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Dodd's Filibuster Threat Stalls Wiretap Bill

December 17, 2007 07:56 PM


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Senator Chris Dodd won a temporary victory today after his threats of a filibuster forced Democratic leadership to push back consideration of a measure that would grant immunity to telecom companies that were complicit in warrantless surveillance.

The measure was part of a greater bill to reorganize the Foreign Intelligence Surveillance Act. Earlier on Monday, the Senate, agreed to address a bill that would have overhauled FISA, authorized the monitoring of people outside the United States, given secret courts the power to approve aspects of surveillance, and granted telecom companies retroactive immunity for past cooperation.

But the threat of Dodd's filibuster, aimed primarily at the latter measure, persuaded Senate Majority Leader Harry Reid, D-NV, to table the act until January. A compromise on the immunity will ostensibly be worked out in the interim period.

"We have tried to work through this process and it appears quite clear at this stage on this bill that we're not going to be able to do that," said Reid. "We are at the last few hours of the last few days of this year's session of Congress... I think its very clear we're not going to be able to move into the amendments.... I've spoken with a number of Senators and we feel it would be in the best interest of the Senate to take at look at this when we come back next year."

A smile on his reddened face, Dodd was at once gracious and joyful by the turn of events. He had been arguing his case for approximately eight hours.

"I want to thank the leader [Sen. Reid]," he said. "This is an awkward time. We want to get the bill done. My longstanding concerns were over retroactive immunity. Look forward to coming back in January. And hopefully between then and January a suggestion can be made to compromise without granting full immunity...I appreciate the fact that we will not have to pursue this further."

Dodd flew back from Iowa last night to personally rally against the amendment to the Protect America Act. After the Senate agreed, by a vote of 79 to 10, to move to debate, Dodd took to the floor. Over the course of the day, the Connecticut Democrat criticized the idea of granting immunity. Expanding on similar remarks made by Sen. Russ Feingold, D-WI, he noted that that the original FISA bill already included an immunity clause and that the courts, not Congress, should decide whether telecom companies deserve legal protections.

While he never technically conducted a filibuster, according to aides, Dodd left the floor only once, to address a press gathering. He did, on occasion cede time to his Democratic colleagues. But even then, they say, he remained engaged in the debate.

"Everyone who spoke on the floor said they were grateful for Dodd taking a stand," said a staffer to the Senator who asked not to be named. "They said if it weren't for him they wouldn't be having this much-needed debate."

Dodd was the one Senator currently running for the White House who left the campaign trail to debate the Protect America Act, an absence he hinted at while on the Senate floor.

"I respect immensely the people who spend a lot of time on these issues. But this is a critical moment," Dodd said. "This is one of these moments you need to be here for this, to engage in this debate and discussion. They don't happen everyday, but this is an important one. This goes right to the heart of who we are. This isn't about selling your soul, it's about giving it away, in my view, if you don't stand up for these rights."

Sens. Barack Obama, Hillary Clinton, and Joseph Biden did offer their rhetorical support for the filibuster. Dodd, according to aides, will rejoin the three on the campaign trail tomorrow.

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Dear Senator Dodd,

Many of us had lost hope that our efforts would bring the changes America needs to become a country once again based on Constitutional law. The truth is that Bush has violated the Constitution and American law so egregiously and so often, it seems to be an overwhelming task to remember it all.

I was very heartened by what happened yesterday. If you hadn't been willing to lead the fight against telecom immunity, we would have been impotent on this issue, too. The outpouring of gratitude to you (and I add mine to it) is an indication of how badly we've needed a well-placed Congressional leader to bring us back from the morass of a toppling Constitution. I am grateful that you took time out from campaigning in Iowa for this fight and wish you great success on your return there.

The fight isn't over at all, we know. In January, both sides of the issue will be even more intense than yesterday, and the fight will be even more gruelling. But we must not let the forces that would tear away our Constitutional rights win. Please let us know what we can do to help. You can count on us as long as we know where to focus our energies.

    Favorite    Flag as abusive Posted 08:20 PM on 12/18/2007

The public wants their Constitution back--all of it--habeas corpus, 4th amendment, co-equal branches of government, free and fair elections, no establishment of religion. These ARE their 'American values' and they want them even in SPITE of terrorist threat. Maybe BECAUSE of terrorist threat.

    Favorite    Flag as abusive Posted 04:10 PM on 12/18/2007
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Excellent analysis of Dodd's filibuster at:

http://www.salon.com/opinion/greenwald/2007/12/18/victory/index.html

And for all the twerps out there who insist that action is ineffective, I say read this.

    Favorite    Flag as abusive Posted 03:40 PM on 12/18/2007
- AKJM I'm a Fan of AKJM permalink
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Not to take away form Sen Dodds heroic efforts, thank you Sen Dodd, I can"t help but feel that there is something more. If merely ten senators can stop bad legislation why not before. DEMS got game. The rules, object and players we will shortly find out.

    Favorite    Flag as abusive Posted 03:31 PM on 12/18/2007

I haven't been paying attention to Senator Dodd's positions on the issues; I'm an Edwards fan. But his actions on this issue will force me to take a look. This is the kind of leadership progressives need; this is the kind of man who can fix what's wrong with our country.

    Favorite    Flag as abusive Posted 03:18 PM on 12/18/2007

I watched a good bit of Dodd's speech on the Senate floor... It was absolutely great! His rationale, logic and presentation were flawless... I called his office to thank him for his stance on this issue...

    Favorite    Flag as abusive Posted 02:12 PM on 12/18/2007
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..........hip, hip hooray.........a Democratic senator finally found his balls!!

    Favorite    Flag as abusive Posted 01:05 PM on 12/18/2007

Senator Dodd showed the world that he is a patriot, he was refreshing to hear compared to the regressive assholes. The regressive knuckle draggers showed their disdain for the rule of law and the Constitution.

Dodd spoke with authority and had/has all his ducks in a row, NEVER, NEVER, will you hear a complete jackass like Dumbya speak with such eloquence. The regressive crowd gets their panties wet when one of their goons talks hate and bigotry, they're void of intellectualism but full of belligerent hysteria.

    Favorite    Flag as abusive Posted 12:31 PM on 12/18/2007

This bill illustrates the decline of our democracy. The bill would have "overhauled FISA, authorized the monitoring of people outside the United States, given secret courts the power to approve aspects of surveillance, and granted telecom companies retroactive immunity for past cooperation." Where in our constitution does it speak of secret courts? Who are such courts accountable to? And what is the wisdom of insulating telecom companies from past behavior that was very likely illegal? If bin Laden hated America for our freedoms, as Bush often says, then Bush is doing his best to eliminate these hated freedoms and unfortunately, Congress is cooperating. I thank Senator Dodd for standing up for the fabric of our constitution. Overall, it is still a sad day for democracy.

    Favorite    Flag as abusive Posted 12:25 PM on 12/18/2007

I've been an unwavering Obama supporter, but this is the sort of leadership we need when it counts most.

If we want our leaders to act this way, we must reward the good behavior. Please write a thank you note to Senator Dodd, and tell him what you think.
http://chrisdodd.com/blog
There are also links there to send messages about this to other Democratic leaders.

I also gave Sen. Dodd a small contribution, and would recommend it for others here -- unfortunately, in our current system, money talks -- This is one of those times we can make it say the right thing. All politicians will pay attention to this filibuster threat if Dodd's coffers grow as a result.

    Favorite    Flag as abusive Posted 11:57 AM on 12/18/2007

Taking time off the campaign to protect the us all says 'Presidential character' like nothing else.
Dodd is looking like the best candidate based on character and integrity.

Have any other candidates actually *done* anything for us lately (especially something hard like leading)? I can't think of anything. Anyone? anyone? Bueller? :-)

    Favorite    Flag as abusive Posted 11:36 AM on 12/18/2007
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Wow. I'm(almost)speechless. Either the Congress and Senate start acting in a similar manner on a more consistent basis or take a hike. I'm tired of the fascists getting what they want so often. Take note Democrats.

    Favorite    Flag as abusive Posted 11:13 AM on 12/18/2007

WE DID IT!!!!! i contacted several senators in this effort, but the credit goes to the point man who debated from the floor until he made believers out of the senators. chris dodd, stand up and take a bow.

color me disappointed to see three presidential candidates fail to show up for this debate. biden, clinton, obama, you know who you are.

    Favorite    Flag as abusive Posted 10:22 AM on 12/18/2007

don't hold your breath. Congress will cave when this comes up again in 2008. anyone taking bets?

    Favorite    Flag as abusive Posted 10:10 AM on 12/18/2007
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Bush is the figurehead of a large bi-partisan criminal conglomerate, sometimes referred to as the U.S. Government. Christopher Dodd is by no means the flawless Senator who can single-handedly expose and derail this corrupt machine that is barreling downhill towards certain Fascism, but he ACTED, and he did this in the interest of the people. As previous posters have noted, it is absurd that the people need to have their privacy protected from the spying eyes of this criminal cabal. But, when absurdity is the norm, it is crucial that those who stand against it are given their just due. Senator Dodd, I believe, is a man of honor. He is not just "campaigning for president" as some of the others in the field are. If all representatives would kindly do their fucking jobs with honor, integrity, and with the intent for which they were elected, Bush and his cohorts would be in prison and this country would once again be respected around the world!

    Favorite    Flag as abusive Posted 10:09 AM on 12/18/2007
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