February 14, 2008: House standing tall on FISA and separation of powers

Senate will finish Indian health care legislation on Tuesday

[18:50]
It's possible that there won't be any Senate session tomorrow. There will be some votes on Indian health care on Monday and then again on Tuesday.

The exciting action on the floor today concerned what will happen with FISA — both current FISA law, portions of which will expire Friday at midnight. And the new legislation, which the Senate passed last week but which the House would rather not take up. The House leaders would rather hold a conference to hash out the final version of the bill, a very common practice.

Lot of accusations flying about on the floor today. Publicity stunts going both ways. American people endangered, fearmongering etc.

House threatens adjournment and findings of contempt

[13:19]
The House is right now voting on a motion to adjourn. Congress is scheduled to break next week for the Presidents' Day recess. This adjournment vote will probably fail, but Democrats in the House have refused so far to vote on the Senate-passed version of new FISA legislation. President Bush spoke outside the White House today to ask the House to vote on the Senate-passed legislation. Current FISA law expires Friday at midnight. Bush is planning an Africa trip but he says he will delay his trip if need be.

Recall that the House version of new FISA legislation doesn't include retroactive immunity for telecoms. The Senate added such a provision. Leaders in the House would rather work out differences between the bills in conference than vote on the Senate legislation. It seems that the Senate legislation would pass the House, pulling support from Republicans and "blue dog" Democrats. These blue dogs are fiscally conservative but also moderate on national security issues. This Republican/Blue Dog bloc voted down a 21-day extension of current FISA law yesterday.

Also in the House, Democratic representatives are pushing for an issuance of contempt citations to White House Chief of Staff Josh Bolton and former White House counsel and one-time Supreme Court nominee, Harriet Miers. This relates back to the claim of executive privilege by these individuals during the U.S. attorney scandal din. It's no coincidence that the House is playing this card with FISA in the background.

John Cornyn (TX) took to the Senate floor to express his incredulity at the possibility that the House would adjourn without voting on the Senate version of FISA.

Meanwhile, the Senate is still considering Indian health care legislation. Byron Dorgan (ND) said moments ago that work on the floor was suspended until one senator returned from a speaking engagement across town. Dorgan couldn't believe that the whole bill was being held up by one senator's schedule. I'm not sure who that senator is. Most likely a Republican from a state with reservations, perhaps Jon Kyl (AZ).

Work on Senate floor will turn to Indian health care legislation

[9:52]
The pending business of the Senate is an update of legislation governing Indian health care.

Watchdog group hails six senators who eschewed pork

[9:47]
Taxpayers for Common Sense awarded a gold star to six senators who didn't sign up their states for pork-barrel projects last year. In no certain order these senators are:

• John McCain (AZ)
• Russ Feingold (WI)
• Tom Coburn (OK)
• Claire McCaskill (MO)
• Jim DeMint (SC)
• Jay Rockefeller (WV)

Among the biggest porkers were:

• Ted Stevens (AK)
• Robert Byrd (WV)
• Thad Cochran (MS)
• Daniel Inouye (HI)

Sessions assails Congressional budget process, calls for a 2-year budget

[9:46]
In a morning order speech, Jeff Sessions (AL) remarks that only three times since 1980 has Congress managed to pass all of its appropriations bills on time (i.e. by the beginning of the new federal fiscal year in October). In light of this, he is asking his colleagues to pass a two-year budget this time around. Not a bad idea.

Effort in House to extend current FISA law for 21 days failed

[9:44]
I know that this sight is called "Today in the Senate." But here's some info about yesterday in the House. An effort by Democratic leaders to pass a 21-day extension of the current FISA wiretap provisions failed by a vote of 191 to 229. Republicans, joined by so-called blue dog Democrats, defeated the proposed extension. Harry Reid (NV) has been trying to get a 15-day extension passed in the Senate.