December 16, 2005

[10:38 est]

Sen. Inhofe (OK) was talking about immigration and the border.

Now Sen. Specter is talking about PATRIOT Act and cloture vote. The cloture vote requires 60 senators to cut off debate on the Act. It sounds like there will be an hour of debate before the cloture vote. He wishes the Senate had the last word, but it doesn't, we have a bicameral system. He thanks Rep. Sensenbresser (WI) for working through very difficult proceedings. The House has supported Conference Report (CR) by a 77-vote majority. Specter and Sen. Leahy (VT) have a very close relationship and have worked through major legislation this year: Class Action Reform, Data Privacy, Asbestos Reform, confirming the new AG.

When the debate started earlier this week I invited Senators to the floor to state what their concerns were. I called senators. Let's have a discussion, I said. Let's describe the bill so people can understand it. I don't think we've been successful in conveying to the public and even to the senators: what this bill provides. One paper said: the bill gives the gov't too much power to demand records w/o oversight. The writer of this editorial is mixing § 215 and the national security letters (NSLs). One of the other most prominent papers talked about 30,000 NSLs being issued. This is not true because the facts are classified. I've been trying to get the Justice Dept. to let us know what the facts are. Senators can't find that out in a classified briefing. The big tough problem has been acquainting people with what this bill provides. I'm confident that when this is accomplished, this bill will be passed...balance between law enforcement and civil liberties...has been achieved...not as good as the Specter/Leahy bill that passed the Senate, but it has balance...NSLs were not created by another act...PATRIOT Act provides for judicial review of NSLs if they are unreasonable...then you have the delayed notice warrants...special permission to law enf. officials that they don't have to notify the target that a search was performed...where there are reasons to keep it secret b/c notice would impede an investigation...how long before notice should be givem?...4th circ. court of appeals has said that 45 days would be adequate...

Mr. President, the senate's not in order.

The senate will be in order. The senator from Pennsylvania:

I thought that 30 days was a tremendous achievement. The House came down from 180, we came up 23 days from 7. Then there's the roving wiretaps...showing required that person will resist wiretap...also, the sunset provisions...House wanted 10 years...Senate, four years...House would have done seven, we held fast at four...required assistance from White House, President was personally involved in the four year decision...if you don't get your facts from the newspapers, from reading the statute, a fair conclusion is that it's balanced...it's nice to be the heroes of the editorial pages, makes for great hometown reading...if you're the chairman of the cmte. you've got to carve out a consensus...my job was to work through what is the art of the possible...the six senators who opposed the bill issued their press releases not just before the ink was dry on the CR but before the ink was finished on the CR...they weren't waiting to see what the CR had to say...you can do that if you're a dissenter but if you're the chairman...the President has taken the position that the CR goes as far as he wants to go...President said today he will not sign a 3-month extension...if I'm given instructions to negotiate, I'll go back and negotiate...but the President means business...in voting on cloture, voting up or down...this body will be faced with choosing the CR or having the PATRIOT Act expire...although we're a considerable distance from 9/11 this bill continues to be necessary...protections for airports and seaports...this bill is a balanced bill.

Mr President how much time remains of my half an hour?

8 min 30 seconds, 8 min 30 seconds

Mr President, I yield the floor.

Now, the Sen from VT, Mr. Leahy:

I'm concerned because we've come so close in this. Sen Salazar (CO) yesterday noted how it was the anniversary of the signing of the Bill of Rights. He then lists the senators who have said they will join filibuster.... I do read the papers. Today's NYT says that over last 3 years, under a secret order gov't has been secretly monitoring international calls and e-mails...this eavesdropping is not overseen by any court, not authorized by any statute, not authorized by the PATRIOT Act...Leahy is shouting...Mr. President it is time to have some checks and balances in this country! Let's have checks and balances, not secret orders and torture...when I voted for that PATRIOT Act I didn't think it was ideal but I was in favor of most of it...that's why I voted for the bipartisan bill in July...our goal is to mend, not end, the PATRIOT Act...none of us want it to expire...those who want it to expire rather than fix it are playing a dangerous game...America can do better and we should...those are shared American goals...how to balance security, liberty, gov't accountability...the most fundamental dilemma before this congress...no one should doubt that those voting either way on cloture do not want security...we are more American in asking for checks and balances...

The Sen. from Nevada, Mr. Reid:
gets in quickly, outside the time for the PATRIOT Act debate to introduce a few things. He is speaking rapidly.

Sen from MS, Mr. Lott:

He introduces a bill to be introduced, an act to amend internal Rev. Code. An amendment at the desk. Expresses appreciation to Baucus, Grassley, Landrieu, Vitter, Hutchison, Cornyn for being involved. $8b in tax incentives and relief to people in Hurricane areas. Hopes House will approve and send to President.

Now Sen. Reid (NV). Gives Landrieu 90 seconds. She thanks Lott, Grassley, Baucus thanks. This package will help to stand up Gulf Coast so it can help country on trade and energy... Asks for consent to submit longer statement to the record. Without objection, so ordered.

Leahy, are we back on PATRIOT Act. Yes. 3 min. to senior senator from Idaho, Sen. Craig.

Now, Sen. Craig (ID). The Patriot's Act is one of those pieces of legislation that will last beyond what we do here. It is a very precarious balancing act between rights of free citizen and community protected by law...that's why a year and a half ago we said here were some provisions that stepped us back...I cannot nor will I vote for cloture today because I am here to defend what the senate has already done...we will not adjourn this session of congress without a patriot's act in place...whether it is 3 month extension or the senator from pennsylvania sitting down like he said...safe and secure in a free environment...

He yields the floor. Who yields time? Leahy yields three minutes to Sen Kennedy (MA):

This morning Americans wake up to more startling reports...admninstration has been spying without warrants...administration isn't responding to reports but says, Trust us, we follow the law...this administration...there is no accountability, there is no oversight...in 1970s big brother spied on our country and we stood up and said no...we established the FISA court to set up protections...this gov't thinks it is above those protections...the entire world is watching to see how we strike the balance between security and liberty...our country is at a new low...he references watergate...references CIA leak case...now it's suggested Pres. may know identity of source...when did Pres know and when did he know it...who else know the whole facts: Cheney, Gonzalez, Ashcroft?

Now Specter. Wants to address newspaper saying "Bush lets Gov't Spy." If you read fine print, and it takes a lot of reading, it seems there were some level heads in the executive branch...how in 2004 some level heads got program suspended...there's no doubt that this is inappropriate...there were some parts of system which were working...but it's inexcusable to have spying without court surveillance...this will be a matter for oversight in the new year...high priority item...not very good publicity on morning when we are voting on PATRIOT Act...some suggested news story was held back for more than a year...I certainly wouldn't want to suggest that...

Now, Sen Sununu (NH). This wasn't a last-minute effort to derail legislation, these are concerns that go back two years ago. I met with AG right after he was confirmed, as long as a year ago, so did Sen. Craig...specific recommendations on just a few areas of the PATRIOT Act...I heard nothing in response to those requests...we have heard nothing in response to our suggestions...we're here today with a CR that has many shortcomings...a § 215 standard that's too broad, that could be abused...no review on NSLs, only be overturned by a showing of bad faith...[how can you show bad faith when the evidence on the other side is classified?]...could have a chilling effect on individuals' right to counsel...how would right to counsel undermine ability to fight terrorism..be mindful of Franklin's words: those who would give up liberty in support of security deserve neither, will get neither...

Now Levin (MI)...we had a very balanced bill that left the senate...what's come back is a bill containing provisions that could sweep into net of a fishing expedition the most private...§ 215 example...library and medical records...foreign intelligence investigations....under new provision gov't need to describe a particular person (to which investigation is linked)...gov't could seek all of a doctor's records if it was said one of doctor's patients had sent money overseas...so all of that doctor's records are relevant to a foreign terrorist investigation...all of a library's records are subject if there are allegations that one unidentified person was supposedly using a computer there...our Senate bill required a showing that records sought pertained to a foreign power or agent thereof or were relevant to activities of an agent...or pertained to person in contact with a foreign power...those protections are missing from the CR

Leahy asks for five minutes being added to each side. Four minutes to Feingold (WI):

he thanks the senior senator from VT...references NYT story...gov't tapping international phones and e-mail without wiretap orders...to eavesdrop without court order based on some evidence that subjects are terrorists, spies, or criminals...we have an obligation to get to the bottom ofthis...I don't want to hear again from anyone that this gov't can be trusted...ought to send chill down spine of every senator and American...let's look at § 215...Ashcroft said some changes would be justified...NSL provisions are also deficient...no requriment that records sought there have tie to some terrorist or spy...after what NYT reported this morning, no one should be comfortable with the gov't having this kind of unreviewable power...let's talk about what will happen if cloture vote does not pass...reauthorization bills will easily pass...shameful to suggest we would let it expire...proud to be part of bipartisan coalition working to strengthen civil liberties...we have taken a stand...this is not a partisan issue...we can come together to give gov't tools it needs...and we can do it before the end of this year...but we first must vote no on cloture...

Leahy yields 3 min for distinguished Sen from CO, Mr. Salazar:

As a former AG, I am very familiar with needs of law enforcement...I support extending expiring powers while at same time adding checks...that's what the senate bill did...that's what CR could have done if it simply addressed modest concerns we laid out...these concerns were not met by the CR...references Wash Post and NYT...president authorization for NSA to eavesdrop...monitoring without approval of judge or secret FISA court...if we needed a wakeup call, this is a wakeup call...legislation to extend current patriot act for 3 months...I urge my colleagues to vote against invoking cloture...

Yields the floor. Specter now. Just to correct some of the mistatements. This bill is not understood by Senators. I don't sugges they're doing it deliberately, but they don't know the bill. Something about NSL recipient having to tell FBI identity of his lawyer...not true...(reads from the CR)...under § 215 it's not true that there does not have to be a connection to ...CR says court has to make a determination thate there is a terrorism invest. involving a foreigner in order to carry on the investigation...not the case that there's no review of NSL...lawyer can challenge in court under a showing that it's not reasonable...but different if national security issue, then it's showing of bad faith...Let me yield at this time for Sen from Arizona

Now, Jon Kyl (AZ). Commends Specter. Says how it is a partisan issue and that we need to reauthorize PATRIOT Act. No time to stretch this out. This act will expire on Dec. 31st. You either vote to reauthorize or not. I doubt that there is anyone who would deny that we need to tear down wall between law enforcement and intelligence. God help us if there is some kind of terrorist act when we are not protected by the P-A and the P-A could have protected us against it. The House has made tremendous concessions toward us. I found it difficult myself to sign CR, frankly because we make it hard for Law Enforcement to do its job...if you vote against cloture you are voting agains the P-A...the American people will hold us accountable...

Specter wants to ask Kyl a question. President has said he won't sign an extension. How this means there won't be a P-A after Dec 31st...what will the effect be on the fight against terrorism?

Kyl: we know of two stories 9/11 commission wrote. One story about the Wall, a problem we corrected w/ PATRIOT Act. It is possible that with PATRIOT Act part or all of 9-11 might not have happened. One agency knew X, another agency knew Y...had we been able, knowing they were connected to al Qaeda and were making plane reservations...we've been free from attack thanks to things like the P-A...our people need this tool to protect us...

Specter asks consent that mandatory quorum rule be waived...

Now Leahy: mentions how this admininstration's justice dept had information might've stopped 9-11...

Now Schumer: I went to bed last night unsure of how to vote. On one hand wants to give credit to Specter. Better than current law is the CR, better than House version. But today's revelation that gov't listened in on thousands of phone conversations without a warrant has greatly influenced my vote...we better be sure we have safeguards...responding to Sen Kyl's comment that there is no law to battle terrorists w/o P-A. If President vetoes a 3-month ext. he is putting politics over safety. Let us not invoke the threat that Pres. would not extend P-A.

Leahy says wall won't go back up if P-A expires. Let's not delude ourselves that the wall goes back up.

Now Richard Durbin (IL). I voted for the P-A because in light of Sept 11 we had to do more. They said at end of four years we would revisit this law and that's why we're here today. I join the bipartisan commision: Craig, Murkowski, Sununu, Salazar, Feingold...noting how Senate bill passed senate by voice vote, there was that much of a consensus...salutes Sen from Penn., he has argued the substance, has not made it political...but he cites how there aren't documented abuses but so much is classified we don't really know if there are abuses...cites today's newspapers...we need to defeat cloture...pass 3-month extension...we can be both safe and free in America...

Specter has 47 seconds...I haven't said there have been no abuses...yields back five seconds...there is a laugh...

Now, Frist (TN, the Majority Leader): advance or retreat, it's as simple as that...retreat and defeat is the wrong strategy in Iraq, and it's the wrong strategy at home...we have more to fear from terrorists than we do from this P-A compromise...3-month extension makes no sense...he urges colleagues to vote yes...

[11:53]

Motion to invoke cloture to bring debate to an end: The question is, is it the sens of the senate that debate on reauthorization of P-A should be brought to an end, mandatory roll call vote, the clerk will call the roll!

Mr. Alexander (TN) says, "Aye!"

If the vote passes, debate on the P-A is ended and the Senate is clear to vote on reauthorization, i.e. approval of the CR. 60 votes are needed to invoke Cloture on Patriot Act Reauthorization, says C-SPAN2.

Mr. Obama, Mr. Pryor, Mr. Reed of Rhode Island, Mr. Reid of Nevada...Mr. Sessions, Mr. Shelby, Mr. Smith, Ms. Snowe, Mr. Specter, Ms. Stabenow, Mr. Stevens, Mr. Sununu, Mr. Talent, Mr. Thomas...Mr. Warner, Mr. Wyden...

Senators voting in teh negative: Craig, Sununu are the Repubs so far...

Murray? No. Sessions? Aye. Lieberman? No. Dorgan? No. Conrad? No. Rockefeller? No. Biden? No. Feinstein? No.
Warner? Aye. Lott? Aye. Carper? No. Johnson? Aye. Cornyn? Aye. Hatch? Aye. Levin? No. Roberts? Aye. Graham? Aye. Martinez? Aye. Coburn? Aye. Dole? Aye. Inouye? No. Gregg? Aye. Clinton? No. Bunning? Aye. Coleman? Aye. Nelson (NB)? Aye. DeMint? Aye. Vitter? Aye. Hutchison? Aye. Dayton? No. McCain? Aye. Hagel? No. Mikulski? No. Jeffords? No. Thomas? Aye. Pryor? No. Crapo? Aye. Allard? Aye. Bond? Aye. Landrieu? No. Santorun? Aye. Chafee? Aye. Obama? No. Smith? Aye. Cantwell? No. Wyden? No. Collins? Aye. Cochran? Aye. Salazar? No. Lugar? Aye. Boxer? No. Reed (RI)? No. Lincoln? No. Thune? Aye. Brownback? Aye. Enzi? Aye. Stevens? Aye. Harkin? No. [12:12] Nelson (FL)? No. Inhofe? Aye. Murkowski? No. Talent? Aye. Corzine? No. Ensign? Aye. Voinovich? Aye. Akaka? No. Kerry? No. Snowe? Aye. Kohl? No. Lautenberg? No. Burr? Aye. Shelby? Aye. Chambliss? Aye. [12:20] Byrd? No. Allen? Aye. Frist? No. [What?]

Does any member wish to change their vote? 52 yeahs, 47 nayes. Motion falls.

Leahy talking: unanimous consent request that jud. cmte. be discharged for futher consideration of 3 month extension...

Frist: opposes short term extension, objects to Leahy's motion. Back to Leahy. We are at an interesting point. Enormous work done by Specter. Opposition to terrorism unites all of us...referencing today's news once again...no oversight, no check and balance...DoJ advised Bush Ad that torture was legal. We have rejected concept that torture was legal we should reject concept of spying without checks and balances. A democratic nation does not exist without checks and balances. Checks and balances to protect our liberties. There are cooler heads here. There are distinguished senators in both parties who can bring this about.

Oh, Frist changed his vote so he could re-commit. Frist is asking that debate continue. Wants to encourage people who voted against cloture to come forward. We remain on PATRIOT Act, we will nto see a short-term extension.

Ladies and gentleman, we have a filibuster.

Baucus suggest the absence of a quorum. The clerk will call the roll.

Mr. Sessions wants to express his disappointment. Quorum call is ended. This is a very, very, very important piece of legislation....we've worked very hard to achieve bipartisan support...Saying how any district attorney can subpoena medical records or library records, on one basis: is it relevant to an ongoing investigation? The delayed notice searches: simply says you can delay notice to the terrorist organization of what's going on...saw a story about a delayed notice warrant in a mafia case based on common law...must prove to judge it's important to safety of enforcing the law that notification is delayed...have to convince court in advance of that...§ 215 provisions require FISA court, prior judicial approval, require reports made to congress, objections being raised...urge colleagues to go back and reconsider this bill...if they do I think they'll feel very confident that there isn't anything here...I think you're going to feel a lot better about it...people will feel vey comfortable in casting a positive vote for this legislation...He yields the floor.

Jon Corzine is speaking. Giving what is more than likely what is last speech he will give on this floor...bittersweet feeling... Sen Byrd cuts in and says we will miss you bless your heart and Corzine says there's not much that could mean more than to have such a great senator say that...[at 12:57 Corzine has been going on for awhile]...racial profiling...minimum wage...Sarbanes Oxley...Bruce Springsteen...let me just close...thanks to colleagues and the people of New Jersey...looking forward to new job in a way I can't even get my mind around at times...I've loved this place...he yields the floor and there is applause...[1:01]...

Now Sen. Lautenberg (NJ)...so now Lautenberg is going to lend his views on Corzine...[1:02]...Time for a break...

OK, back at 1:45 and the Senate is still talking about Corzine...now Reed (RI)...is this what happens during a filibuster?...

Sen Feinstein (CA) has followed the Corzine tributes with a speech about how FISA is the law governing domestic spying. How maybe there is an exception for fifteen days of spying following a declaration of war. How FISA requires the OK of a judge before a wiretap can be put in place. How the President operated outside of FISA in authorizing the surveillance detailed in the NYT report. It is a crime for any person, w/o auth., to intercept any wire. She says she has been assured repeatedly by the Bush Ad that it has operated within the parameters of FISA. She says, yes the senate has changed that law under the Patriot Act with certain amendments... She now cites the Fourth Amendment of the Const. of the United States. She read it out. No warrants shall issue but upon probable cause...particularly describing the thing to be searched...a wiretap is a search...a wiretap is a search...you are looking for something...it falls under the Fourth Amendment...NYT says a small number of senators were informed of the prez's decisions...but that doesn't mean that the action was within the law...if eight out of 535 congresspersons were told, does that make the act any less culpable? I don't think so. Resolution passed under Sept 11th gave president authorization to use force to prevent future acts...she was going to read it...she can't find it...here it is Authorization for use of Military Force...§ 2, authr for use of military forces...seems aimed toward those who he think were involved in Sept 11...reference to the War Powers Act...what this resolution is is use of force, not use of wiretapping or surveillance of U.S. citizens...that is the jurisdiction of the FISA court...how FISA law allows communication and transfer of foreign intell from one agency to another if a significant purpose is foreign intelligence, as opposed to it used to be a "primary purpose"...how can we say that the people of the US are protected by the PATRIOT Act if what is in the NYT is true?...she says this is the most significant thing she has heard in her twelve years...she says due process is what makes us different...that's why the fourth amendment was added to the bill of rights...searches and seizures must not be carried out unilaterally to the President...door has been opened to a very major investigation...people who know me know I am not led to hyperbole...she yields the floor at 14:23...

Now, Sen Dayton (MN)...wait, no it's now Sen Byrd (WV)...thanks Dayton for yielding...says he wishes Dayton would win again...says the reason is because Dayton was one of 23 to vote against resolution to yield force...Byrd says in his 47 years he is most proud of that vote? Why? He holds up the constitution. Mr Pres, I believe in America. Let me say that again. I believe in the dream of the founders and framers of our inspiring Const. I believe in the spirit that drove Lincoln to risk Alllll to preserve the Union. I believe in what Kennedy challenged America to be: the great experiment called democracy. Stand as a beacon (and he points)...that lights and energizes the people around the world. Today, today sadly, that beacon is dim. This Admin's America is becoming a place where the strong are arrogant and the weak are ignored. Yes we hear high-flowing language from the WH about bringing democracy to lands where democracy has never been. But does the rhetoric really match the reality? I speak of the actions of our own gov't, actions that have undermined the cred of this great country around the world. These actions taken as a whole form an unsettling picture. Abu Ghraib? Do we remember? Explained as an aberration. Guantanmo Bay? Denied as an exaggeration. Now we read about the socalled policy of rendition. What a shame. Secret prisons in foreign lands. What a word, rendition. What a word. Sounds so vague almost harmeless. But the practice is abhorrent. Let me say that again. Abhorrent. Abhorrent. It's an affront, an affront to the principles of freedom. The very opposite of principles we claim we're trying to transplant to Iraq and other rogue nations. What is the value of having the CIA sit as judge and jury as to who might be a threat to our national security? Such determinations receive no review from a court of law...abducts people from foreign country and flies them off to who knows where...held in secret prisons of unknown countries...tortured by the hands of secret police...is this the America that Nathan Hale died for?...when he said he regretted that he had but one life to lose for his country...is this the beacon of freedom inspiring other nations to follow?...torture...treaties...disgusting, degrading practice of rendition should seek immediately...is this what Patrick Henry was talking about, give me liberty or give me death?...cites the words of Sen. John McCain...thuggish practice of rendition...similarly alarming effort to reauth PATRIOT Act...what is happening to our cherished America? What is happening? He holds up the constitution once again. Sept 11th is not a green light to shred the consitution. Suppose I want to get a book out of the library. Suppose I want to read Love's Labour Lost? Suppose I want to read about the Tale of Two Cities? They gonna seize those library records, get a load of that. To spy on...sick sick..s..i..c.k..perversion of our manner of our justice...paranoia must not be allowed to chip away at our civil liberties...we must not trash teh 4th amdt., holds up const again because U.S. Senate is being stampeded at end of a governmental session...not what the framers had in mind, not what Benj Franklin had in mind...not what Morris had in mind...James Wilson...spying on ordinary, unsuspecting citizens...without their knowledge? No, that is not what the framers had in mind. Yesterday we heard military was spying on citizens merely who chose to speak their mind...what a disgrace. Today we hear the military is tapping the phone lines of citizens without the approval of a judge? PHew on that statue of liberty. Labeling civil disobedience...is not what the framers had in mind. Read the history, read the history. Those who would give up liberty to get a little security diserve neither liberty nor safety. Separation of powers...holds up constitution (size of his palm, has it in his hand and he's shaking it around)...points to the cameras, the people out on the broad prairies, out on the plains, the frozen wastes of the North Pole, that american liberty extends everywhere...these checks are what safeguard freedom...safeguard us all and points to everyone...we owe it to those men and women to deliberate meaningfully...senate can stand against an overreaching president of an party, any party...the patriot act has gone too far, gone too far...secret renditions should be stopped stopped stopped! Torture must be outlawed. Our military should not spy on our own people. The Senate has spoken. Let us secure our country but not by destroying our liberties. Thank almighty god for this const. and for the framers who wrote it, who risked their lives and their fortunes and their sacred honor. Thank god for checks and balances, thank god for the senate. Thanks all senators...thanks the senator from Minnesota...

Senator from MN is recognized...but parliamentary inquiry from McCain, wants to follow Sen from MN...so now Mark Dayton (MN)...[14:47]

Dayton, McCain, Lieberman have spoke. Now Durbin. McCain was talking about the Abramoff scandal, and politicians being flown to play golf at St. Andrews...[15:10]

I tuned out for awhile but there was more action toward the end of the senate session. Minority Leader Reid spoke for a little while about ANWR being reinserted into the Defense Bill and how that was going to be a big problem. He was saying he had heard that it was a possibility.

Then Sen. Warner came to the floor and said how the House was thinking about reopening the defense bill conference report to insert a certain provision, Warner would not name it. He said, the House is free to do what it wants but if they reopen the CR and attach that provision I will not support it in the Senate even though I have supported that provision under other circumstances in the past.

So Sen. Reid was taken aback and said that if you looked up senator in the annals of history the example given might just be Sen. Warner. Sen. Reid said he would not be able to support the defense bill if the ANWR provision is attached to it by the House. He said that would be a real shame because there is a war going on and it's crazy that we can't get this bill through, with all the other problems and negotiations it has been subject to (torture issue).

Sen Frist spoke about the Saturday session. It will start at four pm eastern. He discussed the possibility of a sunday sesssion. He said monday will be very busy. He said he did not anticipate and roll call voting on Saturday but he recognized that the course of the rest of this session might not be so easy to predict.