We knew it was coming, but that doesn’t make it any better.
The House Friday easily approved a compromise bill setting new electronic surveillance rules that effectively shield telecommunications companies from lawsuits arising from the government’s terrorism-era warrantless eavesdropping on phone and computer lines in this country.
The bill, which was passed on a 293-129 vote, does more than just protect the telecoms. The update to the 30-year-old Foreign Intelligence Surveillance Act is an attempt to balance privacy rights with the government’s responsibility to protect the country against attack, taking into account changes in telecommunications technologies.
Looking over the final roll call, most House Dems voted against the measure, while House Republicans were nearly unanimous in their support. Specifically, among Dems, 128 voted against it, while 105 voted for it. Among Republicans, 188 voted for it, and just one (Illinois’ Tim Johnson, whose work I’m not especially familiar with, was the lone GOP lawmaker to break ranks.)
Plenty of Dems spoke out forcefully against the bill, but the one quote that stands out most for me came before the debate began. Sen. Chris Bond (R-Mo.), who negotiated with House Majority Leader Steny Hoyer (D-Md.) on the legislation, told the NYT, “I think the White House got a better deal than they even they had hoped to get.”
When the White House, which isn’t exactly known for its timidity when making demands of Congress, gets more out of a negotiation that it expected, it’s a safe bet it’s not much of a “compromise.”
The ACLU’s press release hit all the right notes.
“It’s Christmas morning at the White House thanks to this vote. The House just wrapped up some expensive gifts for the administration and their buddies at the phone companies. Watching the House fall to scare tactics and political maneuvering is especially infuriating given the way it stood up to pressure from the president on this same issue just months ago. In March we thought the House leadership had finally grown a backbone by rejecting the Senate’s FISA bill. Now we know they will not stand up for the Constitution.
“No matter how often the opposition calls this bill a ‘compromise,’ it is not a meaningful compromise, except of our constitutional rights. The bill allows for mass, untargeted and unwarranted surveillance of all communications coming in to and out of the United States. The courts’ role is superficial at best, as the government can continue spying on our communications even after the FISA court has objected. Democratic leaders turned what should have been an easy FISA fix into the wholesale giveaway of our Fourth Amendment rights.
“More than two years after the president’s domestic spying was revealed in the pages of the New York Times, Congress’ fury and shock has dissipated to an obedient whimper. After scrambling for years to cover their tracks, the phone companies and the administration are almost there. This immunity provision will effectively destroy Americans’ chance to have their deserved day in court and will kill any possibility of learning the extent of the administration’s lawless actions. The House should be ashamed of itself. The fate of the Fourth Amendment is now in the Senate’s hands. We can only hope senators will show more courage than their colleagues in the House.”
No word yet on what to expect from the Senate. Senate Majority Leader Harry Reid’s office said yesterday, “Senator Reid believes this version is better than the bill the Senate passed in February and much better than the Protect America Act signed by the President last summer, but he remains opposed to retroactive immunity and is reviewing the bill in its entirety.”
I’d just add one thing. I know precisely why House Dems felt it necessary to cave on this — they’re scared. Dems are in a good position to do well in November, and they don’t want to hand Republicans a cudgel. By accepting the “compromise,” Democratic lawmakers hope to take away a GOP talking point about being “soft” on counter-terrorism. I get that.
But here’s the thing Dems always seem to forget: Republicans are going to say that anyway. Caving doesn’t make it better; it makes it worse. I’m always amazed that this point is lost on the party.