment.

It didn’t look or sound to me like this was Dodd’s attempt to get a genuine filibuster going, and indeed, the vote was lopsided in favor of cloture, all Republicans voting yes, only ten Democrats voting no.

This is not the end of the debate by any means, though, and from what I’ve seen thus far, do not despair that passage of the Intelligence Committee’s version of this new FISA bill is a done deal, including the extending of amnesty to those Telecoms which choose to go along with the administration. Here’s why:  Read more