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Published Letters: 307

Monday, February 11, 2008 03:28 PM

More Details On FISA Procedure

Glenn may have more current information, but I just want to note that 1/31's Unanimous Consent Agreement setting out the time for debate, and the vote margins for the various FISA amendments ended this way:

provided further, that a managers' amendment be in order if cleared by the managers and the leaders; that upon disposition of all amendments, the substitute amendment, as amended, be agreed to, and the bill be read the third time; that the Senate then vote on the motion to invoke cloture on the bill [that motion was filed 2/8]; that upon passage of the bill, the Senate proceed to Calendar No. 517, H.R. 3773, and all after the enacting clause be stricken and the text of S. 2248, as amended, be inserted in lieu thereof, the bill be advanced to third reading, passed, and the motion to reconsider be laid upon the table; that passage of S. 2248 be vitiated and then returned to the calendar.

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2008_record&page=S536&position=all

Thus, as I read this UCA, without a statement to the contrary about requiring 60 votes for final passage of the FISA bill, with or without immunity, I believe final passage will be by simple majority vote (perhaps even voice vote without a roll call), rather than with 60 votes (which the cloture motion does require for passage). In other words, the cloture vote requiring 60 votes to pass is where our hand is strongest, and where we have to make our stand. We should focus on stopping this Senate Intelligence Committee bill by trying to reach 41 Nays (including missing votes from those not present) on Tuesday's cloture motion vote.

Secondly, mcjoan's new FISA post at DailyKos mistakenly states that successfully stopping passage of cloture on FISA tomorrow would only extend debate another 30 hours -- that's actually the normal procedure if a cloture motion is passed with 60 votes. If cloture fails, unlimited debate on this bill is still possible, unless and until another cloture motion is filed and passed with 60 votes after a couple of days delay (unless a UC request shortens the time before the vote). In the case of FISA on Tuesday, Chris Dodd has waived the full 30-hours of post-cloture (if any) debate, in exchange for four hours under his control. Clearly he hopes he doesn't have to use that time, and that cloture will instead fail (by not reaching 60 votes), and that Harry Reid will then do what he should have done in the first place, which is to substitute the Senate Judiciary Committee bill for the Intelligence Committee bill, Rockefeller's spleen notwithstanding.

Monday, February 11, 2008 04:31 PM

Tuesday Morning's FISA Voting Order

Senator Reid just submitted, at 7:02 p.m. ET, a Unanimous Consent Request (no objection was heard) regarding the order of votes on FISA amendments tomorrow, Tuesday, 2/12/08, as follows:

Amendment #3920 (60 votes needed)

Amendment #3910 (60 votes needed)

Amendment #3979

Amendment #3907

Amendment #3912

Amendment #3938, as modified

Amendment #3927

Amendment #3919 (60 votes needed)

Votes will start shortly after 10 a.m. (there will be no period of "morning business" tomorrow).

Reid then mumbled something about the cloture motion vote, which I missed [that motion will require 60 votes, including more than a handful of Democrats, if this Soviet-style police state measure is to pass out of the Senate]. Yet Reid seems confident he's got his fifth-columnists all lined up to get this grotesquely-unConstitutional Senate Intelligence Committee FISA bill (whether or not amended) to the House "very quickly" so as to receive a product in return by Friday, negating the need, as he "hopes," for another extension of the PAA.

There will be ten minutes of debate controlled by someone before each vote, I believe he said. Finally, Harry Reid has high hopes that these eight amendments can all be disposed of before the Senate takes its weekly party caucus midday Tuesday break starting at 12:30 p.m. (until 2:15 p.m.) tomorrow. So the critical cloture vote may come shortly after 2:15 p.m. Tuesday.

There are only two senators still to speak on FISA tonight before the votes begin tomorrow - Arlen Specter is speaking now, to be followed by Chris Dodd, and then the Senate will adjourn.

As Harry Reid just said about the need for another PAA extension: "Time will tell..."

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