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Backers of a proposed four-year extension of the USA Patriot Act failed to shut off Senate debate today, preventing a vote on the matter and dealing a setback to President Bush on a major issue involving anti-terrorism efforts and civil liberties.
The Democratic-led filibuster drew enough Republican support to keep the president's allies from gaining the 60 votes needed to end debate in the 100-member chamber. The 52-47 vote will require the White House and congressional leaders to seek another way to deal with the scheduled Dec. 31 expiration of key aspects of the law.
The House voted 251 to 174 Wednesday to renew the law with some modifications, but opposition was stronger in the Senate. There, a number of Republicans joined most Democrats in saying the proposed revision would do too little to protect civil liberties.
The Patriot Act, approved after the Sept. 11, 2001, terrorist attacks, made it easier for the FBI to conduct secret searches, monitor telephone calls and e-mails, and obtain bank records and other personal documents in connection with terrorism investigations. Critics said the proposed renewal would do too little to let targeted people challenge national security letters and special subpoenas that give the FBI substantial latitude in deciding what records including those from libraries should be surrendered.
In today's Senate debate, several lawmakers cited a New York Times report disclosing that Bush signed a secret order in 2002 authorizing the National Security Agency to eavesdrop on U.S. citizens and foreign nationals in the United States, despite previous legal prohibitions against such domestic spying.
Sen. Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, called the domestic spying "clearly and categorically wrong" and vowed to hold oversight hearings on the matter when the Senate reconvenes early next year after its holiday recess.
"This administration feels it is above the law, and the American people and the Constitution pay the price," said Sen. Edward M. Kennedy (D-Mass.). "There is no accountability. There is no oversight. . . . This is Big Brother run amok."
"Mr. President, it is time to have checks and balances in this country," thundered Sen. Patrick J. Leahy (D-Vt.), the Senate Judiciary Committee's top Democrat. "We are a democracy!"
Sen. Jon Kyl (R-Ariz.) was among those urging approval of the four-year renewal. If terrorists attack the United States next year, he told his colleagues, "we will have to answer to that if we don't vote to renew the Patriot Act."
Several senators who supported the filibuster said neither Congress nor the White House will allow the law to expire. Some suggested a three-month extension of the existing law, allowing the House and Senate more time to negotiate a four-year extension with revised civil liberties safeguards.
After it was clear that the effort to shut off debate would fail, Senate Majority Leader Bill Frist (R-Tenn.) switched his vote from yes to no, a parliamentary move to allow him to seek a new vote later.
Frist again rejected a Democratic appeal to take up a short-term extension of the Patriot Act, saying that "the president will not sign such an extension."
After the vote, he said senators who opposed cutting off debate on the reauthorization should continue discussing it.
"The debate will continue on this very important bill," Frist said. "Again, we will not see a short-term extension."
The four Republicans who backed the filibuster because of their opposition to the bill were Chuck Hagel (Neb.), Lisa Murkowski (Alaska), John Sununu (N.H.) and Larry Craig (Idaho).
Two Democrats voted to end the filibuster: Tim Johnson (S.D.) and Ben Nelson (Neb.).
source: http://www.washingtonpost.com/wp-dyn/content/article/2005/12/16/AR2005121600221.html 16dec2005
WASHINGTON A group of U.S. senators, demanding increased protection of civil liberties, defied President George W. Bush on Friday by blocking renewal of the USA Patriot Act, a centerpiece of his war on terrorism.
A procedural move to cut off debate and call a vote on the issue fell eight votes short of the 60 votes needed, with a handful of Republicans joining most Democrats to oppose it. The vote was 52-47.
Proponents of the legislation warned that much of sweeping anti-terrorism law was to expire at the end of the month, and if it did, the nation could be placed at increased risk.
"We have a clear choice before us today: Do we advance against terrorism to make America safer or do we retreat?" Senate Majority Leader Bill Frist, a Tennessee Republican, said shortly before the vote.
"God forbid that there be a terrorist attack that could have been prevented by the Patriot Act after it has expired," said Sen. Jon Kyl, an Arizona Republican.
Senate Democratic and Republican foes of the proposed renewal said the law could be swiftly renewed if lawmakers agreed to better balance national security with civil liberties.
"None of us wants it to expire, and those who threaten to let it expire rather than fix it are playing a dangerous game," said Sen. Patrick Leahy, a Vermont Democrat.
Fifty Republicans and two Democrats voted to end debate on the renewal legislation; five Republicans, one independent and 41 Democrats blocked it with a procedural hurdle.
Approved earlier this week by the House of Representatives, the legislation would make permanent 14 anti-terrorism provisions set to expire on Dec. 31, and extend for four years three others.
SECRET SEARCHES
The Patriot Act was first passed after the Sept. 11, 2001, attacks to expand the authority of the federal government to share information, conduct secret searches, obtain private records and monitor telephone calls in its quest to track down suspected terrorists and prevent potential attacks.
But with complaints by some conservatives as well as liberals, House and Senate negotiators agreed in a recent conference report to increase the protection of the civil liberties of law-abiding Americans.
Senate Minority Leader Harry Reid, a Nevada Democrat, said, "In my view, and in the view of many of my colleagues on both sides of the aisle, the conference report still does not contain enough checks on the expanded powers."
The Senate showdown over the Patriot Act occurred as the U.S. Congress sought to wrap up its work for the year and go home for the holidays.
Opponents have suggested that expiring provisions be temporarily extended as they are written now until congressional negotiators can resolve differences.
But Republicans leaders and the White House have vowed to reject any short-term extension and it was unclear if all sides would find a long-term solution any time soon.
At the White House, spokesman Scott McClellan said, "This law has helped prevent attacks from happening by breaking up terrorist cells in parts of the United States."
"And while the Senate didn't pass the vote that they were looking to do right now, the leadership is committed to moving forward on this," McClellan said. "They're still in for some more time this year. We urge them to get this done now and pass that legislation."
Additional reporting by Tabassum Zakaria
source: http://today.reuters.com/business/newsarticle.aspx?type=tnBusinessNews&storyID=nN16328193&imageid=&cap= 16dec2005
WASHINGTON, Dec. 16 The process to renew key provisions of the Patriot Act was stalled Friday in the US Senate, to the dismay of the Bush administration.
In a crucial vote, Senate supporters of the renewal can not get the 60 votes needed to overcome a threatened filibuster by a group of bipartisan opposers.
The final vote was 52-47 and the renewal supporters were eight votes short of moving forward the reauthorization process.
Both the Bush administration and Republican congressional leaders have been lobbying very hard to make most of the expiring Patriot Act provisions permanent, and to add new safeguards and expiration dates to the two most controversial parts: roving wiretaps and secret warrants for books, records and other items from businesses, hospitals and organizations such as libraries.
However, congressional critics said that is not enough, and have called for the law to be extended in its present form so theycan continue to try and add more civil liberties safeguards.
If a compromise can not be reached very soon, the 16 key Patriot Act provisions are set to expire on Dec. 31.
The White House was upset by the vote. "In the war on terror, we cannot afford to be without these vital tools for a single moment," White House spokesman Scott McClellan said.
Previously, the US House of Representatives voted Wednesday to extend key provisions of the Patriot Act after a compromise was reached between House and Senate leaders on the issue.
The US Congress passed the Patriot Act shortly after the Sept. 11 terror attacks. The law expanded the government's power againstsuspected terrorists, their associates and financiers, but critics said it infringes too much on the privacy and liberty of US citizens.
source: http://news.xinhuanet.com/english/2005-12/17/content_3933011.htm 16dec2005
WASHINGTON Rebel conservative Republicans and Senate Democrats handed George W. Bush a major defeat Friday, but GOP officials insist it will end up backfiring in next year's mid-term elections. Despite intense pressure from the White House and Senate Republican leadership to extend for 4-10 years parts of the USA Patriot Act which are due to expire at the end of the month and make other parts permanent, civil liberty-minded opponents of the bill brought it down Friday by sustaining a Filibuster. Revelations in Friday's New York Times that the White House had secretly authorized the National Security Agency to eavesdrop on suspected terrorists within the United States since 9/11 without warrants only stiffened opponents' resolve and helped attract new allies. Democrat Charles Schumer, for instance, went to bed Thursday undecided, he said, but the Times article "greatly influenced my vote" to maintain the filibuster.
The backroom haggling and front-and-center rhetoric over the Act's extension went on right up to the end. Earlier in the week, Senate Majority Leader Bill Frist declined an offer made by Vermont Democrat Patrick Leahy of the Judiciary Committee, to enact a three month extension of the law to buy time for further negotiations. In the last few days, the White House dispatched Attorney General Alberto Gonzales to address the Senate Republican's policy luncheon on Capitol Hill. But he failed to convince key Senators, such as Republicans Larry Craig of Idaho, John Sununu of New Hampshire and Lisa Murkowski of Alaska, all of whom object to the limited checks on executive authority in the bill. Instead, the opponents won over other GOP colleagues including presidential hopeful, Senator Chuck Hagel of Nebraska. The rhetoric got so hot Thursday that Republican Senator Jon Kyl of Arizona, a White House ally on the issue, said on the floor of the Senate that a terrorist attack that occurred after the expiration Could be on the heads of those who voted to support the filibuster.
At the same time, Democratic opponents, led by Russ Feingold of Wisconsin and Dick Durbin of Illinois, held moderates like Mary Landrieu of Lousiana and Joe Lieberman of Connecticut, and the increasingly hawkish Hillary Clinton of New York. The numbers left the GOP and the President short by 8 votes in their attempt to override the filibuster. As the clock ticked down Thursday night, the GOP leadership launched a last ditch effort to swing Senators, threatening to let the law's sunseted provisions expire entirely. "Tomorrow's vote is going to be the only vote," warned Frist aide Bob Stevenson.
Despite the apparent Democratic win, Republicans are convinced it will prove to be a Pyrrhic victory in an election year. They claim it will be the perfect weapon to beat the Dems with next November. "If they're against this it's going to hurt them politically," says a top GOP aide. "When you side with the American Civil Liberties Union over law enforcement, you got a problem in an election year."
source: http://www.time.com/time/nation/article/0,8599,1141595,00.html 16dec2005
WASHINGTON Republicans struggled Thursday to keep a permanent extension of the Patriot Act on track as critics appeared to gain ground in their bid to derail the anti-terrorism legislation.
The two sides were poised for battle on the Senate floor today, where a filibuster was planned to force the framers of a House-backed compromise bill back to the drawing board.
The opponents gained momentum when Sen. Dianne Feinstein (D-Calif.), a defender of the original Patriot Act, said she would support a filibuster. The White House and the Republican leadership sought to corral votes to avoid a year-end political embarrassment.
A deeply divided chamber engaged in an often-emotional debate Thursday, weighing issues of security and liberty on a day that one member noted was the anniversary of the ratification in 1791 of what would become known as the Bill of Rights, including the 4th Amendment's right against unreasonable searches.
"It is ironic that we are considering legislation that would greatly undermine that principle, " said Sen. Ken Salazar (D-Colo.), part of a bipartisan group of nine senators building support for the filibuster.
Senate Majority Leader Bill Frist (R-Tenn.), while acknowledging that the vote would be close, said Thursday he expected the Senate to overcome opposition and pass the legislation. "We'll have the votes by tomorrow," Frist said.
But Sen. Patrick J. Leahy (D-Vt.), a leading opponent of the measure, dismissed the prediction and said opponents appeared to have enough support to sustain the procedural stalling tactic.
Sixty votes would be needed in the 100-member chamber to end debate and move to passage of the legislation. The arithmetic could pose a problem: Republicans hold 55 seats, but four are committed to opposing the legislation; even absent further defections, supporters would have to win over nine Democrats.
Senate Republicans were developing a backup plan in case the filibuster threat succeeded, such as a short-term extension of the law in its original form. Others speculated that the leadership might pull the bill at the last minute to avoid an embarrassing denouement.
Feinstein, a moderate who has been a defender of the current law, is considered an important swing vote in the debate. She and others predicted the act would be extended in some form, but without agreement on key changes.
"What will be lost is the much-needed sense that the Patriot Act represents a broad consensus," Feinstein said on the Senate floor. "Having a consensus bill is of paramount importance."
The uncertain fate of the legislation owes much to an unlikely alliance that includes Wisconsin Sen. Russell D. Feingold, a possible 2008 Democratic presidential candidate, and several conservative Republicans. The group said the White House miscalculated by not taking their concerns more seriously.
"I think the president has not been especially well-served by those who took on the responsibility of crafting this extension," said New Hampshire Sen. John E. Sununu, one of four Republicans who support the filibuster.
"I think the administration has been surprised about the depth and breadth of concern on this issue," Sununu said in an interview. "It is another indication of their lack of engagement. They shouldn't be surprised. They thought it would be an easy vote . We all know it is going to be very close."
The sticking points involve what Sununu described as "a few areas of a very large bill." Sixteen provisions of the Patriot Act expire on Dec. 31, although the debate has zeroed in on a few, including one popularly known as "the library provision."
In general, critics contend the law should be changed to require federal agents, when requesting records in terrorism cases, to demonstrate a closer connection between the records they are seeking and terrorism suspects. Without that connection, they say, authorities can engage in fishing expeditions that intrude on the lives of ordinary citizens.
At the same time, many of the provisions have been little-used. The Justice Department has estimated that a form of search warrant that has been at the center of the debate constitutes less than 1% of the number of federal search warrants executed since the attacks of Sept. 11, 2001.
Another section that gives the government authority to obtain records from a broad array of businesses, including libraries and bookstores, has been used a few dozen times, Justice has said.
Supporters predicted dire consequences if the bill did not pass. The Patriot Act "will prevent future acts of terrorism unless we allow it to expire," Sen. Jon Kyl (R-Ariz.) said. If a filibuster resulted in the act's ceasing to exist and an attack occurred, "everyone who votes to support a filibuster will have to answer for that," Kyl said.
Opponents denied they wanted to kill the law. They said they wanted to improve it.
"Jon, you're wrong," said Sen. Larry E. Craig, an Idaho Republican. "Jon, you're just flat wrong. We are talking about and focusing on a very small part."
source: http://www.latimes.com/news/nationworld/nation/la-na-patriot16dec16,1,7765757.story?coll=la-headlines-nation 16dec2005
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