Here's what we DO know. According to Time Magazine, the FISA bill the Senate passed yesterday requires:
- Initial approval by Director of National Intelligence Mike McConnell and Attorney General Alberto Gonzales. The administration relented to Democrats leery of Gonzales by adding McConnell to the oversight.- FISA Court review within 120 days. The final Democratic plan had called for court review to begin immediately and conclude within a month of the surveillance starting
- The law to expire in six months to give Congress time to craft a more comprehensive plan. The White House initially wanted the bill to be permanent.
In other words, it could be a lot better BUT it could also be a lot worse. I await word from Sen. Webb's office.
[UPDATE: I've been promised a statement from Webb's office "as soon as possible," definitely today.]
Please. Webb has a lot of apologizing to do. And then he needs to help scuttle this. This was an appalling act on his part.
And I'm not sure how meaningful including Mike McConnell in the oversight is going to be, considering that Bush was able to get him to back out of the deal he earlier made with Democrats on this legislation.
I too am eager to see what Webb has to say.
And the Internets? Hey, you need to check out site meter, not only are the stats publicly available but they are using tracking cookies to boot.
I know that rankings from truthlaidbare are based on this but that, especially on political blogs, is really, really uncool and soapblox is using them for their stats.
I mean the government has to purge criminal records of misdemeanors after a certain number of years but does LexusNexus? I have no idea. Do they have to correct inaccuracies?
For instance, what if Webb has knowledge of an imminent threat of attack, per Chertoff's "gut feeling" of a few weeks ago? I'm not saying that's the case, I'm just pointing it out as a possibility.
If there were an imminent threat, you could get all the surveillance authorization in the world from the existing FISA court under existing FISA rules. This kind of I've-got-a-secret-trust-me crap is just as appalling from a Democrat as a Republican.
I am sooo surprised.
Then there is the great suspicion we all have: Bush must be spying on innocent Americans, especially political dissidents he does not like. I have always wondered just why so many Democratic leaders suddenly roll over and give Bush exactly what he wants, and think, maybe because Bush has blackmail info on them from his warrantless spying? This bill is yet another example.
On the other hand, the terrorists have learned that their former use of cell phones to communicate opened many of their secrets to police and to counterspies, so they are no dummies--- they are very technologically astute, and are taking advantage of the latest innovations (including, I understand, using satellite images of, say, the Green Zone to zero in on mortar targets). We have to respond with equal technological cleverness. But, does this necessity mean NO timely oversight of any sort? I find that hard to believe.
Webb is probably the smartest guy in Washington on these matters and I can't see him making this unpopular vote without a good reason.
If time proves me wrong, then I'm wrong, but for the time being I'm gonna conclude Jim Webb has a reason for this vote.
Time will tell and I wouldn't turn my back on Webb just yet.
But I eagerly await an official explanation.
The only possible explanation that you and another have come up with thus far has been knowledge of some secret threat. And for some reason, that sounds faintly familiar, doesn't it?
Look, I'm willing to listen to what Webb's office has to say. But I think trying to sort out what could possibly make it a reasonable vote is a fair thing to do. And thus far, I've not seen anything.
And I don't think we will. Here's what you're going to get:
I voted in support of the FISA bill in order to give us the tools we need to protect us from terrorists. While we didn't get everything we wanted, I am satisfied that there are checks put in place to protect our rights. The provisions expire in six months, and we'll take a look at how things have gone then. If [and this'll be the punchline] this Administration has failed in any way to protect the rights of Americans, I'll hold them to account then.
Sounds like it had broad support and it doesn't seem to be the grevious attack on personal liberty that some are it portraying as.
If it's a big mistake we can fix it later.
Go read the Marty Lederman piece.
Meanwhile, Jon Tester from conservative Montana voted "no." The point is, it's not that simple as "Dems from conservative states" voted one way and "Dems from blue states" voted another way.
The executive branch should not be given carte blanche to listen in on people's communications with no oversight. That has led to abuses in the past (which is why the FISA Court was established in the first place), and it certainly will in the future, even if it's not currently being abused by this administration -- something I'm not willing to concede given the current politicization of the Department of Justice.
Alabama
Sessions (R) Yes; Shelby (R) Yes.
Alaska
Murkowski (R) Yes; Stevens (R) Yes.
Arizona
Kyl (R) Yes; McCain (R) Not Voting.
Arkansas
Lincoln (D) Yes; Pryor (D) Yes.
California
Boxer (D) Not Voting; Feinstein (D) Yes.
Colorado
Allard (R) Yes; Salazar (D) Yes.
Connecticut
Dodd (D) No; Lieberman (I) Yes.
Delaware
Biden (D) No; Carper (D) Yes.
Florida
Martinez (R) Yes; Nelson (D) Yes.
Georgia
Chambliss (R) Yes; Isakson (R) Yes.
Hawaii
Akaka (D) No; Inouye (D) Yes.
Idaho
Craig (R) Yes; Crapo (R) Yes.
Illinois
Durbin (D) No; Obama (D) No.
Indiana
Bayh (D) Yes; Lugar (R) Not Voting.
Iowa
Grassley (R) Yes; Harkin (D) Not Voting.
Kansas
Brownback (R) Yes; Roberts (R) Yes.
Kentucky
Bunning (R) Not Voting; McConnell (R) Yes.
Louisiana
Landrieu (D) Yes; Vitter (R) Yes.
Maine
Collins (R) Yes; Snowe (R) Yes.
Maryland
Cardin (D) No; Mikulski (D) Yes.
Massachusetts
Kennedy (D) No; Kerry (D) Not Voting.
Michigan
Levin (D) No; Stabenow (D) No.
Minnesota
Coleman (R) Yes; Klobuchar (D) Yes.
Mississippi
Cochran (R) Yes; Lott (R) Not Voting.
Missouri
Bond (R) Yes; McCaskill (D) Yes.
Montana
Baucus (D) No; Tester (D) No.
Nebraska
Hagel (R) Yes; Nelson (D) Yes.
Nevada
Ensign (R) Yes; Reid (D) No.
New Hampshire
Gregg (R) Not Voting; Sununu (R) Yes.
New Jersey
Lautenberg (D) No; Menendez (D) No.
New Mexico
Bingaman (D) No; Domenici (R) Yes.
New York
Clinton (D) No; Schumer (D) No.
North Carolina
Burr (R) Yes; Dole (R) Yes.
North Dakota
Conrad (D) Yes; Dorgan (D) Not Voting.
Ohio
Brown (D) No; Voinovich (R) Yes.
Oklahoma
Coburn (R) Yes; Inhofe (R) Yes.
Oregon
Smith (R) Yes; Wyden (D) No.
Pennsylvania
Casey (D) Yes; Specter (R) Yes.
Rhode Island
Reed (D) No; Whitehouse (D) No.
South Carolina
DeMint (R) Yes; Graham (R) Yes.
South Dakota
Johnson (D) Not Voting; Thune (R) Yes.
Tennessee
Alexander (R) Not Voting; Corker (R) Yes.
Texas
Cornyn (R) Yes; Hutchison (R) Yes.
Utah
Bennett (R) Yes; Hatch (R) Yes.
Vermont
Leahy (D) No; Sanders (I) No.
Virginia
Warner (R) Yes; Webb (D) Yes.
Washington
Cantwell (D) No; Murray (D) Not Voting.
West Virginia
Byrd (D) No; Rockefeller (D) No.
Wisconsin
Feingold (D) No; Kohl (D) No.
Wyoming
Barrasso (R) Yes; Enzi (R) Yes.
I do want to hear from Jim Webb.
I find it very hard to believe that he caved based on intimidation or fear.
Keep in mind that he had to be persuaded to run.
We need to know more.
But an imminent threat would not satisfy me because the FISA court could cope with that, I suspect.
I don't think this president should be given any more power but should have his power rolled back big time.
But Lowell, be careful you don't say anything like that on Dkos. I was about skinned alive when I suggested that we see what the Dems said.
My God, whatever led him to his conclusions, let's all hope and pray that Webb wasn't swayed by Chertoff's "gut feelings." Pleeeeeease. See: http://www.youtube.c...
I personally believe that this sort of surveillance bill allows the administration as much chance of gathering useful information as Bush's recent colonoscopy had of finding electrical activity in his brain lobes. Yet, I'll trust Webb on this because though I know he was a Republican spear carrier for years, I believe he is incensed about the path this administration has taken, in Iraq and other areas. Further, Webb's screenwriting activities certainly brought him into contact with many of the liberal ilk, both thoughtful and rabid, and I would guess that Webb, a bright guy, would have considered their viewpoints rather than call them traitors. Further, Webb, at present, seems not only not an idealogue for the right but can surely see what is right for us.
We can't get all we want in our leaders, and this vote seems like a slap in our progressive faces, but Webb was not alone, as noted above and in his explanation of his vote, and I'll trust him on this one.