Obama, FISA, and wiretapping
Dear Angry Progressives,
I feel like you're over-simplifying the vote on FISA just a bit.
Yes, we're all upset about it. I don't think any progressive Democrat in his or her right mind thinks FISA was a good idea, and many of us think Obama really let us down with it.
Still, have you seen the roll call?
I intentionally link that particular page's entry on it since it gives a conservative perspective (read the comments). What I really want to emphasize first is that sixty-nine senators voted yes. That's filibuster-proof. That's veto-proof. Overwhelming, unfortunately, and it reflects the mentalities of many Americans.
Even had Obama not voted with them, it would have been veto-proof and filibuster-proof. And then, he would have been opening himself to a lot of criticism from people whom he really needs to win over by November.
The truth is that Obama gambled. He made a very small investment (by voting for a bill that would pass easily anyway, but that would cost him a lot to vote against). He's hoping that the return on it is the presidency. Why?
The bill is about three things. Limiting tort law (telecom immunity), presidential power (wiretapping), and one final thing that's much harder to summarize in a short catchphrase: how the hell do we handle law suits aimed at companies that were following an unconstitutional presidential decree?
The first, I agree, is stupid. The second is where we feel betrayed. But, from a constitutional perspective (and remember, Obama is a constitutional law scholar), I can't help but think the third is the thing that's made this bill so popular with the legislators. Pass this bill and we can talk about more important things, possibly; vote against it, and we'll still be stuck on it for months if not years.
Now, consider the pay-off of Obama's gamble.
Obama wins the White House. He's in control of the use of the wire-tapping provisions in FISA, but he's already indicated that he thinks they're unconstitutional. That means he won't use them--and really can't, since he's already laid out his feelings (as a constitutional law scholar no less) on the issue.
If McCain wins? Who knows. But Obama voting against the bill would have made a McCain victory more likely and changed nothing. It still would have passed.
I think Obama's mistake was in his failure to recognize (a) how upset progressives would be, but more importantly, that (b) people on the left would smear him more effectively than swiftboating over something that is really a non-issue.
I have no doubt that if his vote had been the tie-breaking vote, he would've gone against FISA instead of for it.
So, please, before you start broadcasting to everyone what a freaking idiot you think Barack Obama is, go learn some game theory.
I feel like you're over-simplifying the vote on FISA just a bit.
Yes, we're all upset about it. I don't think any progressive Democrat in his or her right mind thinks FISA was a good idea, and many of us think Obama really let us down with it.
Still, have you seen the roll call?
I intentionally link that particular page's entry on it since it gives a conservative perspective (read the comments). What I really want to emphasize first is that sixty-nine senators voted yes. That's filibuster-proof. That's veto-proof. Overwhelming, unfortunately, and it reflects the mentalities of many Americans.
Even had Obama not voted with them, it would have been veto-proof and filibuster-proof. And then, he would have been opening himself to a lot of criticism from people whom he really needs to win over by November.
The truth is that Obama gambled. He made a very small investment (by voting for a bill that would pass easily anyway, but that would cost him a lot to vote against). He's hoping that the return on it is the presidency. Why?
The bill is about three things. Limiting tort law (telecom immunity), presidential power (wiretapping), and one final thing that's much harder to summarize in a short catchphrase: how the hell do we handle law suits aimed at companies that were following an unconstitutional presidential decree?
The first, I agree, is stupid. The second is where we feel betrayed. But, from a constitutional perspective (and remember, Obama is a constitutional law scholar), I can't help but think the third is the thing that's made this bill so popular with the legislators. Pass this bill and we can talk about more important things, possibly; vote against it, and we'll still be stuck on it for months if not years.
Now, consider the pay-off of Obama's gamble.
Obama wins the White House. He's in control of the use of the wire-tapping provisions in FISA, but he's already indicated that he thinks they're unconstitutional. That means he won't use them--and really can't, since he's already laid out his feelings (as a constitutional law scholar no less) on the issue.
If McCain wins? Who knows. But Obama voting against the bill would have made a McCain victory more likely and changed nothing. It still would have passed.
I think Obama's mistake was in his failure to recognize (a) how upset progressives would be, but more importantly, that (b) people on the left would smear him more effectively than swiftboating over something that is really a non-issue.
I have no doubt that if his vote had been the tie-breaking vote, he would've gone against FISA instead of for it.
So, please, before you start broadcasting to everyone what a freaking idiot you think Barack Obama is, go learn some game theory.