Just finished reading the NY Times article.

The single most striking aspect is how unnecessary the program is.  Under the Patriot Act there are already secret courts handing out secret warrants to the FBI, presumably with very little judicial review.  By setting up the ultra-secret NSA surveillance system, the White House is circumventing its own completely secret program.  To what end?

It looks like just another example of the Bush Administration relying on John Yoo's legal theory that the president can, quite literally, do anything with his wartime powers, including torture foreign citizens, label American citizens "enemy combatants" and hold them without trial, and monitor Americans without even the slightest modicum of judicial oversight.  Let's get real here: the rationale behind the NSA surveillance program is not to catch terrorists -- the Patriot Act already provides those powers in spades.  The purpose is to expand executive authority so that secret systems are in place just in case they are ever needed.  They're not looking for cracks in the constitution.  They're trying to blow its doors off.  

This type of thinking is so thoroughly un-American, so damned Soviet, it's almost confusing.  

The American approach is to take only what power is needed; to acknowledge the enormity of the conflict between secret warrants and the constitution, and do everything possible to mitigate the risk to freedom.  Perhaps such an approach is naive.  But the Bush Administration doesn't just deviate from this course.  It goes in the opposite direction, creating layers of unnecessary and secret redundancy, attacking the constitution from as many angles as possible, and silencing congressional and media opposition by crediting its secret programs with unverifiable "victories" in the war on terror.  

Slowly but surely, the Yoo theory is being discredited.  McCain's apparent victory in the torture debate shows the President cannot, unilaterally, make torture America's official policy.  Likewise, the White House's decision to finally charge Jose Padilla seems to indicate that the President cannot label a U.S. citizen an "enemy combatant" and hold him without trial indefinitely (although the Supreme Court still hasn't spoken on this issue).  The NSA program - which reduces Congress to an afterthought and allows the President to spy on Americans without oversight - seems like the third leg of the Yoo tripod.  How can it be knocked down?

For starters, the Senate should vote for cloture for the Patriot Act.  A filibuster would serve two purposes.  First, it would allow changes to be made to the Patriot Act itself, bringing it in line with constitution.  Second, it would give Congress the leverage it needs to demand an end to the NSA program.  And really, why bother to debate the Patriot Act when the White House has created far broader powers for itself in secret?  

Good luck with the vote, Senator.  And thank you for your due diligence for all of us..  Success is when preparation meets opportunity, and I have every faith you will succeed.

And the verse / theme may change, but we always come back to this chorus:

In the spring of 2001--before 9/11!--this president said in a CNN v-bite that he didn't have a problem with dictatorships as long as he got to be dictator...heh, heh, heh.

Can't say he didn't warn us.

Thanks again, Senator. For what it is worth, I e-mailed both of my Senators (NC, Dole and Burr) asking them to uphold the filabuster and prevent passage of the "Patriot" act in its present form.

It will be curious to see how they vote.

Sam Taylor

On the Bush order authorizing NSA spying without warrants or court orders -- how can any response to this other than impeachment possibly be appropriate? This guy has unilaterally, and secretly, suspended the Bill of Rights.

The Patriot Act, while seeming to be written in our best interest is a tool of control and needs complete revision. 

Following the election we Democrats were told to go sit in the corner and be quiet.   Most have written Texas off as a "Red State", but let me tell you, the blue is spreading once more to every border.  One year ago I was lower than low, resigned to hearing the administration toss out one spin after another to the American people.  Then in early summer, wow, I heard one or two words of descension.  I hovered over the TV clinging onto those words.  Then beginning in a small stream of reports on Air America radio behold there were others like me out there who wanted "our country" back from the thugs that had jackbooted their way into control of Congress.  After seeing the horror in New Orleans and Mississippi the truth cannot be denied.  The truth spilled out from all corners and Democrats in congress were speaking up.  Now the truth is like a torrent and there is indeed hope. 

I write, email, and telephone my two Senators, my Representative espressing my wishes, my concerns, and ask them to vote accordingly.  They don't care, they don't respond, and rest easy that they NEVER vote as I wish.  Texas has been held hostage by the Republican Governor Perry and directed by the infamous crook, Tom Delay.

We will be heard.  We are here ready to work for representation.  I am a retired accountant, age 69. I can talk, hand out flyers, answer phones and speak within my neighborhood.  I can and I will work without tiring to bring truth and honor back to the office of President.

I demand honesty from the US Congress.  Please don't let us down.

Senator Feingold,

Am listening to, with much hope and some trepidation, the debate in the Senate. Have written to NJ Senator Lautenberg; not sure what else to do. Here's hoping your coalition prevails!

I find it incredible that the President will not sign a 3month extention of the Patriot Act.

Senator McCain rarely fails to disappoint.
:(

Congrats!

HOW THEY VOTED

Roll Call here

Note the split between '08 hopefuls McCain and Hagel.

Note Frist's vote to maintain procedural control and preserve the right to make a motion for reconsideration.

Note Ben Nelson the only D to crossover, doubtless thinking solely about how the vote will play in his difficult '06 race.

Note also, Senator Lincoln Chafee forced to go on record in no-win situation.  Bill Frist forcing this vote when he knew he didn't have the votes, only served to hang Chafee out to dry.  It's the equivalent of Frist having walked up to Chafee's opposition and handing them a grenade to toss at him next year. 

CONGRATULATIONS SENATOR FEINGOLD.  THANK YOU. 

New Hampshire Senator John Sununu (R) qouted Benjamin Franklin after voting not to invoke cloture...

"Those that would give up essential liberties in pursuit in a little temporary security deserve neither liberty nor security," said Sen. John Sununu

Very true Mr. Sununu...very true.  It is good to see not everybody had their senses take leave of them!!!

In answer to the question regarding Frist's procedural move to preserve his ability to make a motion for reconsideration ...

There's virtually no chance that he's thinking he can wait for a half dozen Ds to walk out the door.  Feingold already has Byrd itching for an excuse to engage in a high profile fillibuster on abridgment of civil liberties, and he's also got a full commitment from Leader Reid as well as Leahy.

Frist would need all four of them to leave town together, AND be convinced no one else would launch a fillibuster in response.  Only then could he whip enough votes to win.  Otherwise, he's still 6 votes shy of being able to invoke cloture.

Even if he could pull all that off, he'd still be facing a procedural battle as one of the remaining Democrats would almost certainly flip and vote on the winning side, then move for reconsideration the moment the missing Ds returned.

IMO, this is a move to save face on the vote itself.  If Frist moves to reconsider an existing vote rather than bringing a bill back for a new vote, then once the bill has been modified to the satisfaction of enough members to achieve passage, on motion for reconsideration, the vote of record will be that final vote.  That presumably is of some use in how the vote is portrayed in the next cycle.

I missed Hagel.

The PATRIOT act stands for "Providing Appropriate Tools Required to Intercept and Obstruct Terrorism". BushCo has used 9/11 hysteria to enact INAPPROPRIATE tools. This is still America. The Senate has awakened. Thank you Senator Feingold for ringing the bell.

Johnson is SOUTH Dakota, not ND.

As a matter of fact, I posted a response this morning to a "War Room" item in Salon on this subject, saying that I considered this an impeachable offense, BUT: who in his right mind is going to move to impeach Bush as long as it would be Dick Cheney who would take his place should the Congress remove Bush from office?  Talk about jumping out of the frying pan into the fire!

Simple solution - impeach and convict Cheney also!