The O carries a story from this afternoon describing a trio of Democratic Senators who are seeking a slowdown on the potential extension of some of the more egregious USA PATRIOT provisions otherwise set to expire. (Betcha didn't know the Act's title was actually in acronym form, didya? It's short for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism...Act.) Along with Russ Feingold of Wiscosin and Majority Whip Dick Durbin of Illinois is our own Ron Wyden, who--compared to his stance on healthcare--is well out in front of his caucus on surveillance and civil liberty issues, and continues to lead progressive interests in the Senate:
Wyden is spearheading an effort to place tighter rules and oversight on the so-called business records provision in the law. Under the current law which expires Dec. 31, federal investigators can scoop up individuals' bank and financial records, medical information, DNA and other "tangible things" (the law's actual wording) without having to prove that the individuals have any connection to terrorist activities.
But Wyden and his allies believe the definition is too broad and too easily allows government officials to conduct "fishing expeditions" of people who may not have any involvement with terror activities.
The "business records" provision sets the standard that the government must meet to obtain an individual's personal information from banks, hospitals, libraries, retail stores and other institutions.
On a pure workload and intellectual basis I think President Obama can handle multitasking on a variety of issues, but the media and the general public may not be so facile. I've been aware of the business records provision and the attention it's been getting in prog-wonk circles, because it's among the most ridiculously overreaching of the PATRIOT provisions, and one that has great potential for touching the lives of ordinary Americans in their homes and businesses. But with stimulus and health care and climate and Afghanistan and banking all taking up chunks of our collective consciousness, we run out of things to devote your outrage and our energy to.
Diehard fans of H.R. 2651 charged the floor of the Senate chamber Tuesday after their bill, a 14-vote underdog nicknamed the Maritime Workforce Development Act, passed 51-49 with just moments to go in the legislative session...A champagne-soaked Sen. Ron Wyden (D-OR), whose last-second vote clinched the bill's passage, said the guys on the Commerce, Science, and Transportation Committee deserved much of the credit, but that the biggest thanks should go to God.
OK, so I was browsing Blue Oregon and caught Kari's suggestion that I should click quickly over to Russ Feingold's Progressive Patriot site and vote for Jeff Merkley in the Senator's competition to decide to whom he'll make a $5K contribution.
I did the same sort of vote for Darcy Burner when Wes Clark's PAC people were figuring out at which Congressional challenger's district the General would show up for a fundraiser... and I'm not all that fond of Wes Clark.
I particularly wanted to do this one because Russ Feingold is my dream team choice for the Vice Presidency and because I support his Progressive Patriot site. So I did it. I clicked over. Looked over the field. Found Speaker Merkley's box. And voted for Kay Hagan.
I've already been discussing in the comments to yesterday's story on Wyden and FISA, that after failing to stand publicly with Chris Dodd over the weekend and into this morning on his attempt to filibuster their own Majority Leader, it turns out he pulled a master twist job on Harry Reid that--coupled with the pressure of tens of thousands of activist progressives like the Loaded Orygun community--forced Reid to table the bill until next year. He came at Reid from multiple fronts, marketed it and integrated it with friendly resources, and basically overwhelmed Reid with problems. It's worth taking a closer look at now, but at the end I've got a wild theory to float.
To try to recap: on Monday morning Senator Dodd prepared to offer an amendment to the base bill that Reid had selected, from the Intelligence Committee rather than the Judiciary Committee. He claimed because the Intel bill passed by a stronger margin, tradition dictated he offer that one as the "base." So that was sneaky enough.
But then he did something that is really troubling and conspiracy-inspiring: he set the bar for amendments at 60 votes, on the ostensible theory that Republicans would filibuster their way to a 40 vote majority anyway if they didn't like it. Ah, the bold strategizing of Harry Reid. So Dodd was now faced with an amendment that itself could likely get majority but not filibuster proof votes. Filibustering to stop a bill without a majority is one thing, but doing it to favor an amendment without a by-rule majority behind it is really kinda just ego.
o Dodd was basically neutered by the tactic. But it begs the question: why on earth would Reid pre-capitulate on any amendment? Talk about filibuster by fear! Is he just inept, or is he doing it for another, more sinister reason? Good God almighty, what did we do to deserve these leaders. Why hast thou forsaken us...at CHRISTMAS! (We're sorry about Jesus, we really are. We were so primitive then! Can't you let us off the hook now? Please?) Ahem. Below the fold, Wyden's frontal assault on inertia, Senate style. {more}
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