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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)

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Notice, McCain, Bush, Pelosi,and most of the 500 plus legislatures that voted
for the rivised bill all get a pass, except Obama.

Makes you wonder if this really is about concern over FISA or defeating
the Obama.

Posted by: MrUniteUs | Jul 9, 2008 5:47:00 PM

spock | Jul 9, 2008 11:00:57 AM

since he CO-WROTE the immigration bill, why did he not account for whatever excuse you just gave me, OR LESS Kennedy DID ALL THE WORK and mccain just signed his name, to pretend that he reaches across the aisle.

futher more, all the things mccain reached across the aisle for (against bush tax cuts, against torture, against drilling, immigration bill) he has FLIPPED-FLOPPED on ALL of it. so what exactly has he really done to reach across the aisle.

Obama on the other hand has reached across the aisle on FISA in order to pass the bill.
*****************************
Please check your facts. Obama authored an AMENDMENT to the immigration bill, not the whole darn bill itself.

McCain's positions have "evolved", just as Obama's positions have "evolved" as both gain better understanding of reality.

Mr. Obama did not reach across the aisle on FISA. He bent over it.

Posted by: None of the Above 08 | Jul 9, 2008 5:44:50 PM

Those who are upset with Obama on this FISA issue don't really seem to understand what is going on.
First off there were three separate attempts to strike the telecom immunity provision from the bill. Obama voted for all three of these efforts, even though they failed and were destined to fail. He nonetheless upheld his stated preferences regarding telecom immunity by supporting these very reasonable amendments to strike that language from the bill.
It was clear by the language of Sen. Rockefeller that given the effort that went into this bill given the resistance on both sides for a compromise, that the powers that be had already negotiated its finality. After these three final attempts to modify it, we stood to lose more than gain, strategically, had Sen. Obama voted against cloture. FISA will be coming up again in a few years, and we should all work to assure that the political landscape is quite a different thing to behold at that time. There will be ample opportunity to do so under an Obama administration.
As it stands, this FISA bill gives us more protections against abuse than we all enjoyed yesterday, even though it can always be better ...much, much better.
Castigating Sen. Obama doesn't change the outcome, nor would the outcome of the passage of this measure be any different had he voted differently. The only thing different is that those who oppose him would have ammunition to paint him as weak on national security.

Posted by: Alamantra | Jul 9, 2008 5:33:09 PM

Looks like Bob Barr just gained a raging tide of Obama supporters. At least, the ones that were smart enough to know that McCain isn't any better.

Posted by: Anonymous | Jul 9, 2008 5:21:07 PM

Hahahaha! We've got nobody else to blame but ourselves. Dumb voters-taken in by some good speeches from Obama. Do you still think he is still the best candidate? How stupid can you get? I saw through this guy since day 1 and the moment he opened his mouth months ago that he is not a straight shooter. I knew he would say anything to get elected. Well he is another liar who all these dumb voters are going to put into office come November. The othe one is still in office. Open your eyes, America! Next time don't get fooled too easily. Use your brain!

Posted by: JohnT | Jul 9, 2008 5:20:45 PM

Hahahaha! We've got nobody else to blame but ourselves. Dumb voters-taken in by some good speeches from Obama. Do you still think he is still the best candidate? How stupid can you get? I saw through this guy since day 1 and the moment he opened his mouth months ago that he is not a straight shooter. I knew he would say anything to get elected. Well he is another liar who all these dumb voters are going to put into office come November. The othe one is still in office. Open your eyes, America! Next time don't get fooled too easily. Use your brain!

Posted by: JohnT | Jul 9, 2008 5:20:35 PM

This gives democrats a chance to switch back to the good candidate.

Let's hope they take it.

Posted by: Trevor | Jul 9, 2008 4:50:45 PM

I can't believe some of the things I'm hearing. Some people who are coming to see Obama in new light are talking about switching to McCain, or wishing Hillary were back, or writing in Gore. I mean, c'mon, people! Has everyone gone completely insane? The whole point that you should be taking from this episode in political history is how to spot your typical politician and what a typical politician stands for. All four of the aforementioned names are of typical politicians. If a politician is taking in large sums of money from lobbyists and the like, they are, what I would call, a typical politician, because they will ultimately adopt policies that are favorable to those who pay them off. It is as simple as that. How about trying something different and vote for an atypical politician, huh? That's the conclusion that we should be coming to. Please, I entreat you, look outside your Democrat and Republican parties. The Green, Constitutionalist, and Libertarian parties host atypical politicians.

I really wish people would start to think outside of the 2 party box that we've been in for so long. If we were to look at a political spectrum, both Democrats and Republicans would fit quite closely together and both would be to the right of moderate policies. The Democrats are only liberal in comparison to the Republicans. We all know that the policies of the United States government are failing the people of the United States. If we want something different then we need to look somewhere else on the spectrum.

Posted by: Monsoon Rider | Jul 9, 2008 4:35:47 PM

ML said: "Edna, well said!!! You could't have put that any better." Thank you, ML!!! It is very lonely to be a liberal Democrat who sees right through Obama these days, but hopefully someday very soon (as in, BEFORE the convention makes him the official nominee of our party), everyone will see him for the hypocritical phony that he is. As you said, both choices on the ballot are unacceptable. I understand your decision to go for McCain, although personally I cannot bring myself to actually vote Republican. I am a lifelong, loyal Democrat and I have always voted for our nominee. This year, I will be writing in another Dem (Al Gore), not that he has a shot in heck of winning, but only because I have so much contempt--utter contempt--for Obama at this point that I literally cannot vote for him. I could go on and on giving specific examples of why I feel that way, but just the way he and his campaign have treated Florida is enough. He has contempt for me and my vote, so why should I give it to him in the general? More importantly, he has contempt for a fair, democratic process, and I can't vote for someone like that.

Posted by: Edna | Jul 9, 2008 4:30:35 PM

I don't like Obama or many of his supporters, but this is just plain wrong.

To lead people on, and give them hope, make them trust and believe he is a different kind of politician.

Obama blatantly lied about this one.
He promised in the primary he would vote against FISA. This issue is huge to many people. And I'm sure Obama has disappointed those people.

I'm glad I never trusted him to begin with.

Hillary/McCain

Posted by: cindy in nc | Jul 9, 2008 4:12:26 PM

I wonder what the view is like under Obama's bus. It just got a lot more crowded.

Posted by: riley | Jul 9, 2008 4:01:48 PM

Johnny - The country can not hold criminal liabilty a company that assists it in stopping terrorists!!

It is funny that you libs want to sue a company for keeping us safe!!

Next time I hope they hit a lib city and not NYC because if you libs get your way we will be attacked again.

Keep in mind the lib mentality of appeasement and ignoring and environmental extremism has killed more people in the last 40 years then all of our wars combined!!!

Posted by: spock | Jul 9, 2008 3:53:59 PM

dl - you must not be listening to Obama, but then again to know anything you got to see him multiple time to see what his opinion is each day!!

McCain is the only straight talker there is,!! the only answer for us!!

Remember Obama was flopping from day one - Ahh I promise not to run for President during my first term as Senator - 2 days later I decided to run for President and notr fulfill my Senatorial work!!

Posted by: spock | Jul 9, 2008 3:49:56 PM

Ah, but the vote does not obviate immunity from criminal prosecution, only civil action, and moderates are keeping mum on that point.

Let's settle down.

McCain's absence speaks volumes; there's a guy who will say anything (but do nothing to back it up) to get elected.

Posted by: Johnny | Jul 9, 2008 3:29:36 PM

You know what, just impeach Bush and been done with it! Americans are sick of this crap!

Posted by: Ray | Jul 9, 2008 3:27:03 PM


OBAMA, THE MASTER FLIP-FLOPPER

We need a movement to reconsider Clinton in Denver. To paraphrase Obama himself, Obama is not the man we knew.
He will do anything for political expediency. The man is a fraud.

Posted by: Billw | Jul 9, 2008 3:17:05 PM

How about the crimes by the Bush crime family? WHAT IS GEORGE BUSH HIDING?? should be the headlines.

Posted by: Kirk | Jul 9, 2008 3:16:46 PM

Edna, well said!!! You could't have put that any better. Obama IS a hypocrite. I am hoping (for the good of our country) that for every day that Obama flip flops, makes excuses or blames someone else for his views, choices and reversals on his policies, the day will come when America will see him for what he truly is before it is too late. I will be voting for McCain. The choices we have are unacceptable.. and Obama will never get my vote. With John McCain, at least we know he loves his country and has moral integrity.

Posted by: ML | Jul 9, 2008 3:13:58 PM


Charles Sawyer said:
" During the campaign, I really didn't like Hillary, didn't feel I could vote for her. But now I'm feeling different like many Obama supporters."

Obama has changed direction and/or fibbed on the following:

Campaign finance
The Iraq war
Reverend Wright
Men he knew like Rezko, Ayers, Pfleger, and Weathers
Date of his conception
Opposition to handguns
Israel and Jerusalem
Payroll taxes
Capital gains taxes
Abortion
Wearing a lapel flag Pin

He would not have "won" the nomination anyway had his Wright baggage been know at the outset before the first 11 primaries. It was nip and tuck after that.

Posted by: Billw | Jul 9, 2008 3:11:25 PM

Just as MCCain does. As Instructed! Once this guy had his own voice, now just tow the company line.

I really dont understand all of the Hillary people. Do you really think that she woulnd't sell you down the river to all of the drug companies just as fast as Obama bends over for the phone company. Somebody please expalin to me how Hillary would not be just as bad or worse than these two?

Posted by: Steve | Jul 9, 2008 3:08:03 PM

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