Collaborators, Not Resistance: Eighteen Senate Democrats Vote To Support Restrictions On Civil Liberties

After the House, with the support of fifty-five Democrats including Nancy Pelosi and Debbie Wasserman Schultz, blocked attempts to reform the FISA Act, Rand Paul and Ron Wyden attempted to filibuster FISA renewal in the Senate. They wrote this letter describing the civil liberties violations in the bill to renew and expand the FISA act for six years. The vote was close, with sixty votes required for the cloture vote. Cloture passed on a vote of 60 to 38, with  Democrat Claire McCaskill casting the deciding vote. Once again several Democrats voted to betray the Constitution and vote against civil liberties.

Eighteen Democratic Senators, along with independent Angus King of Maine, vote for cloture. The Democrats voting for cloture were: Tom Carper (Del.), Bob Casey (Pa.), Catherine Cortez Masto (Nev.), Joe Donnelly (Ind.), Tammy Duckworth (Ill.), Dianne Feinstein (Calif.), Maggie Hassan (N.H.), Heidi Heitkamp (D-N.D.), Doug Jones (Ala.), Amy Klobuchar (Minn.), Joe Manchin (W.V.), Claire McCaskill (Mo.), Bill Nelson (Fla.), Gary Peters (Mich.), Jack Reed (R.I.), Jeanne Shaheen (N.H.), Mark Warner (Va.), Sheldon Whitehouse (R.I.).

The following Republican Senators voted to support the filibuster, which would have provided an opportunity to debate and offer amendments to reform the law: Rand Paul, Ted Cruz, Mike Lee, Steve Daines, Cory Gardner, Dean Heller, Jerry Moran, and Lisa Murkowski. Yes, Ted Cruz was on the right side of this while eighteen Democrats were not.

The American Civil Liberties Union Tweeted this response: “Members of both parties who voted in favor of this legislation should be sharply rebuked for supporting a bill that is in flagrant violation of the rights enshrined in the Constitution.”

The final bill is expected to pass the Senate this week.

Reason described how the bill expands violations of civil liberties in the FISA Act:

This bill doesn’t just renew Section 702 for six years; it also codifies permission for the FBI to access and use data secretly collected from Americans for a host of domestic federal crimes that have nothing to do with protecting America from foreign threats. It has added some unusually worded warrant requirements that will protect some people—but only when they’re actually suspected and are being investigated for criminal activities.

Furthermore the bill will give the NSA permission to attempt to restart what are known as “about” searches, access to communications that merely reference a foreign target, not just communications to and from that target. The NSA voluntarily ended these types of searches once it became clear they were gaining access communications that they had no authority to be viewing. This bill will allow them to attempt to restart it unless Congress acts separately to stop it.

Once again many Democrats have acted as collaborators rather than as the resistance. Democrats who claim that Trump is a tyrant in cahoots with Putin have not been able to unite to oppose giving him increased powers to spy on Americans. Although they are a minority in both Houses of Congress, the presence of some Republicans supporting privacy rights, along with the requirement for sixty votes in the Senate, provided Democrats with the power to force changes.  A swing of one vote in the Senate or twenty-six Democrats in the House could have forced reforms to the law which allows warrantless surveillance of Americans as well as foreigners.

Republicans Running Seinfeld and Wizard of Oz Campaigns

Land Empty Chair

Brian  Buetler is unfair to Seinfeld, but on target with regards to the Republican Party. He attacked them on two fronts. First he looked at the contradictions in Reince Preibus’ policy speech:

As if to signal his awareness that there’s a gaping void in the GOP’s midterm election strategy, Republican National Committee Chairman Reince Priebus did something a little unusual for a party chairman, and gave a speech about policy.

Republicans have made little secret of the fact that they hope to recapture the Senate in November by exploiting President Obama’s unpopularity rather than pitting their substantive agendas against their opponents. When Priebus says, “People know what we’re against. I want to talk about the things we’re for,” what he means is that his candidates’ conspicuous silence on substantive matters has become a little too conspicuous.

To combat that, he has laid out a list of eleven “Principles for American Renewal.” Most of these will be familiar to students of Republican politics. Some contradict each other, or previous iterations of the Republican agenda. The first principle holds that “Our Constitution should be preserved, valued and honored,” while the third proposes a Constitutional amendment that would force Congress to shred government spending. The eleventh calls for a secure border, whereas the GOP’s 2012 post-mortem called for comprehensive immigration reform.

Of course whenever Republicans talk about the Constitution there are bound to be contradictions as Republicans tend to back a version of the Constitution which exists only in their heads. The type of country they are trying to turn the United States into is hardly what the Founding Fathers had in mind.

From there, Buetler pointed out that Preibus isn’t on the ballot, and the actual Republican Senate candidates are running campaigns based upon, sort of like Seinfeld, nothing. Buetler looked at the races in Wisconsin, Colorado, Iowa, Louisiana, and North Carolina. In each state the Republican candidate is avoiding actual issues and are running campaigns based upon nonsense.

If avoiding issues is the goal of Republican Senatorial candidates, the best of all might be in Michigan. Buetler most likely ignored Terry Lynn Land as she is trailing Democratic candidate Gary Peters by double digits. Land differs from conventional candidates who are trialing by refusing invitations to debate, while Peters would love to debate her, knowing that would probably eliminate any possibility of a last minute recovery should there otherwise be a strong Republican wave in November.  Last month Peters debated an empty chair, Clint Eastwood style, in order to mock Land.

Frank Luntz criticized an ad from Land as “the worst ad of the political process” saying it lacks any message or substance. Video above. In contrast, Peters has successfully campaigned on issues such as climate change along with how Land’s support from the Koch Brothers affects her views. Of course the Koch Brothers aren’t going to waste their money on a futile cause, and have abandoned her. Liberal PACs have found Land to be an easy target.

Land has also been trying to avoid talking to the media. Michigan Radio’s political analyst Jack Lessenberry says that she is running a Wizard of Oz style campaign. Lessenberry first showed how Land’s campaign messed up the facts on the auto company bail out, with Land avoiding any direct contact with the media. Instead responses were limited to factually incorrect claims from her spokesperson, Heather Swift:

What’s oddest about all this is that we essentially have a campaign where Gary Peters is running against not the GOP nominee, but Heather Swift. However, I don’t think Swift is either a registered Michigan voter or legally old enough to be in the Senate.

Consider this: Whoever does win this race is going to replace Carl Levin, one of the most powerful figures in Washington. The last time I had questions about Levin’s position on something, his spokesperson asked if I could meet the senator for breakfast that weekend, and we talked for an hour.

Now the question is: Do we really want a U.S. senator who is unwilling or unable to explain her views to the press or in person?

Land did show up for call in show in Michigan Public Radio on Friday, but didn’t really answer the questions. She repeatedly responded to  questions by informing the audience that she is a Mom. You know, a Mom, the type of Mom who has kids. If you feel like listening to the full audio at the link, you might make a drinking game out of how often she repeats this line. Beyond that, she will support policies which put Michigan first, and insists that President Obama must submit a plan before she will say more. Land also said we should do nothing to reduce carbon emissions and the United States should ban travel “from countries that have Ebola” to keep it from spreading here.

Fortunately Michigan looks like it will soundly reject this Sarah Palin imitation.

Michigan Democratic Candidates Improving Position In Latest Poll


There is good news in the latest EPIC-MRA poll out of Michigan. The biggest race from a national perspective is replacing retiring Senator Carl Levin. In addition to having an impact on control of the Senate, the Republican candidate, Terry Lynn Land, is a Teabagger who so far has come across as only slightly less bat-shit crazy than Michele Bachmann. Democratic candidate Gary Peters (pictured above) leads Land by 9 points, 45 percent to 36 percent.

Republican Governor Rick Snyder is fortunately not an extremist like Land. Many Democrats supported Snyder four years ago in the Republican primary, during a year when it was clear the GOP candidate would win, to prevent more extreme candidates such as Pete Hoekstra from getting the nomination. Snyder has sometimes stood up to the Republican legislature and  might even be tolerable if working with a Democratic legislature. Unfortunately at other times he has given in to the Republicans.

Snyder started out with a big advantage, such as that an incumbent governor has not lost in Michigan since 1990. In May Snyder led his Democratic opponent, Mark Schauer, by nine points. Now the lead has narrowed to three points, with Snyder leading 46 percent to 43 percent. As Schauer is still not well known, it is encouraging that he is making it a close race with a long time to go until November. The results are within the margin of error, and shows Schauer increasing support from the Democratic base and shows independents now breaking towards Schauer.

Lying About Obamacare Not Working Out That Well For Republicans

Republicans, lacking any real policies they can campaign on,  have been relying on ads based upon lies about the Affordable Care Act. One ad which has received a lot of attention in the Michigan Senate race centered around a cancer patient who claimed her health insurance was unaffordable under Obamacare.  Several fact-checkers found that her new policy through the Affordable Care Act was actually saving her at least $1200 per year. The Koch brothers have been funding a number of similarly dishonest ads through Americans for Prosperity. They may have been wasting their money. A new poll has Democrat Gary Peters with a narrow lead over Republican Terri Lynn Land despite a barrage of dishonest ads from Americans for Prosperity.

Talking Points Memo ran a story earlier today claiming that Americans for Prosperity is giving up on these ads but later in the day a spokesman for AFP denied a shift in strategy:

“We are currently on-air with many different types of ads, including personal testimony of Obamacare impact,” AFP spokesman Levi Russell told TPM. “This is the same strategy we’ve been using for 6 months. This does not represent a shift in strategy.”

I’m not surprised. Take away the lies, and the right wing has no argument left. The old system was such as disaster, harming both millions of people and causing harm to the economy. The Republicans have no meaningful alternative. Claims made by the right wing are repeatedly being shown to be false, as with the ads from Americans for Prosperity.

The Affordable Care Act is turning into a major success, providing millions with health insurance coverage and ending the ability of insurance companies to abuse the system by finding ways to sell policies and then avoid paying out. Five million Americans have purchased health coverage through the exchanges, and this number will continue to increase. Millions more are purchasing higher quality coverage directly from insurance companies, benefiting from the expansion of Medicaid, or are now able to be covered on their parents’ insurance until age 26. No longer are people denied coverage, or have their coverage taken away, due to becoming sick or losing their jobs. In addition,  Obamacare frees people from the “insurance trap” which forced people who otherwise do not need to work to continue working for insurance coverage, along with other overall benefits to the economy. The Congressional Budget Office Report, frequently distorted by Republicans, showed that the Affordable Care Act will reduce unemployment, help decrease the deficit, and allow more people to leave large corporations to start small businesses, further stimulating the economy.

Cross posted at The Moderate Voice