Elections Have Consequences

by: Matt Stoller

Fri Mar 14, 2008 at 17:45


McJoan has the news on the FISA victory today.  It's a bit hard to describe just how much work this took and how significant a change this represents.  I never believed we had a chance to stop immunity for telecom companies, I thought it was a fight worth having anyway.  But something has shifted in the last few weeks that suggest this Congress is willing to stand up to Bush.

There were always two leverage points for the right on this one.  First of all, the fake deadline that would leave our country vulnerable was trotted out as an excuse for expanding wiretapping authority and immunizing telecoms.  I had private assurances from senior Democrats that they would make sure that the country fixed this vulnerability before the temporary FISA fix expired in August.  Amazingly, the House was willing to let the bill lapse and go back to the 1978 FISA law, and called out the dishonest characterization instead of knuckling under to Bush.  Second of all, 21 Bush Dogs wrote a letter asking to pass immunity for telecom companies.  Those Bush Dogs create a pro-immunity majority, which gave pro-immunity Rockefeller all the leverage in House-Senate negotiations.

The Republican House secret session nonsense, combined with the amazing organizing by the ACLU and Glenn Greenwald, Jane Hamsher, Marcy Wheeler and Christie Hardin Smith and good leadership by Pelosi, Conyers, and Hoyer, and some bravery by House freshman Nancy Boyda, brought the Bush Dogs away from their position.  An intelligent compromise - that phone companies would be allowed to submit evidence in court despite state secret arguments from the President rather than getting blanket immunity - allowed the Bush Dogs to vote for national security instead of the telecoms.

Here are the Bush Dogs that voted correctly on the FISA bill today (h/t Marcy Wheeler).

Congressman Joe Baca (D-California) http://www.house.gov/baca/
Congressman John Barrow (D-Georgia) http://barrow.house.gov/
Congresswoman Melissa Bean (D-Illinois) http://www.house.gov/bean/
Congressman Marion Berry (D-Arkansas) http://www.house.gov/berry/
Congressman Leonard L. Boswell (D-Iowa) http://boswell.house.gov/
Congressman Allen Boyd (D-Florida) http://www.house.gov/boyd/
Congressman Brad Ellsworth (D-Indiana) http://www.ellsworth.house.gov/
Congressman Jim Matheson, (D-Utah) http://www.house.gov/matheson/
Congressman Charlie Melancon (D-Louisiana) http://www.melancon.house.gov/
Congressman Dennis Moore (D-Kansas) http://www.moore.house.gov/
Congressman Earl Pomeroy (D-North Dakota) http://www.pomeroy.house.gov/
Congressman Mike Ross (D-Arkansas) http://ross.house.gov/
Congressman Zack Space (D-Ohio) http://space.house.gov/
Congressman John Tanner (D-Tennessee) http://www.house.gov/tanner/

Heath Shuler and Chris Carney did their usual Bush enabling.  I will have more soon on the amazing victory this vote represents.  Democrats do not and have not stood up to Bush and the right-wing on national security, ever.  Only this time, they did.  And it looks like it might just become a habit.  Immediately after the vote, a slew of Democrats running for office issued statements on the vote and at least one referenced Bill Foster's victory.  There's nothing stronger in politics than running on an issue, and that's what is happening right now.

Congratulations to all involved.  And to the 400 people who gave some cash to Bill Foster, and to the many others who volunteered to get him elected, kudos to you.  Elections have consequences.

Matt Stoller :: Elections Have Consequences

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This really is wonderful (0.00 / 0)
In this vote and in the leadup to it, the Democrats really have been acting the way we want Democrats to act-- the way we elected them to act.

I have to say though, I find it interesting the possibly most tangible victory yet this term for the Democrats has been ... preventing the Republicans from achieving a policy goal, in one case. The victory here is real, but the victory in itself is merely the continuation (some modernization, but primarily the continuation) of the FISA regime we've had since 1978. Yes? Ostensibly the Democrats control the Congress, but even at their most aggressive they're still playing defense.

Here is what I wonder. Is there a way to make this victory not the ultimate high point of this term, but just the first in a string of progressive victories?


Cautious optimism (0.00 / 0)
However, I believe we need to be very careful before we start congratulating all of these Reps.

Reps Barrow, Bean, Carney, Cooper, Davis, Donnelly, and Lampson voted with 182 Republicans on Roll Call 143, which preceded the final vote. http://clerk.house.gov/evs/200...

Reps Cooper and Lampson voted with 185 Republicans on Roll Call 144.

And, of course, we know on the vote for final passage, Reps. Boren, Carney, Cooper, Holden, Lampson, and Shuler voted with the Republicans. [At least Cooper and Lampson are consistent.] http://clerk.house.gov/evs/200...

I think we should be very, very careful about counting Reps. Barrow, Bean, Davis, and Donnelly among our friends on this issue.

However, if 10 defections is all we have to worry about, that bodes well for our prospects for eventual victory on this matter. But I wonder how steel-spined the other members of the usual capitulation caucus will be when push comes to shove.

Boy, it sure would be nice if we had some leadership in the Senate to make this game seem more winnable.

But, on the merits you're right -- today was a good day.  


Huh? (0.00 / 0)

Boy, it sure would be nice if we had some leadership in the Senate to make this game seem more winnable

Dodd, Feingold and Leahy don't count?  Or do you mean Reid?

Incidentally, both Reid and Leahy have strong statements in support of the House vote today.  

Reid has been weak on this, but I tend to believe he doesn't actually favour immunity, and might even be happy about the pushback.  Now he has more ammo to whip his caucus with.


[ Parent ]
I mean Reid (4.00 / 1)
We'll see if a change in the legislative paradigm allows Mr. Reid to actually do right by the rest of us.

But, absent all of that, he is the greatest single actor that allowed retroactive immunity to nearly pass. He can release all the statements he wants to, but he is the one that decided to disregard Senator Dodd's hold and to substitute the SSCI bill for the SJC bill.

Actions speak louder than words. Mr. Reid has made his allegiances clear.  


[ Parent ]
I've given as much as I can this cycle. (0.00 / 0)
I haven't reached legal limits.  I'm just getting tapped out.

But we need to do something to let the good guys that caved to us know that we appreciate it.  Please, you guys with deeper pockets than me, throw some love to these guys.  Do it now, to reinforce their Pavlovian reaction!  

Fighting Bush == Ringing bell == New campaign donors == Dog saliva drooling down lips.



What turned it around (0.00 / 0)
What I think turned it around was the argument that immunity isn't for telecoms.  That it was actually for bush.  

The liberal wiki
Send an email to terra@liberalwiki.com


Bush dogs. (0.00 / 0)
So what, exactly, defines one as being a Bush Dog?
I know there's the whole page about it, but it basically only says Iraq and FISA -- which these guys have voted against.

I'm trying to figure out if I'm a Bush Dog or not.


Just to be clear (4.00 / 1)
We are not going back to the 1978 FISA bill.  That's what Republicans have been intimating the whole time, suggesting that we won't be able to deal with Internet traffic, cell phones, etc., because it's out of date, but it's been updated numerous times and those updates, with the exception of the Protect America Act, remain law.

John McCain

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