FISA Vote: Obama Betrays his Supporters

Obama has once again proven himself to be just another typical politician.

More than two and a half years after the disclosure of President’s Bush’s domestic eavesdropping program set off a furious national debate, the Senate gave final approval on Wednesday afternoon to broadening the government’s spy powers and providing legal immunity for the phone companies that took part in the wiretapping program.

Why not wait till after the election when the Democrats control the Congress and White House? What was the hurry? Why give Bush what he wanted? It also makes Hillary look the good guy.

The plan, approved by a vote of 69 to 28, marked one of Mr. Bush’s most hard-won legislative victories in a Democratic-led Congress where he has had little success of late. Both houses, controlled by Democrats, approved what amounted to the biggest restructuring of federal surveillance law in 30 years, giving the government more latitude to eavesdrop on targets abroad and at home who are suspected of links to terrorism.

The issue put Senator Barack Obama of Illinois, the presumptive Democratic nominee, in a particularly precarious spot. After long opposing the idea of immunity for the phone companies in the wiretapping operation, he voted for the plan on Wednesday. His reversal last month angered many of his most ardent supporters, who organized an unsuccessful drive to get him to reverse his position once again. And it came to symbolize what civil liberties advocates saw as “capitulation” by Democratic leaders to political pressure from the White House in an election year.

Senator Hillary Rodham Clinton of New York, who was Mr. Obama’s rival for the Democratic presidential nomination, voted against the bill.

This from the AP:

Sen. Barack Obama's vote in favor of anti-terrorist surveillance legislation on Wednesday marked an about-face on the issue that left him comfortably in the bipartisan middle, no matter the criticism from John McCain nor the discomfort among liberal Democrats.

"Given the choice between voting for an improved yet imperfect bill, and losing important surveillance tools, Senator Obama chose to support" the legislation, his office said, even though it contained a provision the Democratic presidential nominee-in-waiting had flatly opposed.

Translation: With the general election looming, preventing another terrorist attack trumped fears that privacy rights may be violated.

Ironically, the Democratic presidential contender cast his vote one day after telling a campaign audience that accounts of a shift toward the center on the Iraq War, guns, the death penalty and other issues were unfounded. "The people who say this haven't apparently been listening to me," Obama said in response to a question at a town hall-style event.

Legal immunity for companies such as AT&T is not an issue likely to affect many votes in November.

This from Glenn Greenwald:

The Democratic-led Congress this afternoon voted to put an end to the NSA spying scandal, as the Senate approved a bill -- approved last week by the House -- to immunize lawbreaking telecoms, terminate all pending lawsuits against them, and vest whole new warrantless eavesdropping powers in the President. The vote in favor of the new FISA bill was 69-28. Barack Obama joined every Senate Republican (and every House Republican other than one) by voting in favor of it, while his now-vanquished primary rival, Sen. Hillary Clinton, voted against it. John McCain wasn't present for any of the votes, but shared Obama's support for the bill. The bill will now be sent to an extremely happy George Bush, who already announced that he enthusiastically supports it, and he will sign it into law very shortly.

This from Power Line:

Standing with his party's hard-left wing through the primary season, Barack Obama consistently opposed granting immunity to telecoms who cooperated with the federal government's foreign terrorist surveillance program in the years after September 11. Obama went even farther by vowing to oppose any cloture motion on the FISA reform bill as long as it included telecom immunity. Jake Tapper has assembled the quotes, including this one from Obama's Senate office in December:

Senator Obama unequivocally opposes giving retroactive immunity to telecommunication companies and has cosponsored Senator Dodd's efforts to remove that provision from the FISA bill. Granting such immunity undermines the constitutional protections Americans trust the Congress to protect. Senator Obama supports a filibuster of this bill, and strongly urges others to do the same....Senator Obama will not be among those voting to end the filibuster.

Like everything Barack Obama says, that pledge was operative only as long as it was in Obama's political interest. Last month, he announced a change in position. He still favored the Dodd amendment to strip telecom immunity from the act, but said he would now vote in favor of cloture and in favor of final passage of the FISA reform bill.

Today, the FISA bill came up for a series of votes in the Senate. Consistent with the new position he announced last month, Obama voted for the Dodd amendment, to delete telecom immunity from the act. The Dodd amendment failed, 66-32. Later came the cloture vote, the one on which Obama had pledged to vote "No." Obama voted "Yes." He then voted with the 69-28 majority in favor of the act.

Talking Points Memo:

No surprises here. Just the weight of disappointment.

Late Update: Worth noting that Hillary voted against the bill, while Obama --as we've noted here before -- changed positions on telecom immunity and voted for the bill.