Today’s Must ReadThe squeeze is on.
You remember how it went last time: with time running out before the end of the congressional summer recess, the administration, with the help of some key Democrats, managed to push through a far-reaching surveillance bill.
And once again, five months later, some of the same conditions have been created. The administration’s bill, the Protect America Act, is set to expire February 1st. Republicans and the administration have consistently opposed Senate Majority Leader Harry Reid’s attempts to push that deadline back.
And yesterday they managed to vote down the Senate Judiciary Committee’s surveillance bill (which does not have retroactive telecom immunity) and block votes on any amendments to the intelligence committee’s version, which does contain such immunity. As the Republicans have demonstrated, the Senate’s rules make it easy for the minority to make trouble.
The table is set for Monday, when the Senate will vote on Senate Minority Leader Mitch McConnell’s (R-KY) attempt to end debate on the intel committee’s bill. That motion to invoke cloture will need 60 votes to pass. If it does pass, then the Senate would immediately vote on the bill, which civil libertarians dislike for a number of reasons beyond its measure granting retroactive immunity to the telecoms.
The major papers took a look at what happened on the floor yesterday — particularly the defeat of the SJC bill — and declare that it was a great day for the telecoms.
Yes, the SJC bill, which contained no retroactive immunity, did get voted down 60-36 with the help of twelve Dems. But it’s far from clear that those same twelve Dems would vote to invoke cloture and prevent votes on the various other amendments. One of those Dems, for instance, is Sen. Bill Nelson (D-FL) who is co-sponsoring an amendment by Sen. Dianne Feinstein (D-CA) that would throw the immunity question to the secret FISA court. Will he vote to prevent a vote on his own amendment? That seems unlikely. The Republicans need all twelve of those votes in order to invoke cloture.
So it will become a question of who’s getting squeezed. Monday’s vote is sure to be in the spotlight. It will be right before the President’s State of the Union speech, making it likely the presidential candidates will show. And if that vote for cloture fails (my timid prediction), Sen. Reid has signaled that he’ll try to shift the emphasis to the Republicans’ obstructionism. Yesterday on the floor he declared: “It appears that the minority, the President, and the Republicans want failure. They don’t want a bill. So that’s why they’re jamming this forward.” (You can read a longer transcript of his remarks here.) Whether a media narrative of Republican obstructionism can take hold — something that certainly hasn’t happened so far — is another question.
