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Obama's FISA Shift

July 09, 2008 10:14 AM

"To be clear," Sen. Barack Obama. D-Illinois, spox Bill Burton told Talking Points Memo last October  about the Foreign Intelligence Surveillance Act, or FISA, "Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies."

Reaffirmed Obama's Senate office in December: “Senator Obama unequivocally opposes giving retroactive immunity to telecommunications companies and has cosponsored Senator Dodd's efforts to remove that provision from the FISA bill. Granting such immunity undermines the constitutional protections Americans trust the Congress to protect. Senator Obama supports a filibuster of this bill, and strongly urges others to do the same...Senator Obama will not be among those voting to end the filibuster.”

In February Obama voted in favor of the an amendment from Sens. Chris Dodd, D-Conn., and Russ Feingold, D-Wisc., to repeal retroactive immunity for telecoms, saying, "I am proud to stand with Senator Dodd, Senator Feingold and a grassroots movement of Americans who are refusing to let President Bush put protections for special interests ahead of our security and our liberty. There is no reason why telephone companies should be given blanket immunity to cover violations of the rights of the American people - we must reaffirm that no one in this country is above the law. We can give our intelligence and law enforcement community the powers they need to track down and take out terrorists without undermining our commitment to the rule of law, or our basic rights and liberties."

**

Free from the political pressures of the Democratic primaries, Obama now says he will vote for the FISA bill even if it doesn't include retroactive immunity for the telecoms.

And moreover, he will no longer support a filibuster of the bill if it doesn't include telecom immunity.

"My view on FISA has always been that the issue with phone companies per se is not one that overrides security interests of the American people," Obama told reporters on June 25. "It is a close call for me but I think the current legislation with exclusivity provision that says that a president -- whether George Bush, myself or John McCain -- can’t make up rationales for getting around FISA court, can’t suggest that somehow that there is some law that stands above the laws passed by Congress in engaging in warrantless wiretaps."

Obama also said the FISA compromise was an improvement since it would put an "inspector general in place to investigate what happened previously gives us insight what has happened retrospectively. So, you know, that in my mind met my basic concerns and given that all the information I received is the underlying program itself actually is important and useful to American security as long as it has these constraints on them. I thought it was more important for me to go ahead and support this compromise."

This has disappointed and upset Obama's liberal supporters -- here's a sample, with Kos hashing it all out on Olbermann.

Or check out the largest social network on Obama's own website -- the 23,000-plus-member strong "SenatorObama-PleaseVoteAgainstFISA."

Here are the votes today:

* The Dodd-Feingold amendment to strike the FISA bill's legal immunity for telecoms;

* An amendment from Sen. Arlen Specter, R-Pen., to limit retroactive immunity for providing assistance to the United States to instances in which a Federal court determines the assistance was provided in connection with an intelligence activity that was constitutional;

* An amendment from Sen. Jeff Bingaman, D-NM, to stay pending cases against certain telecommunications companies and provide that such companies may not seek retroactive immunity until 90 days after the date the final report of the Inspectors General on the President's Surveillance Program is submitted to Congress

That will be followed by a motion to invoke cloture on the full bill (H.R. 6304) as amended -- if amended.  This is the "filibuster" vote -- to vote for cloture is to vote against a filibuster.

Feingold, for example, will vote against cloture, which requires 60 votes.

If cloture is invoked there will then be a roll-call vote on final passage of the bill.

How will Sen. Obama vote on all these measures?

He will support the Dodd-Feingold, Specter, and Bingaman amendments.

Then regardless of how those amendments fare he will vote to invoke cloture -- voting against a filibuster -- and for final passage of the bill.

Meanwhile…out on the campaign trail, Sen. John McCain, R-Ariz, will miss all of today's votes.

- jpt

July 9, 2008 | Permalink | Share | User Comments (113)

User Comments

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The problem isn't with Obama, it's the fact that they don't have 60 votes. It's pretty simple arithmetic folks. Lieberman is the ######, not Obama.

Posted by: mikebdot | Jul 11, 2008 2:52:06 PM

Brad: Love the Jefferson quote.

Reminds me of a teacher I had who gave a magnificent and moving speech about "Rectitude" -

* Moral uprightness; righteousness.
* The quality or condition of being correct in judgment.
*The quality of being straight

We are hungry for it and need it to survive...but we are starving: Congress, President, Supreme Court, their staffs, Corporations, Lobbyists, Police and the list could go on.

The government was set up for the people, but if the people can't handle it the politicians and businessmen will.

Posted by: Francella | Jul 11, 2008 6:47:31 AM

Obama just lost my vote. I am now voting for Nader. I don't care if McCain wins. Screw them all.

Posted by: Brad | Jul 10, 2008 9:59:56 PM

Thank you for enlightening us ObamaforPresident. Because I thought what Bush did was already against the law. And it is to late "pull immunity" they already have it. Your "big picture" has no principles.

In matters of style, swim with the current; in matters of principle, stand like a rock. ~ Thomas Jefferson

Posted by: Now Who | Jul 10, 2008 5:25:37 PM

some of you just don't get it; instead of going back and forth and nothing gets done this was a compromise that will prevent the likes of Bush and McCain from doing so again without a warrantand in the interim he has written (co) a bill that will pull the immunity issue. Sometimes we don't pay attention to the big picture we just go along with the crowd...read people and try to keep up.

Posted by: ObamaforPresident | Jul 10, 2008 4:07:19 PM

Obama is an absolute fraud. His word means nothing. He is just an elitist who cannot be trusted.

Posted by: Billw | Jul 10, 2008 12:36:00 PM

Obama's vote is deeply disturbing on so many levels. Will he shift his position on other important issues, even though they do not reach towards perfect outcomes? Is there any difference between Obama and any other politician?

Posted by: djd | Jul 10, 2008 9:47:39 AM

Sure, Hillary may vote NO in FISA, but voters understood what NO votes she may have cast for other bills. Hindsight is always 20/20.

Posted by: Emlyn | Jul 10, 2008 9:45:31 AM

to think....we could have had Hillary as our nominee. sigh...she voted NO on FISA.

Posted by: Lisa | Jul 10, 2008 4:57:03 AM

Obama said, "Democracy cannot exist without strong differences. And going forward, some of you may decide that my FISA position is a deal breaker. That's OK."

Fair enough, Barack. The Deal is Broke...

Posted by: Edward Sullivan | Jul 10, 2008 4:28:42 AM

Folks, they are one party with two sides who put on a dg and pony show for the public and it is time to end the monopoly they have on our elections and it is time to restore our constitution. This is what we all should be discussing and come together, because the top ruling members of Congress all flip flop.

Ask yourself, will this be used in order for Hillary to get the nomination at the DNC? The votes were close enough and I smell a rat.

Chuck Baldwin 2008 Constitution Party aka The Independent Party in some states.

Posted by: 1776blues | Jul 9, 2008 10:58:47 PM

Bring back Hillary! It's not too late!

Obama isn't officially the nominee until the roll call vote at the convention. I heard that he's trying to prevent a roll call vote for the first time in history, so that no delegates will have a chance to switch to Hillary.

Posted by: Karen | Jul 9, 2008 10:57:17 PM

Mr. Present was too afraid to stand up for the 4th Amendment. I don't trust him at all.

Posted by: Karen | Jul 9, 2008 10:51:34 PM

Will folks you're all wrong,it is not Obama that needs to answer for this.It is the congressman and senators that caved in and dropped this nightmare in Obama lap.

If you need to take a political head then take the right ones.Go after the leadership that caved in and voted to strip you of your rights.

vote Democrat or independent just do not vote for the senators or congressman that did you harm.

The problem with the Democrat party is there is no strong leadership in either house and the Republicans know this.

Intel the Democrats deal with this you better get used to getting clobbered by the Republicans this way and stabbed in the back by your own party.

You need change all rights but that change needs to happen in the Congress and Senate Democrat leadership

Posted by: Night | Jul 9, 2008 10:45:45 PM

Politics is politics just as boys will be boys? This whole issue is pathetic and we all deserve what we get. Does anybody really believe this government (be it presumptive nominee or bona fide elected official) has our best interests at stake? Either or does it really matter? We are a nation in nosedive decline and have nobody but the powers-that-be to blame. One person one vote? Bullsh!t. "We the people" is a rusted, rotting carcass soon to be picked over (again) by the vultures we vote in. ALL politicians are liars and if "We the people" haven't learned this by now then may the above deity have mercy on us all for our own blind idiocy ...

Posted by: Majorie | Jul 9, 2008 7:48:05 PM

No one is standing up for us. Americans, we are being absorbed by our government. It's time to raise up arms against them. Something the founding fathers envisioned we'd have to do one day. The time might be now.

Posted by: Amazed | Jul 9, 2008 7:30:58 PM

Surprise! Now that he has a chance to be President, he wants to spy on Americans after all.

This is what you get for hoping for change but still voting for a member of the 2 party system.

Posted by: Tim | Jul 9, 2008 5:54:02 PM

I am really disappointed with the entire democratic party, specially Sen. Obama. This bill gives us nothing more than was already in the FISA law so all it does is give immunity to criminals. The democrats just agreed to let criminals go free and send a message to all future criminals that there is nothing to worry about breaking a law because you can retroactively change it and for what? So they could restate what was already law? I am done with the democratic party. Not another penny will they ever get from me again. Time for a new party, one who's members will uphold their oath to protect the constitution. This group has to go! Enjoy 2008 it is going to be the last time they get these votes.

Posted by: Greg Davis | Jul 9, 2008 5:51:16 PM

Obama has shown principle in the past, most notably by voting against the Iraq war when the whole country, including me, was banging the war drums.
************************************
Isn't it hysterical when Obama supporters get their facts wrong? And then turn around and accuse others of not doing their homework?

Posted by: None of the Above 08 | Jul 9, 2008 5:50:53 PM

len - I would agree with you but by signing this bill he is agreeing to distroying a major part of the fourth admendment.

Posted by: ghm | Jul 9, 2008 11:56:00 AM
*************************************
Silly, the Constitution and the Bill of Rights is just some old piece of paper with a bunch of words on it written by a bunch of dead white dudes who wore tights and wigs.

For the Dems on here who are upset and shocked over this, FYI: Clinton voted NO (and FWIW, the Dems haven't YET officially nominated any candidate).

Posted by: None of the Above 08 | Jul 9, 2008 5:48:59 PM

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