Nine Eight House Republican freshmen and three inaugural members of the Tea Party Caucus voted against a proposed extension of three Patriot Act provisions Tuesday night, blocking the measure from passage under fast-track rules.
The House clearly backed the measure, voting 277 to 148 to extend the provisions, and most Republicans stuck by their leadership and supported the extension. But enough defected, joined by most Democrats, to keep the measure seven votes shy of the two-thirds majority required for passage under the fast-track procedure.
The House is likely to bring the extensions back up before the end of the month under regular procedures, when a simple majority would suffice to send it to the Senate.
Attention immediately swung to whether House members sympathetic to the tea party had decided the matter, especially after Rep. Dennis J. Kucinich (D-Ohio) said Monday that the vote would be “the tea party’s first test.”
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The vote was a blow to President Obama, who had asked Congress to extend the PATRIOT Act’s surveillance authorities — which are due to expire February 28 — for three years.
House Republican leaders weren’t willing to go that far in removing meaningful congressional checks and balances on the surveillance authorities that both the Bush and Obama administrations have used to conduct “roving surveillance” of communications, to collect and examine business records, and to target individuals who are not tied to terrorist groups for surveillance. But they did propose a one-year extension of the authorities.
Most House Republicans — including supposed defenders of the Constitution such as Michigan Congresswoman Michele Bachmann — went along with their leadership. In so doing, they failed to address fundamental concerns, raised by conservatives and liberals, about Patriot Act abuses of the very Constitution that theyread aloud at the opening of the current Congress.
But House Minority Leader Nancy Pelosi, D-California, led the vast majority of House Democrats in opposing any extension. In all, 122 Democrats — roughly two-thirds of the party’s House caucus — voted “no” to extending surveillance authorities that the American Civil Liberties Union warns “give the government sweeping authority to spy on individuals inside the United States and, in some cases, without any suspicion of wrongdoing. All three should be allowed to expire if they are not amended to include privacy protections to protect personal information from government overreach.”
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Today, Dennis Kucinich and the Tea Partiers were on the same side. If Obama wants to be on the wrong side of this issue (as he seems to be on the wrong side in nearly every aspect of the ‘War on Terror’), then so be it. But the House of Representatives has shot down (perhaps only temporarily) a measure to extend the three most grievous portions of the Patriot Act from 2001 (the ‘lone wolf’ provision, the roving wiretaps, and the unchecked powers to seize records with little-to-no probable cause). It has been beyond disheartening to watch Barack Obama more or less carry the mantle of unchecked police powers and indefinite detention that highlighted George W. Bush’s reckless and counterproductive ‘War on Terror’ strategy. More importantly, the apparent approval and continuation of such policies by the Obama administration has turned what was once a bitterly divided series of issues into something resembling bi-partisan consensus. Quite frankly, there is much that the likes of Rand Paul and Dennis Kucinich can indeed agree on. Perhaps this may be the start of the genuine liberals in Congress joining with the genuine conservatives in order to attempt to stop much of the genuinely un-American activities that have occurred post-9/11 on our watch and in our name. It is a pipe dream, but it is a goal worth advocating none-the-less.
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As Members of Congress, we are obligated to protect the rights and civil liberties afforded to us by the Constitution and to exercise our oversight powers fully. Despite years of documentation evidencing abuse of these provisions by the Inspector General of the Department of Justice, they may extended without any meaningful debate or opportunity to implement common-sense reforms to ensure that the privacy and civil liberties of all Americans are fully protected. Our failure to do so makes Congress complicit in these violations of basic constitutional rights.
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The three provisions, incidentally, were for surveillance of non-citizens, roving wiretaps of multiple phones owned by a suspect, and the “library records” provision giving the FBI access to, among other things, medical and business records, which apparently was the sticking point for many Republicans voting no. Those three will lapse at the end of the month unless they’re extended; as with the Bush tax cuts, because the issue is contentious, Congress is in perpetual “temporary” extension mode instead of reaching a permanent resolution on any of them. Frankly, if there’s any tea party angle to all this, it’s that there wasn’t more opposition among the GOP freshmen: After months of rhetoric about government intrusion and hand-wringing on both sides about Obama’s expansion of Bush’s counterterror powers — to the point where U.S. citizens like Awlaki are now marked for death by presidential decree — they had some political cover to draw the line on extending parts of the Patriot Act further if they wanted to. (Ron Paul was among the 26 no’s, of course.) Nope.