Saturday, May 23, 2015

Senate Careens Toward Patriot Act Sunset

by JASmius



I don't know what has me shaking my head more furiously, Mitch McConnell's incompetent "leadership" or Rand Paul's political death wish:

The Senate early Saturday couldn't agree on a measure that would stop U.S. spying through phone records and extend the program past June 1st, instead opting to reconvene earlier than expected.

Three spying provisions of the USA Patriot Act are scheduled to expire on June 1st, including the National Security Agency's bulk collection of domestic phone records. Senators left Washington Saturday after the rare overnight session for a weeklong Memorial Day vacation. They will return May 31st, a day before the program is set to expire. [emphasis added]

Using deadlines as leverage only works when your side has the leverage.  This is the natural political law that Mitchie The Kid is incapable of understanding.  It's why the GOP lost the government shutdown almost two years ago - Barack Obama and Harry (G)Reid weren't going to budge, and they knew that McConnell and John Boehner would take the blame for any shutdown.  So why force a confrontation you can't win because you're not willing to do what it takes to win?  History repeated itself on Obamnesty in last December's lame duck session, and then again on DHS Obamnesty funding two months later.  And now here comes the Patriot Act renewal, and damned if McConnell isn't driving into the same damned ditch.

The Senate Majority Leader ought never to lack leverage in any situation.  Dirty Harry never did in his eight years ruling the upper chamber.  Why?  Because the Democrat senate caucus was his shock troops, upon whom he imposed iron party discipline.  Sing Along With Mitch?  Are you kidding?:

Last week, the House passed a bill to overhaul the NSA, including a provision that would shift the responsibility for the data collection from the federal government to phone companies on a case-by-case basis and stricter limits on how the information could be accessed. That measure failed in a 57 to 42 vote. The House-passed two-month extension of the current law was voted down 54 to 45.

Harry (G)Reid played the Senate like a Stradivarius; Mitch McConnell plays it like a kazoo.  No wonder the GOP grassroots have zero confidence in their party's leadership.

If there's any punchline to this sorry-ass debacle, it's that the latter's nemesis in this instance couldn't draw flies for his official Patriot Act repeal - although, of course, he didn't have to:

[Kentucky GOP Senator Rand] Paul said the NSA's spying program violates the Fourth Amendment protection from unreasonable searches and seizures. His move to block the legislation frustrated other Republicans, who worry about a lapse in the program.

As well they should, as if the Republican Congress fails to keep the Patriot Act in place, guess who's going to get the blame when the next 9/11 or worse hits?  It ain't gonna be Barack Obama.  Remember who got blamed for failing to "connect 9/11 the dots"?  It weren't Bill Clinton.  And Rand Paul will have been the point man on dismantling our counter-terrorism defenses.  Not exactly the top entry a GOP presidential aspirant ought to want on his resume.

Ditto his rather...extreme reading of the Fourth Amendment, since all the Patriot Act authorizes is the collection of the record of phone calls and other communications - that a call was placed from such and such a number to such and such a number for this duration on this date - not their content.  It's the equivalent of the USPS knowing you sent a letter to your cousin but not opening the envelope.  The intel is gathered from the phone numbers and locations and times, not the content of the communications itself.  Which is precisely the "probable cause" that the Amendment IV references.

It's irrational obstructionism of national security imperatives, as opposed to the entirely rational obstructive opposition of Democrats, whose overseas objectives are (presumably) not the same as those of Senator Paul.  And although I don't cynically question his day-glo obvious motivation like John McCain did, the Arizona senator does make a very reasonable and valid point:

"There's ninety-nine people who were basically willing to have this put off for a period of time so there could be negotiations and one person decided that he didn't want to have that happen," said Senator John McCain (R-AZ) suggesting Paul's motive was to boost campaign fundraising. "I'm sure it's a great revenue raiser."

No, Sailor, it's not about campaign fundraising.  Rand Paul simply has a political death wish.

The Elderly Campbell's Soup Kid, ironically, sums it up:

"This is a high-threat period and we know what's going on overseas," McConnell said on the Senate floor. "My colleagues, do we really want this law to expire?"

Apparently, amazingly, outrageously, the answer appears to be "yes".

Exit question: Anybody think this is going to be responsibly resolved in a single mad dash to the finish?  Thanks a heap, Mitchie.

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