Wednesday, February 13, 2008: Bush says he won't sign another FISA extension; He also threatens intelligence veto

Senators turn to Indian health care legislation

[17:59]
A Tester amendment aimed at cutting down on methamphetamine use on reservations passed. Bernie Sanders (VT) offered an arguably unrelated amendment adding funds for the low-income heating assistance program. Senators tried to get funds for this program — called Laheap (sp?) — into the economic stimulus but couldn't do so. Well, it's back.

Senators narrowly pass FY 2008 Intelligence conference report; Bush threatens a veto

[16:51]
Senators have just narrowly passed, by a vote of 51 to 45, the FY 2008 Intelligence authorization conference report. This conference report is the "final" version of the bill, as agreed to by representatives of the Senate and the House.

Republicans were voting against the report because it contained a provision requiring members of the CIA to adhere to the Army field manual when interrogating suspects. The Army field manual bans waterboarding. Yet, here was John McCain (AZ) joining Republicans in an effort to bring the report down.

It is rare that senators vote down a conference report. Normally the report represents legislation that a majority of senators have already voted to support.

I do not believe that Obama or Clinton participated in this extremely close vote.

Bush says that he will veto this legislation, voicing objections to the prohibitions of certain tactics by CIA interrogators.

Question about FISA extension

[15:29]
There was a question about the status of a second FISA extension. The short answer is that the second extension has not been passed by either the Senate or the House. The House is right now voting on a 21-day extension of the current FISA law. On the Senate calendar is a 15-day extension.

Now for the long answer. The current FISA legislation includes the electronic surveillance provisions known as the Protect America Act of 2007, passed in August. That Act included a 6-month sunset provision. Thus, it would have expired on Feb. 1 had Congress not passed a 15-day extension in January. The Protect America Act of 2007 is now set to expire on Saturday, Feb. 16.

The FISA update that the Senate passed yesterday would replace the FISA provisions of the Protect America Act. Of course, the Senate-passed FISA update must now be reconciled with the House-passed version. That could take several days, potentially leaving a "FISA gap" under which there is no law allowing the government to engage in certain types of surveillance.

President Bush has said he does not want another short-term extension. Democratic leaders in the Congress have said that they need the extension because it's going to take awhile for the Senate and the House to agree on a final version of the FISA update.

Today's work on intelligence authorization conference report has torture import

[9:40]

Later this morning, the Senate will vote on the conference report to accompany H.R.2082, the Intelligence Authorization Act. This legislation authorizes but does not fund intelligence-related programs. It is not related to the FISA legislation that the Senate passed yesterday. The conference report represents the agreement reached by conferees from the Senate and from the House.

The FY 2008 intelligence authorization import requires that CIA interrogators adhere and limit themselves to interrogation techniques prescribed by the U.S. Army field manual. Dianne Feinstein (CA) is on the floor talking about how today is about deciding whether or not we "want to go to the dark side." This is a reference to the Dick Cheney quote where he said that in order to win the war on terror the U.S. would indeed have to go to the dark side. Not so fast, Darth.

As House and Senate conference on FISA update, current law set to expire Saturday

[9:37]
President Bush said this morning that he would not sign another short-term extension of current FISA law. The Senate yesterday passed FISA legislation to replace some parts of the current FISA law. But the Senate version of the bill, which includes retroactive immunity for telecom companies, must be reconciled with the House version of the bill, which does include such a provision.

Harry Reid (NV) says that this is a continuation of the Republican strategy to force the House into conceding to the immunity provision at the last minute. Mitch McConnell (KY) says that there is a bipartisan majority in the House, including blue dog Democrats, that are willing to pass a bill including immunity. So there is no need for another short-term FISA extension.