PATRIOT UPDATE
We've just had a tremendous bipartisan victory on the Senate floor. We were able to hold off a cloture motion that would have put a time limit on debate, and for all practical purposes would have led to the eventual enactment of a deeply flawed reauthorization of the PATRIOT Act without the reforms we need. (Here is a statement I gave just prior to that vote.) There is no doubt that the reaction from citizens like you on this issue helped convince a number of Members to vote with us.
The Administration has argued that opposing the conference report would put the American people at risk. Yet, according to Senator Frist and Senator Specter, the President would rather let the law expire than support the unanimously passed Senate-passed bill or a short extension to let negotiations continue. I can't imagine anything more irresponsible than compromising the safety of the American people to score political points.












Comments (52)
If the president won't sign an extention, the blood is on his hands.
Thank you, Senator Feingold, for fighting this awful conference report. Also, mad props to Sens. Reid and Durbin for keeping the caucus mostly united on this cloture vote.
Is Frist going to make the Democrats hold the floor in a real filibuster or is he just going to try again later after twisting some arms?
December 16, 2005 12:03 PM | Reply | Permalink
Great job by Sens. Feingold, Leahy, Reid, Durbin, Craig, Sununu, et al. I'm wondering what the practical affect of Frist entering the motion to reconsider will be. Is there going to be some middle of the night vote on cloture, whereby suffiicient arms and other body parts will have been twisted so the Administration gets its way?
December 16, 2005 12:10 PM | Reply | Permalink
Kudos to you, Senator Feingold, and to all those who refused to be rushed into voting on a compromise that provides less protection than Americans deserve and need.
Thumbs up to Senators Specter and Leahy for the dignified and responsible way that they each articulated their points and position while respecting each other's viewpoints.
Thumbs down to Senator Frist for misrepresentation. An extension is certainly a viable option and for him to simply parrot the President and try to shove Bush's agenda down the Senate's collective throat makes me wonder how he sees his responsibility -- is it to truly lead the Senate into being the best that it can be in service of the public or is it to be the President's lobbyist? As a leader, he should have been the first to note that whether the President signs an extension or not is the President's decision, but that the Senate will not be bullied or extorted.
Protect our Right to Privacy: TheMissingAmendment.org
December 16, 2005 12:13 PM | Reply | Permalink
Congratulations Senator Feingold. Keep up the good work!
December 16, 2005 12:20 PM | Reply | Permalink
http://www.nytimes.com/2005/12/16/politics/16cnd-patriot.html?ei= 5094&en=6bb7c687f8135bb9&hp=&ex=1134795600&adxnnl =1&partner=homepage&adxnnlx=1134764647-KkSkD734yHqa/cQodN /9xA
Dilbert
December 16, 2005 12:25 PM | Reply | Permalink
Congratulations to you and to all of the Senators who voted to preserve our freedoms and who resisted the pressure to stampede the Senate into compromising them away.
December 16, 2005 12:28 PM | Reply | Permalink
Congratulations Mr. Feingold. This is a victory for America and our freedoms. You deserve much of the credit...thank you!!!
As far as the administration being irresponsible in their response to wanting to get the Patriot Act fixed...they are just continuing a pattern of irresponsibility whether it be with the Iraq War, Hurricane Katrina/FEMA, Social Security, etc...I don't expect them to become responsible anytime in the future that is why Congressional oversight needs to be a top priority.
December 16, 2005 12:28 PM | Reply | Permalink
Ah but congratulations are very much due to you specifically! Without your very important leading role none of the rest would have happened.
Is it just me or does it seem that it's rare that congresspersons speak directly to the entire public (not just their base or constituents) asking them for support on specific bills? It seems its always ideological sound bites we end up getting (most notably on culture wars issues, of course...many of us know that they are raised when a distraction is needed.) There's almost like a presumption that that is what the public wants and that they don't want to hear about regular actual business? While that may be true on mundane and arcane matters, or a huge complex budget bill, with something as major as the Patriot Act, I think some would be surprised at the interest they could get from the public at large when major issues come up in bills.
December 16, 2005 12:29 PM | Reply | Permalink
Senator Feingold:
Its gratifying to see that there are still people in the US Senate that are willing to stick their necks out to support our Constitutional rights.
Thank You,
December 16, 2005 12:34 PM | Reply | Permalink
This is a win for the whole country, and I contratulate all the senators who voted the right way, and you, Sen. Feingold, for leading the fight. But we must still be vigilant, because I fear that the Republicans will make a stealth attempt to ram this through.
December 16, 2005 12:40 PM | Reply | Permalink
It was a great day, Senator. Bravo to you and your colleagues. It was an impressive show of Democratic unity and also bipartisan commitment at the same time. Onward and upward.
December 16, 2005 12:42 PM | Reply | Permalink
No reauthorization? Hoorah!
December 16, 2005 1:05 PM | Reply | Permalink
Thanks for all your hard work, dedication, and common sense on this bill.
I had my doubts you could get them to listen, but sometimes, clearly, your "magic" works.
Many of us have been tracking your every movement on this, and will celebrate over the weekend now.
December 16, 2005 1:08 PM | Reply | Permalink
Frist is positioning himself for a Kerry moment: "I voted against it (cloture) after I planned to vote for it." Or maybe: "A vote against was really a vote for." How does he wiggle out of this mess?
What is the likely resolution to this vote?
December 16, 2005 1:09 PM | Reply | Permalink
Congratulations Senator,
It is exactly this kind of fight that brought me to tell you a year ago October, when I got to shake your hand outside Camp Randall, that you are my favorite senator.
However, as a resident (currently) of California, I haven't had the pleasure of voting for you. I hope that changes in the next couple years. :-)
- Robert Earle, UW '79
December 16, 2005 1:21 PM | Reply | Permalink
ramdilo -
Frist changed his vote for Senate parliamentary reasons. As LA Times explained:
Frist changed his vote at the last moment after seeing the critics would win. He decided to vote with the prevailing side so he could call for a new vote at any time.
Frist did the same thing during initial John Bolton voting so he could bring up the vote again.
December 16, 2005 1:23 PM | Reply | Permalink
Oh, thank you, thank you, Senator Feingold. America is a nation founded on ideals, and it is the defense of those ideals that is the true patriotism. We cannot destroy freedom in order to save it. I toast you and dedicate myself to the cause of bringing you to the White House where you belong.
The opening of that last statement, in particular, began to move the rhetoric where it needs to go as you expand the audience for your messaage less to your peers and more to the public. The voice of principled outraged, that resounds globally without needing to shout, and that speaks to people's memory in their blood and in their bones of who they are. We are a nation founded in courage not fear, where no one needs to "watch what they say", and we will not surrender our freedoms and our rights simply to gain the security and comfort of the prison cell.
December 16, 2005 1:23 PM | Reply | Permalink
Thanks for your efforts, Senator Feingold. On a broader front, The a twenty year lack of civility has tended to skew current debates in directions which have had perverse consequences. No doubt, the reach of the Patriot's Act is one of the consequences. As I have stressed in other online boards, it has and will continue to promote prejudice and mistrust for years to come, two inherently divisive attitudinal devices which detract minds from pursuing healthy activities. Often they come into play for reasons other than just fear of terrorists. I'm sure that you understand what I'm saying. The fact that security is commodified is an incentive to perpetuate prejudice and mistrust. So I hope that we can do more in the way of providing incentives to get people to recognize the interconnectedness of our worlds. Instill a sense of optimism along with that.
December 16, 2005 1:37 PM | Reply | Permalink
Closely related is the NYT revelation that the president ordered wiretaps on Americans that were plainly illegal. Senator, will you be as forceful in demanding accountability for that?
I urge you to demand that DOJ prosecute all those who obeyed the president's unlawful order.
December 16, 2005 1:43 PM | Reply | Permalink
It would be great to cultivate more warmth and genuineness in so many different spheres. I know- I know-- they sound so old-fashioned now. But they can and do bring out the best in ourselves and in others. No public relations strategy has been able to function as their equivalent, even when that is the intent. It comes off as glossy posturing.
December 16, 2005 1:55 PM | Reply | Permalink
December 16, 2005 1:57 PM | Reply | Permalink
Great work, Senator Feingold. And thank you for taking the time to update us here...
It seems its always ideological sound bites we end up getting (most notably on culture wars issues, of course...many of us know that they are raised when a distraction is needed.) There's almost like a presumption that that is what the public wants and that they don't want to hear about regular actual business?
Yeah, and that's even if you have cable. For people who *don't* have cable... gah. The (non-cable) network news nowadays is a mix of Entertainment Tonight, plugs for other network shows, and "horse race" style political coverage, with maybe 5% of the broadcast devoted to actual news, and even that frequently manages to leave out most of the salient facts. Maybe the threat of not having their licenses renewed for failing to serve the public interest would encourage networks to take their mandate more seriously.
And hopefully in the near future, everyone will have easy access to more media channels (that they'll know how to navigate, having grown up internet/media literate...) But for right now, folks who get their information from the 6:00 "news" and the two local papers, both owned by the same (crummy) company, often have no idea what's going on.
Sure doesn't seem like a great way to run a democracy.
December 16, 2005 1:59 PM | Reply | Permalink
In response to your question:
"Is Frist going to make the Democrats hold the floor in a real filibuster or is he just going to try again later after twisting some arms?"
The answer is "probably neither".
Frist would need 5 additional votes (plus his own). Only 4 other Rs crossed over, 2 of which are completely dug in and couldn't move even if they wanted to (Craig - NRA, and Sununu). That means Frist would need 3 Ds. No chance.
As for forcing a fillibuster, from a purely pragmatic standpoint, they've got too much business to conduct before recess to have the chamber shut down. Too much pork to appropriate, etc. Beyond that, why in the world would a sane person give unlimited floor time and an guaranteed media platform to the opposition at this point in time? It's an invitation to get skewered and Bar-b-qued.
The more likely outcome is to pull it down, recalibrate, lean on Murkowski, and add just a smidgeon of concession at a time until you've given as little as possible, but tipped the scales just enough to count to 60 (or at a minimum 58, then pray for another couple to be nervous enough to cave rather than roll the dice on avoiding consequences). That becomes a protracted behind the scenes battle between the minority whip and deputy (Durbin and Boxer) vs. the carrot and stick incentives being offered up by the other side. In other words, if Frist is smart (a dangerous assumption given how he's played this to date) he'll pull this down, let it fall out of the media, then let the inside baseball play out.
December 16, 2005 2:01 PM | Reply | Permalink
I see two positives.
The failure to invoke closure leaves the issued to be negotiated and improved.
Second the coalition broke party ranks in at least 1 notable way. In my view the Senate can be a more effective body if Senators vote their views and don't simply follow the party line. Having lived in Idaho I know Larry Craig is fiercely conservative. It was heartening to see that he was voting his views.
Kudos to Senators Feingold, Craig and their compatriots (pun intended).
December 16, 2005 2:07 PM | Reply | Permalink
Your comments are both unhelpful and unsubstantiated, Gettysberg. When Senator Feingold was the sole vote against the Patriot Act when it was first put forth, was that also political? Seems you cannot fathom someone in government doing what they think is right and acting on their own judgment without political motives. Because you cannot fathom it does not mean it is not so. I find your post cynical in that sense and, unfortunately, this is not the first time I have seen this shallow sense of judgment based on pure assumption in your comments.
As far as calling Senator Feingold hypocritical and suggesting he is claiming "triumphantly" that he represents the American people and that Bush does not -- I don't see where the Senator makes that claim. Do you honestly believe that Bush represents the majority of Americans in their values about freedom? Do you really believe that the Patriot Act as it is written is not dangerous to our civil liberties? I just plain doubt your sincerity.
December 16, 2005 2:28 PM | Reply | Permalink
To be honest, I have not been affected one iota by the Patriot Act. I'm sure you can say the same thing. My point is, if so few people have been subjected to ANY of the provisions of the act, why is there this need change it? I don't want to use the term grandstanding, but Senator Feingold seems to be chasing ghosts to a certain extent.
December 16, 2005 2:34 PM | Reply | Permalink
Ditto on the kudos!
Great work, Senator Feingold. When debate over renewal of the Patriot Act does resume, perhaps someone can question why all of the 14 statutes need to be made permanent, instead of extending them. They were enacted under the pressure of 9/11, solely to deal with the global terrorist threat.
A while back, the FBI announced that our greatest threat is from domesticate terrorist groups like ELF. I guess we can expect much more spying on domestic opposition groups. Important civil protections that law-abiding (or even civil disobedience) dissenters had enjoyed will be gone under the Patriot rules. It is un-American and unpatriotic to degrade the values that this country stands for in the name of protecting them.
December 16, 2005 2:39 PM | Reply | Permalink
Bush is intellectually incapable of responding to these posts coherently. He would have to have an aide do it.
December 16, 2005 3:01 PM | Reply | Permalink
Well, I go to peace meetings at the American friends Service Committee office and they've been checking on the AFSC. So now we can't protest the war? We're a threat? To what - Bush's credibility. He has none.
December 16, 2005 3:07 PM | Reply | Permalink
"Having lived in Idaho I know Larry Craig is fiercely conservative. It was heartening to see that he was voting his views."
We really don't know what Larry Craigs views are, but what we do know is he sits on the board of the NRA, and counts them as the biggest weapon in his electoral arsenal. The NRA Board has specifically and conspicuously refused to endorse the Patriot Act reauthorization, and their EVP and chief spokesman Wayne LaPierre, speaking for the organization has been critical of the Act. In a nutshell, the NRA thinks the Patriot Act permits the government to spy on gun owners, which they find unacceptable.
Craig has a relatively small number of votes that affect the NRA. He needs to deliver a 100% scorecard on them. Otherwise there are plenty of others waiting for an invitation to the Board. I'm not saying he doesn't have his own personal issues with the Patriot Act II, but they're of secondary concern to the broader political ramifications vis a vis the NRA.
December 16, 2005 3:17 PM | Reply | Permalink
Well done, sir. You should be congratulated for your efforts on behave of freedom-loving Americans and the nation both of us love.
You are a true patriot who understands the oath he took to the US Constitution.
I want you as my president.
December 16, 2005 3:18 PM | Reply | Permalink
May I add my congratulations, Senator, and thank you very much for honoring us by blogging here. We also owe Josh a big thank you for setting up such a great website that it can attract people like you to debate issues with us.
I keep getting the feeling that just possibly our country has turned the corner, and the GOP magic is losing its potency. It has amazed me that so many of us have been willing to ignore our Constitution out of fear of "terrorists", a fear that is simply not justified by the facts. A much more rational fear is that acts like the "Patriot Act" will be a first step on the road to a total loss of our rights under the Constitution, with the Congress afraid to step in with an impeachment. In fact this Congress now faces a decision time: are you all willing, at last, to begin impeachment procedures, knowing that the President authorized illegal and unconstitutional spying on American citizens by the federal government? Really, that is why the impeachment process is in the Constitution.
December 16, 2005 3:25 PM | Reply | Permalink
"To be honest, I have not been affected one iota by the Patriot Act. I'm sure you can say the same thing. My point is, if so few people have been subjected to ANY of the provisions of the act, why is there this need change it?"
And you know that just how? Have you filed an FOIA request and received FOIA documentation on this telling you so? And, would you trust if it was provided?
Folks like you scare the shit out of me a lot more than terrorists. Terrorists may want to take my life, but guys like you are willing to trade my constitutional rights to provide yourselves with a false sense of security.
If you are so gung ho about letting the government into your private life and constricting your personal rights, that's your concern, but keep your damned hands off my rights.
December 16, 2005 3:36 PM | Reply | Permalink
To be honest, I have not been affected one iota by the Patriot Act.
Following 9/11, something like three to five thousand people were picked up with either minor, previously ignored immigration violations or as “material witnesses.” Many of those were Americans and many were held in secret for long periods and were treated harshly. At the very least, they had their reputations impugned.
In a story today, tens of thousands of Americans have had their phones and emails tapped by the NSC, a clear invasion of privacy. In another story today, the DOD has been spying on domestic opposition groups, mostly peace activists. People of many nationalities have been mistakenly identified as terrorists, shanghaied and tortured (sometimes to death) by US military or intelligence forces.
If you still think that you have not been affected, think about this: As an American you are hated in most of the world, precisely because of our policies since 9/11. M. L. King said justice denied anywhere diminishes justice everywhere. That is not just a PR rhetorical statement. History reveals that the more control given to the power elite, the more abuse of that power results.
December 16, 2005 3:40 PM | Reply | Permalink
biscayne -
Appreciate hearing more facts on Craig. Knowing that he is on the NRA Board I agree his vote was a virtual certainty given the Board position.
In any case I am still heartened that people of such different political stripes come together to win a particular battle. Partly line voting means people are putting party above all their other interests. To me that leads to the divisive partisanship we see and governing without checks and balances.
On a personal note I have to assume you live about as far from Idaho as is possible?
December 16, 2005 4:40 PM | Reply | Permalink
Gettysburg:
Under the terms of the current Patriot Act, Federal Agents have the power to arrest and hold you in secret without charging you with a crime. All they have to do is define you as an enemy of the state.
Don't see that as a problem? In that case imagine, say Ted Kennedy as President with a solidly Democratic Congress (admittedly, leaving out Sen. Kennedy I welcome that particular prospect) with the same powers.
The temptation to use those powers will be there for whoever holds the reins. Sooner or later someone is going to abuse it, which is why the Founding Fathers put a system of checks and balances in place. There's reason they thought it might be better to let 10 guilty men go free than to arrest one who is innnocent.
It might not affect you now, but it may someday; and if not you, then one of your children or grandchildren.
December 16, 2005 4:58 PM | Reply | Permalink
If any Democratic leaders receive letters from Greendale School in Franklin Park, NJ, lookout! History will be repeating itself, grab the CIPRO!! see:
http://www.judicialwatch.org/1967.shtml
December 16, 2005 5:03 PM | Reply | Permalink
Amazingly, I don't have cable. I remember when television, just the airwaves and a set to receive them, was something of a miracle. And nor will I pay for a radio station. Hello, FCC, how did this happen? However, with PBS and regular news and some basic undertanding of the internet, I seem to actually be abreast of the news, most of the time. Thank you, Senator, for your work; it is so meaningful and appreciated. As a person with disabilities, I cherish my civil rights and our government's active understanding of our Constitution as well as anyone. I am grateful, indeed, for your work.
December 16, 2005 5:34 PM | Reply | Permalink
... unless there's a mistake, in which case it doesn't matter how your behaviour keeps you sweet with the current mob, or the next mob, or the one after that.
And the current mob does have an alarmingly broad definition of 'enemy', however it unthreatening may be to some.
December 16, 2005 7:50 PM | Reply | Permalink
Thank you very much for your efforts Senator. All Americans who are concerned about civil liberties have a debt of gratitude for your leadership and principles on this issue.
December 16, 2005 7:51 PM | Reply | Permalink
To be honest, I have not been affected one iota by the Patriot Act...
Assuming you actually meant this and didn't type before thinking, it is one of the most disgusting-unAmerican things I have ever seen posted on a blog.
If 1 person has had their rights violated it is too many. Last time I checked we fought a war and won indepdence so we could create a society where all were treated equally under the law.
Using your logic, so what if some kid in Texas got executed for a crime he didn't commit, since I haven't been sentenced to death row unfairly there is no problem with death penalty procedure in Texas...
December 16, 2005 8:45 PM | Reply | Permalink
A terrible blunder. The Dems should have let it pass and used overturning it as a campaign issue in the elections. Rove plays the Dems again.
Rove's ploy here as always is to make the Dems look as though they are still in power enough as a minority party. This diffuses most of the Dem's capaign strategy because Bush can say the Dems have plenty of bipartisan input and hence are already in power enough as a minority party.
Any Dem victory at the moment is winning a battle and losing the war. They need to let Bush get his agenda through and then campaign against it. Instead for the opportunity of venting some anger and getting a Phyrric victory they are throwing away the election.
December 16, 2005 11:31 PM | Reply | Permalink
Others have rated this comment as follows:
Fanfan 2
Nightprowlkitty 1
Zero Rating: 1
Basic Guidelines on Comment Ratings
By Josh Marshall:
.....readers should never down-rate comments simply because they disagree with the views expressed.....Readers trying to participate in discussions in good faith should never be given ratings of 1s or 0s. Those ratings are reserved for clearly inappropriate behavior or content -- obscene or offensive language, ethnic slurs, spam, disruptive behavior, extreme ad hominem attacks. This isn't an exhaustive list. But the key point is that you do not give a 1 or 0 to someone's comment just because you think their comment is stupid or because you strongly disagree....
December 17, 2005 12:08 AM | Reply | Permalink
the current mob does have an alarmingly broad definition of 'enemy', however it unthreatening may be to some.
December 17, 2005 12:11 AM | Reply | Permalink
You have kept vigil on behalf of the Constitution and are the sole incumbent to have done so.
Look closer at what was mentioned to you on a previous posts here and you will find much more leverage regarding the Patriot Act, FEMA, and Homeland Security.
Demand an FBI audit and full transparency to find any times this was used wrongly. Numerous Impeachable instances will arise.
Again, thanks!
-Chris H
December 17, 2005 12:17 AM | Reply | Permalink
p.s. Do some people here really believe someone like Senator Feingold or his staff would not like to see something like gettysburg's comment? That he does not want to hear opposing views? That he can't learn something from them? A zero rating for that? What did he just fight for, anyway?
December 17, 2005 12:22 AM | Reply | Permalink
I'm sure Senator Feingold would have no problem hearing Gettysburg's views, ArtAppraiser. The reason I rated so low was that I don't believe they are sincerely held views, based on readings of Gettysburg's past posts (one in which he claims that jobs are not a right but a privilege, when talking about Halliburton in Iraq being so good for American labor). I think he's veering close to trolling -- offering opinions that are meant only to sidetrack honest discourse and draw attention to himself. Normally I don't respond to his posts, but this time I felt it appropriate. If I am wrong about this, so be it, but I didn't rate hiim low because I disagreed with him -- there really wasn't anything to disagree with.
December 17, 2005 5:31 AM | Reply | Permalink
Well ArtAppraiser, after further reflection, I have raised my rating to a 2 -- you make a good point about the rating system. "Not helpful" is a more honest assessment, as far as I'm concerned. Thanks for the reality check -- am now dismounting from that really high horse. :)
December 17, 2005 5:57 AM | Reply | Permalink
Carot,
The Bush agenda is to so rig the system that we have no way to prevent this group of greedy rich oil dudes from exploiting their social conservative base in order make to their extreme right wing views permanent. We can't sit here and let them dismantle our rights and the Constitution. This is a fight that needs to be waged now and forever. "Eternal vigilance...", etc
December 17, 2005 7:09 AM | Reply | Permalink
I've given really low ratings twice- to the same person.
Point taken; artapparaiser.
OTOH, its too bad there isn't an "asinine" category...
December 17, 2005 11:46 AM | Reply | Permalink
Amazingly, I don't have cable. I remember when television, just the airwaves and a set to receive them, was something of a miracle. And nor will I pay for a radio station. Hello, FCC, how did this happen? However, with PBS and regular news and some basic undertanding of the internet, I seem to actually be abreast of the news, most of the time.
I don't have cable tv either, but I do have an internet connection, and it makes all the difference in the world, to me, anyway. How big a part do you think your "basic understanding of the internet" plays in your ability to stay abreast of things?
December 17, 2005 4:37 PM | Reply | Permalink
These tactics are all wrong. Do you think that the Dems have been the only ones in world history in this situation. What you are describing is the historical losing strategy.
December 17, 2005 8:17 PM | Reply | Permalink