Dodd Comes Through

From the Swamp

Against improbable odds, Chris Dodd did it.

Earlier today, the leader of his own party, Sen. Harry Reid (D-Nev.), pushed a Foreign Intelligence Surveillance Act renewal bill to the floor. Reid had selected a piece of renewal legislation voted out of the Senate Intelligence Committee rather than the version of the FISA bill passed by the Judiciary Committee. And the Senate followed Reid's lead by voting in favor of cloture to cut off debate on the bill.

All throughout the day, Judiciary Democrats such as Dodd, Edward Kennedy, and Russ Feingold took aim at the bill, even as Reid professed his hope that the Senate would pass the FISA bill today, in advance of its holiday adjournment. Dodd, a margin-of-error presidential candidate, vowed to filibuster the FISA bill on the floor if it granted large telecom companies such as Verizon and AT&T immunity from civil lawsuits for allegedly cooperating with the government. The Intel Committee bill did just that.

But early this evening, Reid surrendered, saying the FISA legislation would be taken up again in January, after the recess. (Reid had pledged this morning that the Senate would take up the omnibus spending bill from the House on Tuesday.)

That is sure to upset the White House and Democratic and Republican members alike who worry that Congress is leaving itself open to accusations that it is dragging its feet in terms of national security. The White House, which supports granting immunity to the telecoms, has already complained about the delay. The temporary FISA renewal bill, the Protect America Act, expires in February. President Bush had vowed to veto the bill if it did not contain the immunity provision.

In a statement this evening, Dodd claimed victory:

“Today we have scored a victory for American civil liberties and sent a message to President Bush that we will not tolerate his abuse of power and veil of secrecy. The president should not be above the rule of law, nor should the telecom companies who supported his quest to spy on American citizens. I thank all my colleagues who joined me in fighting and winning a stay in the rush to grant retroactive immunity to the telecommunications companies who may have violated the privacy rights of millions of Americans.

However, the Democratic chair of the Intelligence Committee, Sen. Jay Rockefeller (W.Va.), was not happy. It was his bill that didn't make it off the floor Monday. In a statement after Reid pulled the bill, Rockefeller said:

“I’m disappointed legislation to modernize and improve FISA will now have to wait until January. As I’ve said many times, it is one of the most important bills before Congress, and one that should not be rushed in the final hours before Protect America Act expires.

“Today’s strong 76-10 vote to cut off debate is a clear sign that the majority of Congress is ready and willing to pass this critical legislation.

The January fireworks will give Hill-watchers something to look forward to when the post-holiday doldrums set in.

Well done Senator Dodd, well done!