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McCain Hits Obama On FISA -- Vote Set For This Morning

With the Senate vote on the FISA cave-in bill set to take place later this morning, the McCain camp moved to take charge of the FISA news cycle, blasting Obama as a flip-flopper and an opportunist in a new statement...

"A few short months ago, Barack Obama outwardly opposed terrorist surveillance legislation, saying that he would filibuster any bill that includes immunity for American telecommunications companies that had been asked by the government to participate in the program. Today, the U.S. Senate will approve legislation providing the immunity Barack Obama supposedly opposed, and despite his promise, he will not support a filibuster. What Barack Obama will do is show that he's willing to change positions, break campaign commitments and undermine his own words in his quest for higher office."

The vote is set to take place at 11:15. We'll bring you Obama's response if and when it comes.


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Didn't Obama say he would "support a filibuster" but not lead it? That's what I remember having read.

Apparently there was an agreement to not filibuster, and that amendments to the FISA bill need 60 votes to pass.
The amendment by Dodd and Feingold to remove telecom immunity, which Obama voted in favor of, moments ago, failed.

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The amendment failed, 32 YEA, 66 NAY. It takes at least 41 Senators to call for a filibuster, so there was no possibility for one. The 66 NAY would have voted cloture in a heartbeat, obviously.

Obama voted YEA to strip telecom immunity.

Only Kennedy and McCain didn't vote. The former due to recovery from brain surgery, the latter due to political cowardice.

YEAs ---32

Akaka (D-HI)
Baucus (D-MT)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Casey (D-PA)
Clinton (D-NY)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Harkin (D-IA)
Kerry (D-MA)
Klobuchar (D-MN)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Menendez (D-NJ)
Murray (D-WA)
Obama (D-IL)
Reed (D-RI)
Reid (D-NV)
Sanders (I-VT)
Schumer (D-NY)
Stabenow (D-MI)
Tester (D-MT)
Whitehouse (D-RI)
Wyden (D-OR)

ZERO Republicans voted YEA. 100% of Republicans voted to preserve telecoms immunity.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00164

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Apparently there was an agreement to not filibuster...

There was no such agreement.

This evening Senator Reid filed cloture on H.R. 6304. Under the agreement at a time to be determined on Tuesday, July 8, the Senate will proceed to Calendar #827, H.R. 6304, FISA. The following amendments are the only amendments in order:

Dodd-Feingold-Leahy amendment to strike immunity;

Specter amendment which is relevant; (60-vote threshold); and

Bingaman amendment re: staying court cases against telecom companies (60-vote threshold).

Debate on the amendments is limited to the times listed below with the time equally divided and controlled:

Dodd- 2 hours, with Senator Leahy controlling 10 minutes;

Specter- 2 hours; and

Bingaman- 60 minutes.

Upon the use or yielding back of time, the Senate will proceed to vote on the amendments.

Prior to the cloture vote, there will be up to 60 minutes for debate equally divided and controlled between the Leaders or their designees, with Senator Leahy controlling 10 minutes. Senator Feingold will control an additional 30 minutes and Senator Dodd will control an additional 15 minutes. Upon the use or yielding back of time, the Senate will proceed to a vote on the motion to invoke cloture on the FISA bill. If cloture is invoked, all post-cloture debate time will be yielded back and the Senate will proceed to vote on passage of the bill.

Pay attention to the bolded text.

The fact that cloture was filed, and a vote scheduled, means there was no agreement not to filibuster. If there was, it would have appeared in the unanimous consent agreement, and a cloture vote would have been superfluous.

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I think McCain's going about this the wrong way. He should wait for the vote and say "I'm glad Sen. Obama came to his senses and backed this important legislation" (pointing out the flip flop) or "I can't believe Sen. Obama would choose the trial lawyers lobby over national security." Calling him a flip flopper for voting for a bill McCain's voting for looks asinine.

I thought the same thing. McCain is attacking Obama for agreeing with him. That's a ridiculous line of attack.

Agreed, unless McCain votes against the FISA bill, which he won't.

He's not even bothering to show up and vote.

I have to agree with SFCWallace here, attacking him now just seems to be politically clumsy.

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Yeah. He's attacking Obama for voting the same way...assuming, of course, that he's going to vote.

And given his voting record over the last year, that's a pretty big assumption.

He's not voting.

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GTF outta here? SERIOUSLY?

What a moron. Him not voting is a softball pitch right down the middle for Obama.

Agreed! McCain's statement is especially ridiculous if he doesn't vote on the FISA bill. With a non-vote,

1) McCain's statement would be tantamount to the following: "Hah! Obama is a flip flopper. He should have followed my lead by behaving spinelessly."

2) Takes any of McCain's derisions of Obama voting "Present" out of play.

Bingo. McCain supports the bill, so he should be happy that Obama will vote for it also.

If I were McCain, I'd say, "I applaud Senator Obama's switch on this bill, which is vital to defending our country from terrorists. I'm glad he's reversed himself on this issue - that is change I can believe in."

What this quote shows is that McCain believes it's more important to score political points than to win support for the FISA bill.

I'd actually be happy about this if I thought it might help derail the bill (which I oppose). But I doubt it matters.

Obama's retort, presuming he keeps his position, could be to argue that McCain is simply engaging in old politics, whereas he's proving that he's willing to compromise and work for what he believes is right, even when it disappoints many of his vocal supporters.

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Why on earth would McCain change the Republican formula for exposing the hypocrisy and weakness of a Democrat that has worked so well for them time after time in the past? They wouldn't. Only Democrats are dumb enough to change a formula that works!

This was entirely predictable and with each and every rightward/DLC lurch by Obama, his campaign will fuel more of this from McCain and every right wing pundit on the net, on the air and in the papers. What a surprise!

Once again, DC Democratic wisdom helps to weaken the Democratic nominee for President. How do these losers keep on peddling the same rotten snake oil to Democrats at the federal level? It's extraordinary how successful they are at sucking in candidates and making them believe that the liberal, genuinely Democratic positions that got them nominated are bad and dangerous and will lose them the election so only by becoming more like the Republicans can they survive in the fall. Are these DC Democrats on the Republican payroll or something? Geeeez!

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I'll say this one time and one time only:

McLame and the Repugs had plenty of help branding Obama a flip flopper. How long was that head on the front page of TPM?


Cause the Democrats just love to cut our candidates off at the knees the minute we get them nominated.

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If you're interested in everyone staying on message and never criticizing 'the leader' even when they screw up, perhaps you should become a republican. I hear that's working out great for them!

If TPM were a site that simply parroted the campaign's talking points and never criticized them or even reported when they'd screwed up, it wouldn't even be worth reading. I might as well just read barackobama.com every day.

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Exactly right.  TPM is not an arm of the Obama campaign.

I agree 100% with Tena and regard the TPM role in attacking the party candiate as disgraceful. No it isn't an opportunity to share and reflect, it is an election. And it requires organization, clear-headedness, loyalty, and work for a single goal. That's how you win. Beating your breast about "the Constitution" when the other guys are about to put Justices on the S.Ct. that will *retire* the Consitution as we know it, that is how you lose.

so we should sit around and not hold anyone accountable while Congress subverts the Constitution so we can vote in a president who will appoint judges who will uphold the Constitution.

clear headed indeed.

"subverts the constitution"

Please.

I agree 100% with Tena and regard the TPM role in attacking the party candiate as disgraceful. No it isn't an opportunity to share and reflect

But in explaining his evolution about the FISA bill, The Leader specifically wrote,

I understand why some of you feel differently about the current bill, and I'm happy to take my lumps on this side and elsewhere...when citizens join their voices together, they can hold their leaders accountable. I'm not exempt from that. I'm certainly not perfect, and expect to be held accountable too...Democracy cannot exist without strong differences...So I appreciate the feedback through my.barackobama.com, and I look forward to continuing the conversation in the months and years to come

Keep ignoring the wishes of The Leader and you'll face party expulsion and a spell in a political re-education/labor camp.

I am flattered, of course, that you give us so much credit, but I think that you are being too generous. The Republicans are not so obtuse that they would have failed to notice the flip-flop had we all made nice about it. That he is taking heat for his reversal is Sen Obama's own fault, not the fault of his supporters.

He knew full well that he would take heat for the reversal as a flip-flopper and took the plunge nonetheless. Evidently, then, he felt that there was more to gain from the triangulation than there was to be lost from the reversal. Because I want him to win, I hope that he was right in that estimation. One way or another, however, he was the one who made that bet and he is the one who deserves the credit (if it pays off) or the blame (if it fails).

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The problem isn't the headlines and it isn't the criticism. The problem is that Obama flip-flopped on FISA and that's a plain, indisputable fact.

Obama's flip flop on FISA was not only wrong and intellectually indefensible, it was a dumb move politically speaking and it was done for the same cowardly, self-defeating reason so many Democrats like Kerry and Edwards and Clinton voted for the Iraq war authorization: they thought it would protect them from Republican attacks that they are "soft" on national security. These sorts of attacks by Republicans on Democrats, by the by, date back to the 1950's. That dumb move on the war authorization was the biggest favor any of them could have done for George Bush and the Republicans attacked them in exactly the same way on the war (despite voting against their principles and their best judgement). Obama's flip flop may well turn out to be the biggest favor he and his campaign do for the Republicans in 08. I want him to win, but if he keeps reviving the usual criticisms of Democrats for the Republicans he could lose.

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The problem isn't the headlines and it isn't the criticism.

It's a problem that he "flip-flopped" on this turd of a bill, yes. The fact that the bill exists in its current version is a colossal disgrace in the first place.

However, to dismiss the headlines and the criticism as not being a problem is shortsighted. The rumblings and criticism of "flip-flopping" primed our braindead media to treat the use of the word "refine" as another example of "flip-flopping". Sure, the media reports, uncritically, the charges and bullshit coming out of the McCain campaign, but its been doing that for some time now.

For progressives to start loudly criticizing Obama as flip-flopping (and I'm separating the issue from the reaction to it) primes this tendency for the media to frame him, and his actions, in the flip-flopping mode.

Next thing you know, it's received wisdom that Obama changes his positions on issues--even his base recognizes that, right?--and pretty soon, old Straight Talking McCain starts to look pretty good to the typical voter.

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Again, the problem is not the headlines or the criticism. The problem is the flip flop itself.

All of this was brought upon Obama by Obama and his foolish advisors who, like other naive and witless Democrats, have committed the same blunder on this as the common wisdom in DC begs Democrats to commit over and over and over on the federal level. How many times does this same stupid move have to wound a Democratic candidate before it gets through to these "smart" guys in DC and the gullible candidates they weaken with it?

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I think dismissing media coverage of this as insignificant is very shortsighted.

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What was shortsighted was Obama taking for granted that no such media coverage would occur and that telling the left to kiss his ass on FISA would somehow "blow over".

This was not just any old issue. This was defending bedrock guarantees of the 4th amendment to the Constitution from being violated in wholesale manner without consequence and to encourage additional violations in the future. Obama's decision to flip flop on FISA was arrogant and foolish in all respects. Every drop of negative ink in the media and every moment of negative airplay is his responsibility entirely and something he should have taken into account. He assumed, quite wrongly, that most "progressives" would just shut up and swallow it, but he was wrong and if he was in touch with his own base and didn't take them for granted (as is so clearly evident) he would have chosen to oppose this disgraceful legislation as he should have.

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Every drop of negative ink in the media and every moment of negative airplay is his responsibility entirely and something he should have taken into account

This is just laughable. Every drop of negative ink is Barack Obama's fault.

Take a deep breath and consider what you just wrote.

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Who, other than Obama, flip flopped for him on FISA?

You are willfully refusing to face facts.

Obama is responsible for Obama's positions, actions, and statements.

His very weak excuse for political "cover" is what is laughable! He caved in like every other weak sister, pathetic Democrat on the Hill after he said he would not do precisely that. That's his responsibility and all that results from the flip flop is his responsibility.

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Could we dispense with the hypberbole surrounding what he has actually said? He never said "I'm voting against FISA". That truly would have been a vote to defend the Constitution.

He "flip-flopped" on the issue of retroactive immunity, which, in my opinion, is the least of the problems with this wretched bill. Excoriate him all you want for not voting against this bill, but the flip-flop has to do with retroactive immunity, not the existence of FISA itself.

Clearly you don't understand that the fault doesn't lie with Obama, but those of his so-called supporters. Just as it's not Bush's fault he's unpopular; it's America's fault.

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That's not the point I'm making. Fault lies with Obama, of course. But to say that everything that comes out of this situation is his fault alone is a bit of a stretch.

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It's no stretch at all. It's quite obvious.

If Obama hadn't have flip-flopped NONE of the criticism would have occured because none would have been necessary. And the Republican attacks would have been there just the same, except now that he has flip-flopped they can also attack him for that and for being willing to do anything (flip-flopping) to get elected just as they have done.

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for being willing to do anything (flip-flopping) to get elected just as they have done.

helped along by an outraged bunch of people on the internets.

Hey guys, Obama voted for the amendment to strip retroactive immunity, so...? He did exactly what he said he was going to, even if the immunity amendment failed.

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Thank you Constantinople! Well put!

Hey HusseinTenaX,

Check out Al Girodiano's take-down of Glen Greenwald.

http://narcosphere.narconews.com/thefield/salons-glenn-greenwald-writes-the-field

You were right, GG seems like a dick!!!

That's really scary Hussein Tena...not for the cultural based name but the fact that so many of you are being so blindly lead. Did we not learn our lessons from the fiasco of Bush Administration to stand up and ask questions????

Think about it for a few minutes before you call me a racist.

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I guess Glenn Greenwald is writing press releases for McCain now.

This is about feeding the anger within Obama's base. Not anything else. It doesn't matter how McCain votes on FISA.

So, in the Senate, some members spend half their time trying to persuade colleagues to change their mind on legislation, and the other half berating them for doing so.

God I hate the "flip flop" attack strategy. "My God, someone changed their mind on something!"

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Well maybe you should blame your candidate for taking such an unprincipled position. If he hadn't flipfloped, he wouldn't get called a flipflopper!

Obama doesn't shit gold, and he needs to get called out when he screws up. If we hold our tongues we'd be no better then the republicans.

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Oops, that was meant as a reply to HusseinTenaX

I agree. Complain, agitage and advocate your positions passionately....but have some understanding that not everyone agrees with you on the FISA issue, and that some of us may even have a principle or two. It's hard for a progressive to believe such a thing about moderates, I know.

And the metallurgic properties of Obama's crap are of no interest to me.

"not everyone agrees with you on the FISA issue, and that some of us may even have a principle or two"

Apparently those "principles" don't extend to the 4th Amendment to the United States Constitution, or to punishing those who break the law.

"It's hard for a progressive to believe such a thing about moderates, I know."

What the hell is "moderate" about expanding the secret, warrantless surveillance powers of the government, and passing legislation that prevents prosecution of entities that blatantly and repreatedly broke the law?

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If moderate implies approving every sell out and every capitulation to the right wing (as it typically does) that isn't principle: it's cowardice and weakness.

Obama didn't change his mind. His flip flop on FISA was a cold, calculated----and stupid----political move that did nothing to strengthen his candidacy with anyone. The only people who don't see the naked and amoral political calculation here are those who refuse to acknowledge the fact that Obama's position today is in complete and total contradiction to his previous position on FISA and the kool aid drinkers are, of course, also blind to the facts.

sigh

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And how is the kool aid today buckeye?

Gee, just fine.

Wait, i have to go to the prayer service and light the votive candles.

What's it like to be a political agnostic?

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Couldn't tell ya Buckeye! I put my faith in beliefs and principles and not in messiah's or idols.

Beliefs and principles?

Other than over-the-top trashing of Obama and/or his supporters, what would those beliefs and principles be?

Or are you just going to con me and anyone else into believing that you're some expert in 4th amendment jurisprudence?

Maybe you are the one who's drinking the kool aid.

On a more meta note: Can't these guys come up with their own attacks? Everything they try to throw at Obama is recylced, either from Hillary's campaign, the 2004 campaign against Kerry or from the interwebs. I seem to recall some articles saying that McCain was driving the news cycles, but everything they come up with is a weak repackaging of prior attacks. The only original line I can come up with off-hand is "My friends, that's not change we can believe in."

Worst. Campaign. Ever.

Indeed. I am delighted to see that Sen McCain has chosen to employ almost exactly the same campaign as Sen Clinton employed, because it worked so poorly for her. Still and all, one rather has to wonder that no one in the McCain camp seems to notice that they are simply repeating all of Sen Clinton's errors over again.

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It worked so poorly for her?

In case you didn't notice, she damn near sunk the Obama juggernaut despite running out of money and facing an impossible uphill challenge as a result of Penn's poor initial strategy. I was not for Hillary and I'm glad she lost, but the fact is, were it not for the foolish tactical decisions of her campaign leadership prior to Super Tuesday, she would have beaten Obama with the strategy you say worked so poorly and she would be the nominee today.

Thus, McCain's people are using a tried and true line of attack and they are doing it with a great deal more lead time and with the benefit of all that Hillary did to lay the groundwork for them from Super Tuesday until the day she dropped out. Her successful attacks on Obama was why I was so disgusted by her scorched earth campaign: it only helped the Republicans and despite it's effectiveness was destined to fall short of the number of delegates needed to win. It never made any sense for her to do what she did after Super Tuesday except to damage Obama's chances. It makes all the sense in the world for McCain to follow suit because his only hope is to make Obama even more distasteful in the eyes of voters than he is himself. Thankfully, he starts out much weaker and much more distasteful than Hillary.

Talk about revisionist history.

The "Obama juggernaut?"

A relatively unknown 3-year, first term senator comes out of nowhere and beats the inevitable one, the former first lady and heiress to the most successful Democratic political machine in the last quarter of a century?

Huh?

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Have another kool aid Buckeye!

Kool aid?

So pithy.

I bet you just thought that one up all-by-your-little self!

Aren't you so clever!

What's it like up on Mt. Olympus, as you look down on us mere mortals?

I mean, you are a constitutional scholarafter all, right?

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And you are a kool aid besotted, true-believer, robot right?

Yes, I'm waiting to see now whether Obama will tell me to sacrifice my wife and daughter.

I'll let you and Glenn Greenwald know what he says once I get my marching orders, 'kay?

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Seriously. The Obama juggernaut wasn't any such thing, or has everyone forgotten how close the race actually was?

Hm, suffice it to say, I find your claims here unconvincing. I think that you are advancing an unrealistically gloomy forecast based on an unrealistically rosy past. I am as disappointed as you are on Sen Obama's FISA reversal, but your propensity to see doom in it (exemplified similarly in other fora on other subjects, such as this) just rings hollow in my ears. I am not saying that I know that you are wrong; I have no more gift of prophecy than anyone else here. I am saying, however, that your intuitions on this subject do not jibe with my own. I find your take on Obama's prospects to be implausible.

==Cause the Democrats just love to cut our candidates off at the knees the minute we get them nominated.==

Party discipline, comrade! Remain loyal to the Leader! Eat everything they put on your plate!

Pardon me, but did someone appointed you the Komissar?

Seriously, we have got to stop the personality cult. He is a politician, not a messiah!

If we don't watch it we will soon be doing self-criticism sessions and wearing "guilty" labels for "disloyalty to the Great One"!

Our candidate did backtrack on his promise regarding what I consider to be a very important constitutional issue, continuous efforts to whitewash this by the uber-loyalists notwithstanding.

That's allright, to a point - politicians do that. I will still vote for him come November. I guess if he keeps doing this over and over again, I will sit the election out. I hope this is an isolated incident caused either by very bad advice or a personal mistake.

But politically, his decision to do what he did turned out to be a big looser, like I have predicted. Had he not voted for the bill, he would have remained aligned with the strong majority position of the American people, and could have easily rebutted the expected Republican attack dogs trying to paint him as "unpatriotic" by exposing them as being in the pocket of the telecoms, which they certainly are.

Instead, the publicly changed his position, with a unconvincing explanation and now is in a long term defensive crouch, fending of flip-flopper accusations. Does he not remember who damaging this was for Kerry?

He really did not have to do this at all.

I don't know if this is as damaging as some liberals think.

What are we going to do? Vote for McCain?

No, if this move helps win some conservatives over to our cause, it's worth it. I still trust that Obama will not be spying on or locking up members of Greenpeace.

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It is far less a question of hurting himself with the left as it is weakening himself with the entire electorate by falling into the Republican trap that was laid for him and which Obama fell for despite having seen this entire scenario play out very, very badly for Democrats time and again over the years! He made himself a flip-flopper on national security. He didn't make himself stronger. He looks like another wimpy Democrat who did this solely to protect himself which ironically opens him up for the very criticism he didn't have the gumption to face in the first place and so in cowardly manner tried to evade. Now he's got it coming at him both ways!

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Had he not voted for the bill, he would have remained aligned with the strong majority position of the American people,

Oh, rubbage. You're actually saying that a "strong majority position of the American people" have an opinion on FISA?

I have to agree with you on this point, dear CT Voter. I think that Obama's shift on this issue was both wrong as a matter of principle and as a matter of strategy. That said, I think it vastly overstates the matter to insist that "the American people" oppose the new FISA "compromise." I see no evidence whatever that any more than ~15% of the electorate are even aware of its specifics, let alone hold opinions about those specifics.

Hm, I read the questions they used in that survey. Given the formulations of questions asked, I am prepared to believe that the survey indicates that a majority of Americans would oppose the provisions of the FISA renewal if they knew them. I am not convinced, however, that the survey indicates that any particular percentage of Americans is even aware of the bill's provisions, so it is difficult for me to conclude from this survey that most Americans even care.

In other words, this survey indicates that Obama could have scored political points by going on offense on this issue. It does not indicate to me, however, that he will actually have lost any support by reversing himself (although I still think that his reversal was a poor tactical choice).

This is all really great, just as long as what you want to do is lose. As long as that is your objective, stand up and fight the good fight. If Mitch McConnell (perfect score from the American Conservative Union in 2006) loses his Senate seat, he might make a good Supreme Court Justice as your rights are verily pissed down the drain.

"What Barack Obama will do is show that he's willing to change positions, break campaign commitments and undermine his own words in his quest for higher office."

And you know what, McCain?

It's working.

Maybe if YOU didn't flip-flop on immigration reform, off-shore drilling, and torture, you would have something to stand on.

As it is, McCain stands for nothing but more of the usual.

I wish Obama didn't change his mind on this. McCain flip-flops with far more ease and frequency.

I trust Obama's judgment will be flexible over time, but not because hi morality wavers.

Obama slammed McCain yesterday for switching his position on immigration reform. So McCain came back with this to take the focus off of the hit that Obama landed on him. TPM does not give a shit if Obama loses. That has been made abundantly clear by now. Greg Sargent, in particular, loves to echo and sustain all attack messages on Obama.

Greg Sargent, in particular, loves to echo and sustain all attack messages on Obama.

liam, you usually have hilarious stuff (in a good way), and also tight analysis. But, this is why we want you to give TPM and Greg a break: they report "talking points," they don't make them up; they report the shit politicians and MSM sock-puppets make up, they don't make shit up. If you don't like reading what Greg posts, you are totally allowed to say so here, but I hope you don't think TPM owes you support for a particular person or issue just because you are an active commenter.

P. S. Bingaman amendment went down 60-something to 30-something.

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It sure seems like the McCain campaign is not doing much of anything except sending out press releases in response to an Obama move.

Seems to me that the McCain campaign is engaging in a lot of reactive politics, rather than proactive politics.

At some point, won't this start to sound like the boy crying wolf?

I am glad that you pointed this out, dear CT Voter. I remember a lot of anguished garment rending on this very blog not but a week ago, about how Obama was merely reacting and McCain was on offense. What a difference a week makes! Now it is Obama who is clearly on offense and McCain is looking like a tortoise trying occasionally to poke his head out long enough to get a word in here and there. Suffice it to say, I like it!

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Yeah.

Unfortunately, though, the McMedia is in so tight with the McCain campaign that McMedia probably isn't even able to recognize this.

==I don't know if this is as damaging as some liberals think.

What are we going to do? Vote for McCain?==

Well, no, but it will tamp down liberal enthusiasm for Obama, which will include a lot of newly registered young people. He needs all of us to win.


==No, if this move helps win some conservatives over to our cause, it's worth it.==

Again, strong majorities of the American people do not want warrantless government spying. What he did was just a basic tactical mistake.

==I still trust that Obama will not be spying on or locking up members of Greenpeace.==

Obama will not by "spying" on anyone - large banks of computers will be doing that, 24/7/365. I really don't understand, having been born in the old USSR, why liberal Americans are so blaze about total loss of privacy and a large lawless intrusion on their communications. Are you people...simple, or you truly don't believe the government does "bad stuff" with information it collects?

Today is definitely "you people" kind of day.

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"you people". Nice.

=="you people". Nice.==

Well, it isn't nice. I use it when I don't understand how native-born Americans think or why they do something.

And I really don't get you people on this one. Why would a supposedly liberal citizen back the erosion of their core constitutional rights, when it brings you nothing but grief - no political advantage, no improvement in electoral changes, just accusations of flip-flopping and a permanent defensive crouch. Further, I don't understand the by now fairly rabid demands to "stop criticizing" Obama, as if we are to blame for the terrible position he took. This is not USSR and he is not Brezhnev. Nor is he a demigod that operates at a level no mere mortal can understand. He is a politician, who in this case has made a terrible mistake, for which he will continue to pay throughout the electoral season and over which may well lose the election. He certainly should be criticized for it - it pains me to see him diminish his chances for victory by shooting himself in the foot like that. All the while his "supporters" hollering that we should ignore his resulting severe limp and a pool of blood.

He is a politician, who in this case has made a terrible mistake, for which he will continue to pay throughout the electoral season and over which may well lose the election.

well put, dimitry. Barack is losing financial support at a rapid clip and he is deflating the enthusiasm of his grassroots volunteers, but it will not be fatal. He won't lose to McSame because of FISA, no matter how much shit McSame makes up.

Ending the occupation of Iraq-- altogether a much bigger deal. Barack is NOT waffling on ending the occupation, as TPM dutifully and constantly reports, contradicting all the MSM made-up shit.

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, dimitry. Barack is losing financial support at a rapid clip

Evidence? Marc Ambinder reported earlier this week that the Obama campaign declined to relay information about fundraising, but indicated clearly that the money spigot was open and flowing nicely.

That quote is not from me, but I would expect Obama's fundraising to take a notable hit over this issue.

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Yes, many progressives expect that. My point was that the evidence that exists suggests otherwise.

But Barack was never a "liberal" he's always been a left-leaning centrist. The whole liberal deal is just the media mouthbreathers repeating Repub slime.

What's the problem people??? Isn't this what many of the anti-FISA posters have been saying themselves lately. Don't try to fool yourselves. If this was a statment from Greenwald or KOS, or whatever other icon of the anti-FISA movement, most of you would not disagree.

I don't have a problem with people who are against FISA, but as Hilary Clinton learned during the primary, once you put it out there for mainstream consumption (i.e. "not ready to be Commander in Chief), then you inadvertently help the opposition with ammo for attack.

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That's a transparently false and unsupportable accusation. Obviously, you had a sudden attack of the vapors which would account for such nonsense. Or perhaps it was just too much kool aid.

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Sorry, somehow posted this as a reply to the wrong post. My apologies.

==TPM does not give a shit if Obama loses. That has been made abundantly clear by now. Greg Sargent, in particular, loves to echo and sustain all attack messages on Obama.==

I think TPM is not officially part of Obama campaign, nor should they be. I don't understand the complaints that a journalism site has not signed on as a mouthpiece of a particular political campaign.

Give them a break, man.

Give them a break, man.

Thanks, dimitry.

I would add not just give "them" a break, give US a break, too. Any of us who have been subscribers, commenters and/or supporters on this site for years don't have to take any shit from any candidate's supporters for expressing our opinion about their candidate. This site is a virtual public forum.

I'm following the FISA vote on the Senate floor at the moment, so I don't have time to go into details about how long I was supporting Barack and how I have responded to his betrayal on FISA, but he did betray us.

Good. Let's stay on the fence. Man. Fuck the election.

What do you mean by give them a break. You just agreed with what I said about TPM, and then you plead for give them some special treatment. I said they do not give a shit if Obama loses. You agree with that, so why do they need to receive a break. If they are just telling it like it is, then allow me to do the same thing. You can remove your lips from TPM arse now.

I said they do not give a shit if Obama loses. You agree with that, so why do they need to receive a break.

liam, did you mean to suggest that TPM owes an obligation to any particular party or candidate?

Incidentally, holy crap Batman, Barack actually showed up and voted for the Bingaman amendment!

No. They do not, but people need to stop buying into the notion that they are a dedicated progressive site that is fully behind the Democratic nominee. They are not. They are in the business of selling traffic, and stirring up debates on all sides, tends to draw more eyeballs.

Urg, only it isn't the same legislation, and he still opposes the immunity, but whatever. If people on the left eat their own on this one, we can't really expect McCain to get it any better.

That's the point. Eat your own. Flock to Nader and get W. elected. It is the principle that matters, not having the goonsquad run the country for another term.

There.

Obama just voted "aye" on the Dodd-Feingold amendment to remove telcom immunity.

Waiting for the response from the flock who claim "he's wiping his ass with the Constitution."

Cloture is the real vote, idiot.

Obama is a f*cking coward and "missed" the vote. Anything after cloture is campaign theatre.

Gawd.

Hey dip-fuck:

The vote had to pass with 60 after Dod and Feingold caved on the filibuster.

Obama is there asshole.

Are you as stupid as your asinine posts show you to be?

Your stupidity is amazing. The cloture vote was on the 25th.

"The FISA Cloture vote just passed. The Senate will now consider the motion to proceed with the bill, then they'll head to the bill itself (Various motions will be put forward to strip immunity, odds are they will fail. Then a number of the 80 who voted to restrict debate will vote against FISA so they can say they were against the bill. However this was the real vote, and the rest is almost certainly nothing but kabuki for the rubes.

Obama and McCain were both absent, as was Clinton."

http://firedoglake.com/2008/06/25/the-real-fisa-vote-passes-80-to-15-with-the-presidential-nominees-passing/

Pathetic. Try again, Junior.


Turn on your television, luddite.
The FISA bill is passing regardless of whether Obama, Hillary and McCain do a public cluster-fuck in favor of removing telecom immunity.

Keep tilting at your fantasyland windmills, asshole.

Yes, but he didn't withdraw from the presidential election, and concede to John McCain, so he really has not gone far enough to prove his liberal purity to the Jones Town Fringe Legion.

Yeah, you got to give him that. He's proven he's no liberal.

While you've proven yourself to be just another flaming troll who adds nothing but feces to the discussion.

And in not withdrawing from the race, he is fornicating and wiping his ass with the Constitution....at the same time!

Smells like coward shit to me.

Smells like troll-shit to me.

Have you ever posted anything here resembling anything intelligent?

))))))))))-crickets-((((((((((

Jones Town Fringe Legion

heh. good one. Where do I get the Kool-Aid?

==liberal purity to the Jones Town Fringe Legion.==

I am really at a loss for words. Why is NOT voting for eviscerating the 4th Amendment considered to be a super-liberal thing to do?

What have we really come to, when supposedly liberal Americans are ENCOURAGING their candidate take away their rights, and be quick about it!

This is just too weird.

==Waiting for the response from the flock who claim "he's wiping his ass with the Constitution."==

If and when (I am still hoping for a "miracle") he votes to pass the new law, he will be eviscerating the 4th Amendment ot the US Constitution. He wil be backing essentially lawless surveilance of American citizens 24/7, with no probable cause whatsoever.

I think we may be watching a large, unforced error by the winning candidate and his campaign, that may well cost him the election. It is really too bad he decided to do this.

don't worry, dimitry, FISA is not going to cost him the election. Just the deep faith lots of progressives invested in him, along with their (collective) deep pockets.

I think we may be watching a large, unforced error by the winning candidate and his campaign, that may well cost him the election. It is really too bad he decided to do this.

yep

==Just the deep faith lots of progressives invested in him, along with their (collective) deep pockets.==

That would be all the young people that we were hoping he will bring to the election as well. Add to that severe loss of enthusiasm from the Left, and strongly diminished financial resources. And lets not forget the large bandwidth his campaign has just lost to the continuous explanation of his change of heart.

So, this is a very bad day for liberty and a very bad day for Obama. Completely self-inflicted, as well. He just lost 5-7% of the top, with more to follow.

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Terrific! Then we can celebrate the McCain Administration, and say to ourselves "Well, at least we were true to the Constitution!"

I don't know why he took this DEEPLY UNPOPULAR position and chose to hurt his campaign, but he did. You do know that American people, by strong majorities DO NOT SUPPORT the position Obama took, don't you?

Your laments should be addressed to Obama's bad judgment or to the bad advice from his campaign he chose to follow.

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And again, when we talk about President McCain, you can be serene in knowing that you stuck up for the Constitution. Enjoy the memories.

No, blame Obama. It was his mistake and his miscalculation.

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And if you choose to sit out this election rather than voting for Obama, you will help to install President McCain.

Did I read that right?

The McCain campaign is blasting Obama for not filibustering the FISA bill?!?

Where are we, Bizzaro world?

Both the Feingold-Dodd and Specter amendments failed by 60-something to 30-something. Specter got a few more votes than Feingold & Dodd. I was in error about Barack's vote: he voted aye on the Feingold-Dodd, not the Bingaman amendment.

Because the Bingaman amendment is up now, third in order.

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Well... McCain's right on this one.

Hey, if a Republican comes out against cancer, I'm not going to come out for it, know what I mean?

McCain supports the new FISA bill, and he support granting civil immunity to the Telecoms, so he is bashing Senator Obama for not doing all he can to stop what he, McCain, is supporting.

Are you saying that you support McCain passing the immunity, and you also object to Obama not defeating that same measure. No wonder McCain can baffle you with a blizzard of illogical bullshit.

Obama never said he'd filibuster. This is classic GOP tactic - tell a lie that looks like the truth, create chaos, and then leave everyone else to sort it out.

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Dmitry, it's a shame more are not listening to your points about the principles involved. It is true, most Americans take their rights for granted, and don't even seem to care much when their rights are taken away. Part of that is the sense of helplessness of "what can one person do."

Still, that's no excuse for supporting someone in doing the wrong thing. And, as you've said, Obama did not have to do this. Likely Obama will vote for the FISA amendment, even with no protections whatsoever, and claim it as some kind of victory, when it's not, it's the opposite.

Most people did not/do not care enough about FISA to vote for or against a presidential candidate no matter which way he voted, so Obama could have STUCK WITH his previous principled stand to support a filibuster, or spoken out firmly against this FISA amendment, and it would likely have died, rather than giving tacit approval of the tactics Reid and Pelosi have made in smoothing the way for this amendment.

--Ron

absolutely right.

We really need to admit that the entire Democratic caucus in the Senate is responsible for this cave-in on FISA, especially Majority Leader Harry Reid. Barack screwed up in a major way, but the whole caucus must be held accountable.

And, no, that doesn't mean we vote them all out of office, it means we give them constant reminders that we are always watching, that there will be payback down the road when they least expect it, and that we are not going to be their slaves.

that doesn't mean we vote them all out of office

though I am all for challenging them in primaries with better candidates.

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If we don't vote them all out of office at our first reasonable opportunity and replace them with people who have a spine and are willing to use it--particularly the leadership, then shame on us!

You have a chance in November. You can vote McCain, Bob Barr, write in Nader if he's not on the ballot. Stick to your principles. A candidate must not merely be good, he must be perfect, and if not, off with his head. Whoever gets elected as a result is of no consequence -- the point is, TAKE A STAND!

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We really need to admit that the entire Democratic caucus in the Senate is responsible for this cave-in on FISA, especially Majority Leader Harry Reid. Barack screwed up in a major way, but the whole caucus must be held accountable.

Thank you for a refreshingly balanced assessment of this clusterfuck.

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Of course we vote them all out of office!

What other kind of 'payback down the road' is there? Sternly-worded letters?

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This is one time McCain is correct.

There is no, I mean absolutely no, disputing the fact that Obama folder like a cowardly compliannt little cabin slave to the telcos and military industrial complex. Obama now has a lifetime pass to Unlce Tom telco's cabin, as does all that voted for this embarrassment. On FISA Obama is a full blown complicit coward that should make Michelle ashamed.

In search of a clue?

Yes, you are!

Congratulations!

I have a question about FISA and the Fourth Amendment. Forgive me if it's a stupid or obvious question, but I'm still trying to catch up with all of this information.

Fourth Amendment:
"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."

According to Wikipedia (I know, not always the best of sources):
The 2008 FISA Amendments Act:

"* Requires FISA court permission to wiretap Americans who are overseas.
* Prohibits targeting a foreigner to secretly eavesdrop on an American's calls or e-mails without court approval.
* Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.
* Allows eavesdropping in emergencies without court approval, provided the government files required papers within a week.
* Prohibits the government from invoking war powers or other authorities to supersede surveillance rules in the future."

Therefore, is he disregarding the 4th, or is he trying to protect it? Three of those bullets amend the current FISA so that the 4th is MORE protected than before by requiring the executive to get court approval before wiretapping. You could argue, though, that the post-warrants are a violation, though most people would probably agree that protecting against the types of attacks possible today require a little more flexibility in terms of time than the types of attacks that could be launched in the 1790s.

It is true that Obama flip flopped on this issue of telecom immunity - but not on the 4th amendment. Obama's flip flop on telecom immunity disappoints me. But, if I understand the FISA provisions correctly, he isn't neglecting the Constitution.

I don't think Obama handled this situation very well, but I also don't think he's the Constitution killer that others now believe he is. Am I misunderstanding the issue? I really don't know, so any thoughtful criticism is welcome. Thanks!

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The Wikipedia article is remarkably shallow, probably not vetted yet, and simply repeats the bipartisan National Surveillance State talking points.

For real analysis, you might start here.

When it comes to judicial oversight of domestic-to-foreign calls, the legislation the House passed last month is an unambiguous victory for the White House and a defeat for civil libertarians. The legislation establishes a new procedure whereby the Attorney General and the Director of National Intelligence can sign off on "authorizations" of surveillance programs "targeting people reasonably believed to be located outside the United States." The government is required to submit a "certification" to the FISA court describing the surveillance plan and the "minimization" procedures that will be used to avoid intercepting too many communications of American citizens. However, the government is not required to "identify the specific facilities, places, premises, or property" at which the eavesdropping will occur. The specific eavesdropping targets will be at the NSA's discretion and unreviewed by a judge. Moreover, the judge's review of the government's "certification" is much more limited than the scrutiny now given to FISA applications. The judge is permitted only to confirm that the certification "contains all the required elements," that the targeting procedures are "reasonably designed" to target foreigners, and that minimization procedures have been established.

Crucially, there appears to be no limit to the breadth of "authorizations" the government might issue. So, for example, a single "authorization" might cover the interception of all international traffic passing through AT&T's San Francisco facility, with complex software algorithms deciding which communications are retained for the examination of human analysts. Without a list of specific targets, and without a background in computer programming, a judge is unlikely to be able to evaluate whether such software is properly "targeted" at foreigners.

The House legislation also drastically extends the timeline for reviewing surveillance activities, potentially allowing the government to commence eavesdropping and then drag out judicial review for months. Under existing law, the government must obtain judicial approval within 72 hours of the start of emergency wiretapping. In contrast, the judicial review of "certifications" can stretch out as long as four months. After beginning eavesdropping, the government has a week to submit its "certification" to the FISA court, which has 30 days to review the application. If the judge finds problems with the certification, the government can continue eavesdropping for another 30 days before it is required to comply with the order. And the government can buy still more time by filing an appeal to the FISA Court of Review. The appeals court may take as long as 60 days to make its decision, and the government will often be allowed to continue eavesdropping throughout the process of judicial review. This means that in many cases, the government will have completed its spying activities long before the courts reach a decision on its legality....

[A]s a practical matter, this enhancement of Americans' privacy rights may prove extremely limited. The government may not "target" Americans under the broad "authorizations" discussed in the previous section, and in some cases the government may discard information obtained about Americans as part of the required "minimization" procedures, but the government would retain significant latitude to decide which information it retains. The paradoxical consequence is that broader wiretapping orders may be approved more easily than narrower ones. For example, the government could not unilaterally "authorize" the "targeting" of a particular San Francisco resident's international communications. However, it could "authorize" a dragnet surveillance program that intercepted the international communications of all San Francisco residents under the pretext that it was "targeting" any foreign terrorists who might happen to communicate with San Francisco residents.

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It's actually the fault of the Liberal Blogs for bringing this up at all. If they hadn't, the McCain camp would never have noticed.

/snark

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