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DiFi's Statement on FISA

by: David Dayen

Tue Feb 12, 2008 at 16:23:00 PM PST


After voting against stripping telecom amnesty from the bill, and seeing her amendments fail, Sen. Feinstein voted against the final bill.  Here's her statement:

"I have decided to vote against the FISA Bill before the Senate. This is not an easy decision because I strongly believe that we need to modernize the law relating to the gathering of foreign intelligence, and I support many of the provisions in the Senate bill.

However, I believe this bill didn't do enough to protect against the assertion of executive power. I have said on many occasions that without the additional language to strengthen and tighten the exclusivity already in FISA, I could not support final passage.

I offered an amendment on this very issue. My amendment, which would have made it clear that FISA is the excusive authority for wiretapping U.S. persons for foreign intelligence purposes, received well more than a majority of this body - 57 votes. But it did not receive the 60 votes required. Given this strong vote, I remain hopeful that similar language will be included in a FISA bill that goes to the President.

There should never be another warrantless surveillance program. And I continue to believe that there should be a strong statement in law making it crystal clear that FISA must be followed, period.

Unfortunately, the bill before the Senate did not include such language and simply didn't go far enough in protecting against executive power. That's why I voted against the Senate bill."

This elides the immunity issue and foregrounds the exclusivity amendment.  But take it for what it's worth.

There are now 54 other Congresscritters to focus on as the FISA bill head into a House-Senate conference.  The House's RESTORE Act is actually a fairly decent, though imperfect, bill.  FDL has a petition you can sign to demand that it becomes the basis for what is sent to the President.  Call your representative and reaffirm that.

UPDATE: From the comments, seems like Feinstein pulled a Lieberman here, voting for cloture, against the final bill, and releasing a statement about the latter and not the former.  This, of course, makes me a chickensh*t.  And Art Torres a bold truth-teller.  And Dianne a patron saint.

David Dayen :: DiFi's Statement on FISA
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Please note that DiFi voted FOR cloture (8.00 / 1)
which was actually a vote to move the bill forward with retroactive telco immunity.  And this after voting against the removal of retroactive immunity as an amendment.

So despite her protestations, she really didn't do squat for the rule of law or the Constitution, and actually did a fair bit to help destroy both of them, all in service to George Bush's agenda and the desires of the big telcos.


pulled a Lieberman, did she? (0.00 / 0)
Voting for cloture, against the final bill, and putting up a statement about the latter and not the former.

[ Parent ]
Damn it Dave (0.00 / 0)
I am having a hard time keeping up.  Are you the devil or chickensh@t or both?

Out of the three votes we cared most about today 1) Dodd/Feingold 2) cloture 3) the bill itself she went 1 for 3.  Not exactly something to crow about.

Her statement here makes it very clear that this is not about immunity, but rather about executive power.  Both are important, however she did not do the right thing with respect to immunity.  It was immunity that Torres was talking about originally.


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