Feingold: "I Really Do Disagree" With Reid On FISA

A long-debated provision over whether or not telephone companies would get a free pass for aiding the U.S. government in warrentless surveillance hits the Senate floor today. And it threatens to open up fissures within the Democratic Party.

In an interview with the Huffington Post on Thursday morning, Sen. Russ Feingold, who opposes granting immunity to those companies, expressed disappointment that his party's leader, Sen. Harry Reid, was not doing more to help strike the provision from a newly considered version of the Foreign Intelligence Surveillance Act.

"Of course I have great respect for the Majority Leader," said Feingold. "He is a good friend of mine. But I really do disagree with his way of proceeding."

At issue is the likely passage of a version of FISA that contains retroactive immunity over one that doesn't. Reid has said he supports the former, but legislatively, the path has been paved for the passage of the latter. In addition, there is debate over an amendment offered by Sen. Chris Dodd, to strip immunity from any FISA bill. If that fails -- and it seems likely -- Dodd has threatened to filibuster the whole bill. On Wednesday, Reid was interpreted as saying any such filibuster will be the standing and talking variety as opposed to an agreed-upon 60-vote minimum threshold. Feingold, who supports Dodd's stance, took slight issue with that approach.

"We should have a normal process were this is debated based on a majority vote in the senate," said the Wisconsin Democrat. "That's the way it should have been done and I regret that it's not being done that way. Of course, I support Senator Dodd. He and I were principally involved in making sure this didn't get jammed through before the holidays and I will be supporting him again. But this decision does make it harder."

Speaking on the Senate floor Thursday morning before the debate, Reid addressed these concerns. He noted that he himself supported the Judiciary Committee version of the FISA bill, which would not give telecom companies a free ride from potential lawsuits.

Later in the day, however, that measure was tabled by a vote of 60 to 36. The Majority Leader has previously argued that, in the absence of the Judiciary bill, the Senate would consider the Intelligence Committee version, which grants immunity. Senators who objected to any amendment -- such as the one to be offered by Dodd -- would have to stand and argue for as long as they could.

"Senators Dodd and Feingold will seek to strike the immunity title entirely. I oppose immunity, and will support their amendment," said Reid. "If this amendment is not adopted, there will be other amendments to limit the immunity provisions in the Intelligence bill... As I have said before, if there are senators who don't like these amendments and think they should be subjected to 60-vote thresholds, these senators are going to have to engage in an old-fashioned filibuster."

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By the end of Thursday debate had been postponed to Monday, after Senate Minority Leader Mitch McConnell moved for a vote on cloture on the Intelligence committee version and Reid objected.

Senator Dodd was spared having to filibuster. But if it does resort to that, Feingold said he will do what he can to help strip telecom immunity from any measure.

"I started this fight two years ago when they first announced the illegal program and I've been working on it every day," he said. "And it has been a great help that Chris Dodd made it a part of his presidential campaign and now that he is back to work with me and others... It's a big help. It's very hard to do it alone."

Feingold was also happy to have the support of both Sen. Barack Obama and Sen. Hillary Clinton. The two Democratic frontrunners have said they oppose retroactive immunity. But, with the primary season heating up, it is unlikely they will offer anything more than rhetorical assurances.

"I'd love to have them back," said Feingold. "But it is not my job to tell them what to do on their campaigns. My understanding is that both of them have indicated support for what Senator Dodd and I are doing. So that's good. If we see real opportunity for a vote we can win, then yes. I would love to have them back."

Comments

[drblack]

Article 1, Section 9, paragraph 3 of the US Constitution states:
"No Bill of Attainder or ex post facto law shall be passed"
Ex Post facto means retroactiv­e...as in retroactive immunity for telecoms.
This is a CLEAR violation of the US Constitution and the members of Congress and the President and Vice President are betraying their oath of office in even suggesting this bill.
As far as Blanket warrants go there is Amendment IV of the US Constitution which is clear;
"The right of the people to be secure in their persons,ho­uses,paper­s,and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue,but upon probable cause,supported by Oath or affirmation,and particularly describing the place to be searched,and the persons or things to be seized."
There have already been so many violations of this by the police and unlawfully held up by the courts but what Bushie proposes is completely Un American and anti-Freedom.

[kevenseven]

Take Action!

Call, fax and e-mail your senators and congressman, demand that immunity be put aside.

Go to: http://act.credomobile.com/campaign/wiretapping08

It is a petition to the presidential candidates to return to DC and support Dodd's filibuster. Please sign it.

[freespeach]

The DLC runs the Democratic party.

Harry Reid is one of them, and does NOTHING without their approval and assistance.
They are trying hard to get immunity in the FISA bill for Bush the bloody criminal.

Now we all know for sure that either Obama or Hillary WILL be the Democratic party Presidential nominee very soon.

They are both Senators.

So why the Hell are they not leading on this?

Why are they not proving that they will deliver on the "hope and change" that they promise in their speeches?

The notion that either of these two would dare to not show up for this vote is pure insanity!!!!

But I must give kudos to Sam Stein and the rest of the spin merchants at huffpo.
The big photo of Finegold, the showdown headline..­....it's almost enough to make you believe that the power brokers and leaders of the Democratic party are on the side of the American people....­..almost.

[ChristopherLib]

There absolutely should be no immunity for the telcoms. The like of Feinstein and Rockfellas supporting this crap makes me sick.

[GeoLee]

You go, Feingold and Dodd. Shutting down the government to keep this bill from passing is fine with this person. Whatever it takes. I am so p.o.'d with my carriers, ATT and Verizon I could scream. I have nothing to hide, but I do believe in upholding our constitutional rights and apparently around 60 senators do not.

[syllepsis]

"open up fissures within the democratic party."

This will destroy it.
As a matter of principle I will not support any party that threatens our civil liberties.
And I know that I am not the only currently registered Democrat who feels this way.
Feingold is a voice in the Democratic wilderness. So, it seems, are the Democrats' most natural constituents.
It is only a matter of time before the Democratic Party is swept aside. For a historical parallel look to the 1850's and the formation of the Radical Republicans out of the ashes of forgotten Northern Whigs.

[rollingdivision]

The collection of foreign communications and data is always inherently a "fishing trip", there is virtually no way to know before the fact what will be intercepted. Since warrants require specificity the interception of foreign communications and data would never meet the requirements of a warrant. The government is legally allowed to intercept this data as a act of national defense outside of the requirements for a subpoenas. But what folks like Senator Feingold want is a sham court which will review and approve what will be subpoenas that do not meet the legal requirements under the constitution. It either falls into the exceptions or it can't be done.

There should be no, zero, not any restrictions on the interception, monitoring and recording of all foreign to foreign communications or data by the US government. There should be no, zero, not any restrictions on the interception, monitoring and recording of all foreign to US communications and data by the US government when US citizens are not the subject of investigation and are not subject to prosecution.

[shag11]

No to retro immunity.

[scooperss]

The Senate on Thursday rejected an attempt to expand a secret court's oversight of government eavesdropping, sticking instead with a surveillance bill favored by the White House.

[AKJM]

I'm watching the Senate. I may have been too hasty on Reid, he's got somethinhg up his sleeve. 30 day extension, fillabuster, non-fillabuster.

[stoprollingover]

Here's an even better directory that contains contact info for all members of the Senate and the House.

The page contains a map of the United States.

Click on your state.

You will then be taken to a contact list that contains D.C. phone numbers, fax numbers, and email addresses for every Senator and Representative from your state.

http://www.visi.com/juan/congress/

Do what you can.

[MagnaCarta]

No retro immunity to telecoms! Senator Reid, get some spine! Only Senators Dodd and Feingold seem to be fighting to protect citizens against our government spying on us. And, btw, only John Edwards sent email alerting us to what's happening to our rights as citizens. All I get from Senators Obama and Clinton are requests for campaign money.

[leftbehind2000]

Evidently this issue is just controversial enough to keep both candidates publicly mum about it. That way they can pretend to be on the side of whatever will win them votes.

Too bad Edwards is not still in the Senate. Would he do the same thing as the other two? I don't think he would, and that's not necessarily suggesting that he'd stand with Senator Dodd purely for noble reasons. As the underdog, Edwards has been required to take a more distinct stand on core Democratic values in order to remain relevant. Edwards, in turn, has forced the other two to pull several "me too" statements out of their behinds.

Imagine Edwards, the underdog, going back to Washington to participate in the FISA debate on the floor of the Senate. Obama and Clinton could do nothing less than follow his lead or risk the scorn of their constituency.

[Gatormouth]

The thing you should remember is that these Trotskyite Neocons and Corporate Fascists are not the sole property of the Republican Party. If anything, it's the other way around. These subversives, and that is what they really are, have penetrated both major parties, and are present in power positions in for-profit organized religion and industry (of course) as well. Lieberman was convincing enough to have been give a position as VP on a Democratic Party presidential ticket, before he was unmasked. Lets find out what Reids social/political bona fides really are.

[stoprollingover]

Directory of U. S. Senators with links to each Senator's email address or web contact form:

http://www.senate.gov/general/contact_information/senators_cfm.cfm