Senate Dems Pass Surveillance Bill: Obama Votes YES, Clinton Votes NO

There goes the Fourth Amendment. Rather than appear "soft on terrorism," Senate Democrats once again caved in to the Bush Administration and passed a broad, warrantless domestic surveillance bill that "violates the Fourth Amendment and eliminates any meaningful role for judicial oversight of government surveillance."

The FISA Amendments Act of 2008 was approved by a vote of 69 to 28 and soon will signed into law by President George W. Bush. This bill legalizes the president’s unlawful warrantless wiretapping program revealed by The New York Times, and, provides immunity for the telecom companies that helped the Administration listen on your cell phone calls and check your email. The program has been extensively discussed on Rod 2.0 such as here, here and here.

The ACLU on the bill:

The FISA Amendments Act nearly eviscerates oversight of government surveillance by allowing the Foreign Intelligence Surveillance Court (FISC) to review only general procedures for spying rather than individual warrants. The FISC will not be told any specifics about who will actually be wiretapped, thereby undercutting any meaningful role for the court and violating the Fourth Amendment’s protection against unreasonable search and seizure.

Via Politico is a view of the interesting party split on the vote : "Twenty Democrats, including Illinois Sen. Barack Obama, the party's presumptive presidential nominee, supported the measure despite continued resistance from Majority Leader Harry Reid (D-Nev.) and Obama's former rival, Sen. Hillary Rodham Clinton."

Democrats voting in favor of final passage of the FISA bill: Bayh - Carper - Casey - Conrad - Dorgan - Feinstein - Innuoye - Kohl - Landrieu - Lincoln - McCaskill - Mukulski - Nelson (Neb.) - Nelson (Fla.) - Obama - Pryor - Rockefeller - Salazar - Webb - Whitehouse.

Democrats voting against final passage of the FISA bill: Akaka - Biden - Bingaman - Boxer - Brown - Cantwell - Cardin - Clinton - Dodd - Dorgan - Durbin - Feingold - Harkin - Kerry - Leahy - Levin - Lautenberg - Murray - Reed - Reid - Sanders - Schumer - Stabenow - Tester - Wyden.

This is an excessive abuse of power by the Bush Adminstration that has been opposed by many progressives, legal scholars, gay rights organizations, environmentalists and the privacy and consumer lobbies. Clinton, Dodd and Obama campaigned against this bill and promised to oppose its passage. Two kept their promise. Shame on anyone—especially a gay man or woman—who puts their candidate before the Constitution and tries to defend why it's good politics to take away privacy rights. It is not.

Comments

[blkbandit]

Once again Obama shows the nation his true colors. He is a wolf in sheeps clothing people. WAKE UP!

[taylor Siluwe]

Oh please people.

Obama is justing doing what ALL candidates to in the general election -- move to the center. He didn't come this far to lose. He's got to blunt the inevitable republican attacks that he's soft on terror, that we're in danger if he's president, yada yada ....

Obama is either very smart or very stupid (you decide). I personally don't think that this Jesse Jackson mess is as accidental as it seemed. At the very least, Obama
comes across as the young, new school up-start at loggerheads with the stuffy old guard. Points for him.

And lastly, stop reliving the primary and comparing Clinton to Obama. To what end?? There are only two people to worry about now ... John 'i hate the gooks' McCain and Barack Obama.

[ATL KID]

Oh, Taylor, do you really have to come over here with those tired talking points? Obama is not moving to the center. He was always a centrist. This is moving to the right. Weren't you the one who was criticizing you-know-who for months as 'Repubican lite'? I guess when Obama votes with Bush and Cheney it's just 'what all candidates do.'

But as long as you are happy with the government being able to intercept your email and cell phone calls without a warrant, okay. I'm not. But nice try, sweety.

[Greg G]

McCain and Obama have the same position on this bill, Taylor. And I'm very concerned how Clinton and Schumer voted. They are my senators.

This is the 4th Amendment we are talking about, not some twink blatino porn star. You are out of your depth on politics.

[Ryan]

Taylor:

SHUT UP! stop with the sorry ass talking points...

are you seriously going to consider supporting someone who is going to allow the government to FREELY listen in on conversations without our permission?

really? are you...i think this post is QUITE fair in showing not only how much of a flip flopper obama is, but how willing he is to rip out his backbone to be president...

sorry, but if this was clinton, you'd be calling her every kind of stank hoe, white b*tch, racist, etc. for doing this...when her voting NO is way more on point than BarWack voting yes...

this law threatens the right to free speech and free speech in the privacy of your own home...

surely, you wouldn't want the government listening in to your conversations? would you?

its clear to me that you really DON'T.HAVE.A.CLUE.AT.ALL

and to even accuse rod of comparing clinton to obama is yet doublespeak for the kind of conservative, republican-esque, bullshit rhetoric that obamabots used in the primary and now as he campaigns to november..

get a damn grip. YOU CAN'T HAVE IT BOTH WAYS....get over it.

obama is wrong for doing this and it will most definitely come into play later this year and come BACK to haunt him..as it should.

[Anton D]

This is a very bad piece of legislation. I was an Obama supporter in the primaries, and still am supporting him, and opposed Bush having these powers for the past two yeras. I'm not going to flip flop and now say it's a good idea, that is hypocritical. And yes, Clinton voted the right way, I wish Obama did the same.

Frankly, I don't think Obama is gaining any more votes by trying to out McCain McCain. He's probably losing more Democrats, with all these flip flops. I'm still voting for him but it is very troubling to see so many supporters who rationalize everything he does. It is becoming cult like.

[J Matt]

I just hope Black America wakes up and smell the decaf. Obama is a centralist...and that's what he's trying to do to beat McCain this fall. Even Jesse Jackson knows that...it's a shame what we say when we are off camera. LOL. I just feel so sad that we would trust someone we barely know...so quickly...and when they vote wrong, we don't chastise them like we should.

[taylor Siluwe]

Matt: Jesse? I don't think we want to drag Jesse into this. He's annoyed with Obama, but for his own reasons.

Anton: The legislation is bad. Hopefully this tactic won't blow up in his face. However, no one seems to care that the republicans are going to try everything to stop this train. Obama, and his advisors, obviously think this is smart. I hope they're right.

Ryan: Wow. Aren't our panties in a knot. You ranted, "to even accuse rod of comparing clinton to obama is yet doublespeak for the kind of conservative, republican-esque, bullshit rhetoric that obamabots used in the primary and now as he campaigns to november.."

I meant all that? I just thought I meant he was comparing Clinton to Obama. I guess I'm more cerebral than everyone on this thread is giving me credit for. Or maybe I'm just crazy.

Greg G: I wish this was about a twink blatino porn star, but alas its not. Maybe I'll just turn over my voting privilege because I do like the sexy and frivolous and lawd knows we don't need any twinks in office. Or do we? I know of a few senators that would be proud to have them. Why don't we let me worry about my "depth", and you take care of yours.

ATL KID: Yeah, moving to the center is clearly a talking point. You are the only one espousing criticism of my position that didn't get under my skin. Except, I don't think I ever said 'republican lite' -- you may have me confused with someone else. Although I could be wrong, in which case I'll take a page from John McCain and say, "I don't recall that legislation."

To everybody: What I'm upset about most is everybody's willingness to bash Obama with almost unabashed glee. McCain switches, changes or just plain forgets his positions, but all they talk about is Obama tacking to the right.

Jesus guys, someone would get the impression you don't want him to win.

[Rod Mc]

TAYLOR The reference to me was a joke, right? Clinton is my senator and I have every right to reference her position. The votes of all the Democratic senators were posted. Obama promised several times to oppose this. He went back on his word. Period.

I've criticized this surveillance for two years and will not debate it in comments. You have a blog. Since you feel so strongly, go on record and tell your audience "it's smart" and you "hope it's right" for Bush and McCain to wiretap their phones, search their computers and read their emails without a court's permission. I don't think you can.

[Greg]

No one said they were voting for McCain, so, it's useless to bring up his baggage. FWIW, McCain and Obama and Bush share the same position on this bill. That's why people are upset. Democrats are weakened and cannot criticize Bush for surveillance if Obama goes along. This is a lot bigger than one candidate. It's about the constitution and your right to privacy.

Taylor, you can support Obama and need to learn to say when he is wrong. Rod is absolutely right. Go to your porn blog and tell your readers that you believe the government should take away their right to view those pictures and read you blog without fearing the government is watching. I won't hold my breath.

[Ryan]

Taylor: YAWN

my panties aren't in a bunch you spit the same obamatalk that's been such a problematic part of his campaign.

you must be idiotic to think that Barwack signing this bill is a good thing...so you're ok with the government listening to your conversations? your house being bugged?

you must be...everyone else, ISN'T. this bill gives the government the right to invade our privacy as american people...

they aren't going to find terrorist or expose terrorist cells here in the states..they are setting the stage for a real life 1984....plain and simple.

and if you do feel so strongly about this, post it at your site.

[taylor Siluwe]

This is really a hot issue when everyone is telling me to go to my own site.

Hmmm.... That's a seriously spineless play. I thought this site was about an exchange of ideas, differing opinions and whatnot. Who knew I had to tow the line?

I haven't heard one person say why they suppose Obama voted the way he did -- other than 'your' talking points of he's flip flopping, he lied, yada yada. No one ever seems to care about the countless times McCain does it. Both candidates will give a right nut to get in office! WE ALL KNOW THAT. If Obama got behind this bad bill, I believe he has a good reason. You guys just want him to fall on his face. For the life of me, I don't understand why.

And after all, the only other option is McCain -- and that chills me to the core.

[Ryan]

taylor: *YAWN*

i find it funny that you call people's comments spineless play, yet you can't seem to explain WHY you would agree with obama voting for this measure...

there is no good reason for this bill...none at all.

nobody wants him to fall on his face. But, i believe we ALL want him to be held accountable for the choices and actions he make which will DEFINE his term in office..if he becomes the next President of the United States...

The Democratic Party has been against this bill being passed..Obama voted for it, which means he FLIP-FLOPPED not only on his stance, but the democratic party..who were using this as leverage to go after bush...

how does that LOOK to the Dems when their "chosen one" goes against party message and sides with the enemy?

oh wait, Obama's only doing what any other politician would do--dirty politics, right?

mm..OK