Congress managed to pass and get to President Bush
for signature the amendment to the Foreign Intelligence
Surveillance Act (FISA) which sought to remedy an April decision by
the FISA court which had blocked certain surveillance of
international calls. Orin Kerr has an excellent
analysis of the new law. What is interesting is the Senate
vote. Red State Democratic Senators like Webb, Salazar, Pryor and
Nelson voted yes. Hillary, Biden, Obama and the Blue State
Democrats voted no. There were a few exceptions- Baucus and Tester
from Montana voted no. At least for Democrats from states where
they must compete for and win the votes of Republicans and
Independents, the "weak on national security" charge still packs a
punch. As for Hillary and Obama, they no doubt are banking that
this will be ancient history by Election Day 2008.The new law is
only a 6- month stopgap and will need to be re-examined well in
advance of November 2008. We'll see how everyone votes closer to
the election.