Senate Republicans needed 60 votes to overcome a filibuster and extend the Patriot Act. They didn’t come close.
The Senate on Friday rejected attempts to reauthorize several provisions of the USA Patriot Act as infringing too much on Americans’ privacy and liberty, dealing a huge defeat to the Bush administration and Republican leaders.
In a crucial vote early Friday, the bill’s Senate supporters were not able to get the 60 votes needed to overcome a threatened filibuster by Sens. Russ Feingold, D-Wis., and Larry Craig, R-Idaho, and their allies. The final vote was 52-47.
President Bush, Attorney General Alberto Gonzales and Republicans congressional leaders had lobbied fiercely to make most of the expiring Patriot Act provisions permanent, and add new safeguards and expiration dates to the two most controversial parts: roving wiretaps and secret warrants for books, records and other items from businesses, hospitals and organizations such as libraries.
I didn’t watch the debate, but I have to wonder if the timing of the vote worked against the administration and the GOP majority. After all, it’s harder to approve a vote on a controversial civil liberties issue a few hours after the New York Times reports on the front page that the Bush White House has secretly allowed the National Security Agency to spy on Americans, on U.S. soil, without getting a warrant. It’s not as if supporters of the law could reasonably make the case that the administration will use expanded power reasonably and with deference for individual rights.
As Feingold said today, “I don’t want to hear again from the attorney general or anyone on this floor that this government has shown it can be trusted to use the power we give it with restraint and care.” Given the circumstances, it was difficult to disagree.
The White House blamed Senate Dems, but the roll-call vote shows that even the GOP didn’t vote in lock-step on this one. Republicans who joined Dems were Sens. Craig (Idaho), Hagel (Neb.), Murkowski (Alaska), and Sununu (N.H.). (Frist voted with Dems for procedural reasons — he can now call for a new vote at any time.)
The next step is an interesting showdown. The Patriot Act’s 16 provisions expire on Dec. 31. Dems offered a short term extension to Senate GOP leaders, but Frist refused to even consider the idea. It’s going to make compromise tricky. Dems and a few Republicans want to discuss adding civil liberties safeguards to the legislation. Bush, Frist, and Hastert insist it’s all or nothing, right now.
Stay tuned.