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

[Tom95134]

The really hidden nasty part of the FISA bill not only grates immunity to the telcoms but extends that immunity to all members of the Bush administration that were involved in getting the telcoms to agree to supply the wiretaps without court approvals.

So, by passing this Bill, Congress will be giving a free ride to Bush, Cheney, Gonzales, etc. THIS IS THE REAL REASON THAT BUSH WANTS THE BILL PASSED AS HE HAS SPECIFIED. Bush wants to make sure he doesn't have to grant a bunch of pardons to keep his friends out of jail or testifying against him.

[AKJM]

Clinton and Obama know what is going on, I expect the candidates for my party's nomination to at least speak against immunity and being PUBLIC pressure on Reid to back off.
Senators Obama and Clinton I am listening.

[Livnlearn]

The people in this country are letting the best possible leadership we can hope for slip through their hands by not overwhelmingly being in support of John Edwards. Why are the toigh questions such as immunity for the telecoms not being debated? No, we have to watch Clinton and Obama waste our time acting like 6 year olds. I would not hold the moderators harmless since they don't seem to want to ask the tough questions either. Let's get back to phoned in questions so we can find out where the candidates stand on the tough issues. Harry Reid is useless.

[bluecoyote]

So who wants to bet against George Bush giving a broad pardon to everyone in his administration as he exits the white house? That of course goes to the CIA and probably the telecoms too.

[Merg]

This is from Salon.com Glenn Greenwalds column
UPDATE IV: The Motion to Table (i.e, kill) the Senate Judiciary Committee's bill -- which does not contain immunity and which does contain important safeguards on eavesdropping powers -- just passed 60-34. That means that the pro-immunity, pro-warrantless-eavesdropping Senate Intelligence Committee serves as the base bill. As usual, just enough Democrats -- roughly 12 -- voted in favor in order to ensure that the Motion passed while enabling Democrats generally to pretend that they opposed it. All GOP Senators voted in favor.

The pro-immunity, pro-warrantless eavesdropping Democrats: Rockefeller, Pryor, Inouye, McCaskill, Landrieu, Salazar, Nelson (FL), Nelson (NE), Mikulski, Carper, Bayh, and Johnson. Neither Clinton nor Obama bothered to show up for any of this.

-- Glenn Greenwald

[DickTater]

Unbelievable. The repubs spend all their time filibustering or threatening to filibuster, Reid never calls them on it. Never makes them pay a price. Never exposes them. Never forces them to explain themselves and why they are trying to kill bills and keep bullet-proof vests off our soldiers, keep healthcare from children, allowing prez to break laws, refuse oversight, etc.

But no, when the Dems threaten a filibuster, Reid calls them out on it, works behind the scenes to hamper them, pulls dirty parliamentary tricks, makes them stand and deliver, leaves them exposed and friendless. WTF?? Can he possibly be getting that much cash from the Telcos?

[bluecoyote]

Chris Dodd for Senate Majority Leader! Hopefully Feingold is making the first shot in such a campaign to topple Reid.

[mooph]

Reid is a big p*ssy! He's threatening a "standing and talking variety" of filibuster for a fellow Democrat, but when Republicans threaten to filibuster, he allows them to take the easy road of "an agreed-upon 60-vote minimum threshold" that keeps bills from moving forward.

[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.

[NABNYC]

Russ Feingold and Chris Dodd are good men. Isn't it wonderful to be a Democrat and have politicians like this representing us? It's such a strange feeling, odd somehow. I guess that's because most of the Democrats are such weasels, such spineless cowardly weenies, so corrupt.

Like Harry Reid who has received $22,000 from AT&T which is enough that he should disqualify himself based upon the appearance of inpropriety. Yet AT&T is the second biggest donor to both parties for the past 20 years, and presumably Reid gets his marching orders from some of the corrupt Democratic leadership like Hillary Clinton.

Speaking of Hillary, I just got an e-mail from John Edwards (my candidate) asking me to call my senators (which I did) and ask them to oppose immunity.

Why the silence from Hillary? Could it have something to do with the enormous bags of cash that have been given to her husband by the major corporations in this country? Can money buy silence? Isn't silence the same as acquiescence?

Hillary and Bill sure are loud when they're attacking other Democrats. Loud and nasty. So why so silent when it comes to standing up for the rights of the American people. For the past 7 years, all we've heard from the Clintons is the sound of silence. I guess they agree with Bush and Cheney in most of what they do.

Chris Dodd, Russ Feingold, you are the top of my list. Good job. And thanks.

[GenXer]

Can we let go of the grown men of baseball taking it upon themselves to inject illegal substances to hit a few more home runs and get to something that matters. Thank you Russ. I can't believe our tax money and time hav been spent on Major League baseball instead of the fundemental constitutional rights of all Americans. Wake up!

[lovethesinner]

Obama / Feingold in '08

Now that's a ticket!

[clumberfeet]

Senators Russ Feingold and Harry Reid will puff up their feathers and strut around the Senate floor but in the end both the Administration and the Phone Companies will not be liable for any illegal wire tapping that happened.

After the showy display we will be told; Move along, move along people. Nothing to see here.

Then back to Government organized crime business as usual.

[Wiredwilly]

Draft Russ Feingold
Brokered Convention : Gore / Feingold 08'

[hmmmmmer]

Why the hell did the Democrats pick Pelosi and Reid for leaders, they suck. The only vision I get of them is like my little chihauhau laying on his back to have his belly rubbed. Like what Reid a Pelosi do for the republicans.