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House GOPers Make Bid To Derail FISA Legislation
Today the House of Representatives is scheduled to vote on its FISA legislation. Members have been speaking on the floor throughout the day, and the vote was supposed to happen around now.
But it looks as if Republicans, who oppose the current FISA measure, may have come up with a way of trying to scuttle the bill.
GOP Rep. Eric Cantor has just revealed on his Web site that he's planning on introducing the following add-on measure to the bill later today:
Today, we will be offering an amendment to the legislation to clarify that nothing in the bill "shall be construed to prohibit the intelligence community from conducting surveillance needed to prevent Osama Bin Laden, Al Qaeda, or any other foreign terrorist organization…from attacking the United States or any United States person."
Cantor is presenting this as an effort to determine whether Dems really want to protect America or not. "Let’s put all Members of Congress on the record," he writes in a post accompaning the amendment. "Which do they care more about, pleasing their MoveOn.org liberal base or making sure America is safe and secure?"
But as you can see, this measure, with its incredibly broad language, would appear to be legally meaningless. It effectively says that the intelligence community is free to do whatever surveillance it wants, provided it can be justified as needed to prevent a terror attack in some fashion or other. It doesn't appear to be serious legislative language, just a procedural maneuver designed to throw a wrench into the works.
The word from House Dem aides is that Cantor intends to introduce this as part of a motion to recommit "promptly," rather than "forthwith." Stripping away the mumbo-jumbo, our best understanding of this so far is that it would send the bill back to committee, rather than out on to the floor for a vote. This would bottle up the bill and delay the process an untold amount of time.
Dems are likely to object to the prospect of this delay -- and not the language itself, as it has no legal meaning -- though Republicans clearly plan to spin any Dem objection to this as Dems not wanting to protect America.
It's unclear as yet how the House Dem leadership will respond. Cantor says on his blog that "House Democrats are holding the FISA bill off the floor, scrambling to figure out how to respond." House Dem aides say no decision has been made by leadership whether to yank the bill in response or whether to pursue another course.
More soon.















The Dems are in disarray because no one would/could ever have imagined that the Republicans would demagogue on this legislation?
October 17, 2007 4:51 PM | Reply | Permalink
Well, well, well; "wrapped in an American Flag and carrying a cross" seems to be appropriate here.
October 17, 2007 4:56 PM | Reply | Permalink
Yank it and give the king the middle finger. The original fisa act is adequate and doesn't need changing. The problem is the king doesn't want to be answerable to anyone, just like a king. Also, based on his WWWIII comments, I truly believe that he is either insane or the anti-christ. Someone should lock him up and shut him up before he gets us all killed.
October 17, 2007 4:57 PM | Reply | Permalink
Cantor is one of the biggest jackasses they have. Is his seat safely (R)?
He and that idiot Kingston need to head back to the private sector.
October 17, 2007 4:58 PM | Reply | Permalink
Re: I truly believe that he is either insane or the anti-christ. Someone should lock him up and shut him up before he gets us all killed.
ummmm...can't he be both? 'Cuz I think he is.
October 17, 2007 5:01 PM | Reply | Permalink
If Pelosi and the floor managers don't have the stones to tell GOP legislative saboteurs to go and play in Patrick McHenry's sandpit, they should resign their positions.
Why is it that the GOP gets to dick about with legislation now that the Dems are in control, but DeLay ruled the House like his own fiefdom?
October 17, 2007 5:04 PM | Reply | Permalink
The name calling has started. Soon the Decider will weigh in and tell us how the Dem leadership loves Osama, and that's why they are blocking Cantor's amendment. History suggests that the Dems will fold shortly thereafter.
Is it any wonder that Congress checks in with an 11% approval rating.
Those who would give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Ben Franklin, Pennsylvania Assembly: Reply to the Governor, Tue, Nov 11, 1755
October 17, 2007 5:08 PM | Reply | Permalink
pseudonymous in nc
It's because Pelosi is only a figurehead, and the house is being run by Steny Hoyer and his clique of DINOs. (Not that Nancy seems to have a clue on how to do more than just look good in front of the cameras.)
October 17, 2007 5:08 PM | Reply | Permalink
Don't they have to vote on including this? Assuming there's enough votes from the Dems and rational Republicans, this could be effectively stricken from inclusion.
Probable cause would seem to dictate that this resolution is even more unnecessary then the political hackery it suggests.
October 17, 2007 5:11 PM | Reply | Permalink
They could hold off and bring the bill to the floor under a closed rule (the type of procedure that the GOP used on virtually everything to silence Dems when GOP controlled). Then the GOP would whine that the Democratic majority was being heavy-handed ...
October 17, 2007 5:15 PM | Reply | Permalink
and so the Dems need to add, "Furthermore, nothing in this bill shall be construed to prohibit or interfere with the the responsibility of judicial or legislative oversight of any activity of the executive branch."!
October 17, 2007 5:15 PM | Reply | Permalink
Why is this so hard? Have a Dem propose the following amendment:
nothing in the bill "shall be construed to prohibit the intelligence community from conducting surveillance THAT HAS BEEN DETERMINED BY A COURT OF THE UNITED TO STATES TO BE needed to prevent Osama Bin Laden, Al Qaeda, or any other foreign terrorist organization…from attacking the United States or any United States person."
Then the dems all vote for it. How can it be demagogued then? That the dems like courts and repubs hate them? How will that go over?
October 17, 2007 5:17 PM | Reply | Permalink
Who's running against him in 2008? I'll make out a check today.
October 17, 2007 5:18 PM | Reply | Permalink
The alleged amendment would render the rest of the bill meaningless. Tell Cantor he is a drooling idiot and move on.
October 17, 2007 5:20 PM | Reply | Permalink
"shall be construed to prohibit the intelligence community from conducting surveillance THAT HAS BEEN DETERMINED BY A COURT OF THE UNITED TO STATES TO BE needed to prevent Osama Bin Laden, Al Qaeda, or any other foreign terrorist organization…from attacking the United States or any United States person."
I like "that has been determined in accordance with the requirements of this Act" better. But pretty quick thinking.
October 17, 2007 5:22 PM | Reply | Permalink
Maybe we let Cantor know that we will be glad to keep on listening to Israeli and all phone calls. Maybe he would like to suggest a time frame for the duration of the datamining?
Maybe he would like to volunteer his phone/internet lines as a guinea pigs for surveillence (nothing to hide if you've done nothing wrong, and as a congressman you certainly are a terror target, right)?
/snark
Actually, let the House Dems vote for it if their poliltical hearts deem it necessary, and then strip it out when reconciling with the Senate version.
October 17, 2007 5:22 PM | Reply | Permalink
I am perplexed.
I thought the whole point of controlling the House of Representatives was that by controlling the Rules Committee, the leadership is in a position to prevent this sort of mischief.
Let Pelosi yank this bill and send back a new one with a new rule (something like fifteen minutes debate per side, no amendments, and like that.)
Someone, please, who knows the inside baseball at work here explain why the rule on this bill was so loosely structured.
October 17, 2007 5:26 PM | Reply | Permalink
If a Republican is holding up passage of this bill, why not put the spotlight on him? Instead of scrambling, Dems should emphasize Cantor's obstruction - Another Rubber Stamp Republican propping up a failed president and a failed foreign policy. Dems stand with the Constitution and the Founding Fathers, Republicans stand with Bush and Cheney.
October 17, 2007 5:32 PM | Reply | Permalink
I submit that the logical response is for the Dems to vote for Cantor's amendment, and then add another amendment stating that "It is recognized by Congress that no other provision in this Bill before the addition of the Cantor Amendment in any way obstructs the ability of the intelligence community to properly conduct such surveillance." I mean, if the GOP wants to try to use pure rhetorical radar chaff to stymy Democratic bills, the Dems had better learn to respond by simply flinging it back at them.
October 17, 2007 5:35 PM | Reply | Permalink
I see Bloix beat me to it with an even better idea.
October 17, 2007 5:36 PM | Reply | Permalink
How about responding with impeachment proceedings? Get rid of the criminals and the endless flow of crime will stop as well.
October 17, 2007 5:45 PM | Reply | Permalink
This seems fairly easy to me: Tell the Republican Facists to "go to hell" and add a statement of their own to the bill that nullifys Cantor's meaningless nonsense!!
October 17, 2007 5:46 PM | Reply | Permalink
But just foreign terrorists?
The T. McVeighs are free from surveillance?
October 17, 2007 5:48 PM | Reply | Permalink
Can anybody tell me what that add-on statement means?
I didn't think so.
This means that any effort to attach court supervision is prohibited. Goodbye 4th Amendment. This blanket could also be thrown over any testimony to Congress regarding operational aspects of the program, freedom of information requests.
Why would anybody have a problem with voting against this provision? It negates all of the other provisions in the bill. No wonder they call them poison pills.
What the Democrats need to do is ammend this by adding this language at the end: "other than the formulations set forth in this legislation". This would only negate prior legislation.
October 17, 2007 5:51 PM | Reply | Permalink
Lately I've learned a lot about what the minority can do with a motion to recommit. It's like legislative Jujutsu. Didn't the Dems know how to do this when they were in the minority? They could have stopped a lot of very bad bills from becoming law.
October 17, 2007 5:56 PM | Reply | Permalink
The Dems need to trust that America is on their side. Vote no. Pass the Bill and move on!
The kinds of Republican smears this bill is meant to support are expected and will be rejected. They have so overplayed their hand on this one. Who is going to believe that their congress voted to stop the CIA and the FBI from keeping America safe. It's just absurd. Anyone with half a brain cell still function will automatically assume it's bullshit. Republican smear tactics are like resumes - you expect them to be exaggerated.
October 17, 2007 5:59 PM | Reply | Permalink
I agree that this clearly abrogates the 4th Amendment. Why don't Democrats frame this as a 2nd Amendment issue? If the President can indeed eavesdrop, on American soil, with immunity, and per his Constitutional powers in Article II, what is to stop him from taking your guns away. As Commander-in-Chief under the unitary executive theory would this not be in play as well.
I am not a lawyer so I don't know if I am mixing apples and oranges.
October 17, 2007 6:00 PM | Reply | Permalink
Hold up. This entire story is from Cantor's point of view. His framing. He says Democrats are in dissaray, and Greg dutifully passes it on, with a "more soon".
Hmm...
Perhaps we can avoid adding our echo to the chamber?
Could there possibly be a way to report on this kind of thing without amping it up?
October 17, 2007 6:06 PM | Reply | Permalink
It's because Pelosi is only a figurehead, and the house is being run by Steny Hoyer and his clique of DINOs. (Not that Nancy seems to have a clue on how to do more than just look good in front of the cameras.)
Uhhh, no.......Pelosi does that licking the inside of her lips like she's on speed. The only camera she looks good in front of is a still one.
October 17, 2007 6:06 PM | Reply | Permalink
Cantor always claims that the Dems are dazed and confused. No one should be silly enough to take his word for it.
October 17, 2007 6:11 PM | Reply | Permalink
Cantor is one of the biggest jackasses they have. Is his seat safely (R)?
Agreed -- I can't stand him. And unfortunately, yes, his seat has been quite safely gerrymandered to exclude the blacks and the blue collar workers of the city of Richmond and eastern Henrico County, and to include the country club set of western Henrico and western Chesterfield Counties, and then proceeds northwest through prime horse country. It's one of the most solidly Republican districts in the US.
October 17, 2007 6:17 PM | Reply | Permalink
easy way to respond to this:
add to the ammendment:
"Nothing in this bill shall be construed to give the government authority to violate the US constitution, specifically : conducting surveillance on US citizens without a warrant is illegal."
Release a similar statement to the Repubs like:
Which do they care more about the American people and our Bill of Rights or giving a our president even more power to do whatever he wants in secret?
October 17, 2007 6:19 PM | Reply | Permalink
Fine. Yank the bill and let the temporary legislation expire, thus kicking in FISA, which works just fine.
October 17, 2007 6:21 PM | Reply | Permalink
Allsburg: Who's running against him in 2008? I'll make out a check today.
I have a better idea: He's been mentioned as a possibility to run against Mark Warner for the Senate seat that John Warner is retiring from. Send a contribution for him to run in that race. Mark Warner will beat him handily, and he'll have given up his Congressional seat in the bargain.
October 17, 2007 6:29 PM | Reply | Permalink
Just add the language, "Nothing in the bill shall be construed to prohibit the intelligence community from conducting surveillance needed to determine whether Representative Cantor blows goats."
October 17, 2007 6:29 PM | Reply | Permalink
I agree with the language. However, I would go further to bring it in balance by inserting the following language:
"Provided further that for each instance in which such surveillance failed to meet the requirements of the 4th Amendment or was authorized without sufficient supporting information indicating that there was a palpable, real and imminent threat of terrorist attack, then a member of Congress or Senate that had sponsored the foregoing language and voted to amend the bill to include such language shll be imprisoned for a period of not less than five years without possibility of parole. This provision being necessary to indicate that said members realize the importance of such God given and inalienable rights under the Consitution."
October 17, 2007 6:34 PM | Reply | Permalink
The so-called "Protect America Act" is due to expire in February; after that the only law detailing electronic surveillance is the FISA act. The FISA act provides sufficient means for the intelligence agencies to gather needed information, with proper regard for the Constitution and Americans' right to privacy.
The Democrats' pathetic performance last summer, in rolling over for the Bush Administration in passing the Protect America Act, shows that they cannot be trusted to protect and defend the Constitution.
The Democrats should simply table the proposed RESTORE act, along with any notion of providing immunity to the telecom companies, and close the books on the entire issue here and now. Revising the FISA act should be "off the table" for the present Congress.
October 17, 2007 6:36 PM | Reply | Permalink
I must say, with all the stuntsmanship the republicans pull (this amendment being a prime example) it's amazing no Democrats have cooked up some rather simple counter offensives.
The whole FISA debate could be turned on it's head if a few Democratic congress members simply stated that they absolutely don't believe that Bush has not used his self asserted warrantless wiretapping authority for political purposes.
Libby is a convicted liar and the President still holds him in high esteem.
Giving Bush more authority to secretly listen to private conversations without a warrant is extending a trust to the administration that they are promising not to violate.
What's beyond brazen is they are demanding this trust while simultaneously refusing to disclose any evidence that shows whether they've already violated the trust.
Trust us, we haven't abused our power, but you can't check whether we actually have, and yeah we've had sme people caught lying around here recently -- they were good guys though.
It seems like a position that's just begging to be mocked with official feigned indignance.
October 17, 2007 6:40 PM | Reply | Permalink
How to respond? Some good ideas already in the above comments, but here's mine:
STOP RUNNING LIKE SCARED RABBITS EVERY TIME THE GOPPERS GO "BOO! OSAMA BIN LADEN!"
Every time - EVERY time - anything even vaguely like this comes up, demand of those who propose it "Do you or do you not support the Constitution of the United States?" and don't accept any weasely answers.
October 17, 2007 6:52 PM | Reply | Permalink
Those democrats are so funny!!!!
October 17, 2007 6:54 PM | Reply | Permalink
fwiw, cantor's blog accepts comments
October 17, 2007 7:28 PM | Reply | Permalink
It really is amazing to me how the minority party in the House has as much power as it does. That's based on how little power the Democrats had or demonstrated in the decade before 2006. Geez, Democrats couldn't even get a working microphone without OK from the Republican leadership, and that only as long as what was said didn't upset them. I can see problems in the Senate where the majority is a mathematical fluke. But the House? These Democrats just aren't fighting for Americans. They're looking for an excuse to cave.
October 17, 2007 7:57 PM | Reply | Permalink
I'm confused. I thought people supportive of civil liberties were supposed to be opposed to this bill in the first place. Didn't the GOP just do us a favor?
October 17, 2007 8:01 PM | Reply | Permalink
Here's an idea--do the right thing! Forget what "looks good." Do the right thing! Lead or get out of the way!
October 17, 2007 8:15 PM | Reply | Permalink
I just think Rupugnicans need to be exterminated from the planet. I would rather have my home infested with roaches that have ONE living repugnican on the planet.
Kill em all let God sort em out!!!
Bill
October 17, 2007 9:13 PM | Reply | Permalink
dhs,
Bad news. Apparently the August FISA fix is worse than most people realize. If the bill sunsets, the president still has the power to "temporarily" re-authorize the program for another year. The only way to deprive George W. Bush of this power is to pass a different law. And even then, I'm not sure what happens if he vetoes.
". . . the law doesn't really sunset after six months: The provision is artfully drafted to allow the NSA to continue wielding its new surveillance powers for up to a year afterward."
- Aziz Huq, on Alternet (click on my screen name for link)
October 17, 2007 9:26 PM | Reply | Permalink
It is too bad that the Dems are so fearful of the grade school arguments level the Rs would use aginst them in the next election, i.e., that they voted against protecting the country from that bad, bad (oops! still alive) Bin Laden
October 17, 2007 9:34 PM | Reply | Permalink
As legalize said, if they yank this bill for good, the one that passed in March will expire and we can go back to the old FISA bill. I'd rather see that than see them cave in once again to these juvenile tricks. Why is there no Dem in Congress that can stand up loud and clear and tell exactly what is going on? Clinton? Obama? Dodd? Can we have a little help here?
October 17, 2007 9:41 PM | Reply | Permalink
It's the Republicans who were screaming for a change to FISA. Let them scream some more. FISA as it now stands will work till next November. If they want to play games let them live with the laws we now have.
Why is it the Republicans seem to be able to gum up the works so and when the Democrats were in the same position they seemed so inept?
October 17, 2007 9:47 PM | Reply | Permalink
Actually the amendment doesn't seem to really do anything, since the point of this bill is to legalize something that was previously illegal.
October 18, 2007 2:16 AM | Reply | Permalink
Maybe Al Gore can fix all this. Now I lay me down to sleep, I pray to Al my soul to keep. Please Al, hear my prayer. Save us from the evil Republicans.
October 18, 2007 12:38 PM | Reply | Permalink
Instead of the amendments proposed above, I think a better alternative would be a physical challenge to Cantor, to (a) emphasize the juvenility of his amendment, and (b) tee up arguments as to why Cantor is unwilling to do the things necessary to defeat terrorism. I suggest "provided, however, that this provision will not become effective until Representative Cantor ingests and swallows 30 hard-boiled eggs, 15 live goldfish, and a 15 oz. jar of warmed mayo, all in an hour." What, Rep. Cantor, you're not willing to get a little sick to your stomach to protect this country?
October 18, 2007 12:50 PM | Reply | Permalink