I'm getting lots of questions about FISA and retroactive immunity. Honestly I have no idea what's going on, and I stopped following Senate procedure a few weeks ago.
It seems like the best bet is to force something to Bush he doesn't want and have him veto the bill. Eventually, we're going to get to a February 1 deadline, and Bush will simply put a bill on the table with everything he wants. House and Senate Democrats will then have to decide if they will give him what he wants, or if they will let FISA expire.
It's likely Bush's bill will pass, as it did in August, but that moment will be a great opportunity to put as many Democrats on the record as possible and get a public mandate to fix this in 2009. It would be nice if there were a two year sunset put into the final bill.