On January 24 2008, a roll call vote was held in the Senate. The vote’s purpose was to stop consideration of a bill from the Senate Intelligence Committee — — and in its place let the Senate consider a bill from the Senate Judiciary Committee. While both the Intelligence Committee version of the FISA Amendments Act and the Judiciary Committee version of the FISA Amendments Act would permit wiretapping American phone lines without a warrant, there are important differences:

           The Senate Judiciary Committee bill and the Senate Intelligence bill include the following important differences:
  
    1.   The Intelligence Committee bill would make it illegal to challenge the constitutionality of warrantless government surveillance in court. The Judiciary Committee bill would let Americans keep the right to challenge the constitutionality of warrantless government surveillance.

    2.   The Intelligence Committee bill does not provide meaningful court oversight of “minimization procedures” to ensure that American citizens’ communications aren’t being surveilled on without a warrant by the executive branch. In place of court oversight, the executive branch would simply be trusted to not surveil Americans without a warrant.  The Judiciary Committee bill would place more stringent court oversight over “minimization procedures” to keep the executive branch from misuse of power issues.

    3.   If and when the executive branch does end up surveilling on Americans’ conversations without a warrant, The Intelligence Committee bill lets the government use that information anyway. The Judiciary Committee bill does not let the government use that information.

    4.   The Intelligence Committee bill permits the government to surveil on a foreigner’s conversations without a warrant when really the significant target is the content of an American’s conversation with that foreigner. The Judiciary Committee bill does not permit such “reverse targeting,” insisting that if the government wants to surviel on an American, it needs the warrant specified by the 4th Amendment to the U.S. Constitution.

    5.    The Intelligence Committee bill doesn’t actually restrict warrantless wiretapping provisions to those under the authority of the bill, raising the not-at-all remote possibility that the present administration or its successor might open up an additional warrantless surveillance program without pesky restrictions. The Judiciary Committee bill takes pains to say that executive branch surveillance programs must be under its review and authority.

    6.     The Intelligence Committee bill permits “bulk collection” by the executive branch of all communication between Americans at home and foreigners abroad. Yes, all of it. The Judiciary Committee bill
does not.

Both the Intelligence Committee version of the FISA Amendments Act and the Judiciary Committee version of the FISA Amendments Act would permit wiretapping American phone lines without a warrant.

Do I know which committee's version of this bill should become law?

No.  But I do think we should keep this issue open for more debate.  As it stands at present, I would rather see the Judiciary Committee bill passed than see the Intelligence Committee bill passed. The roll call vote held in the Senate on January 24, 2008, was a vote to decide which bill would head to the floor: the Intelligence Committee bill or the Judiciary Committee bill. Strangely, Sen. McCain's name was on the list of missing Senators who couldn’t be bothered to show up for this vote.

Davidmfarrar Said: Strangely, [I]Sen. McCain's name was on the list of missing Senators who couldn’t be bothered to show up for this vote.[/I]

Maybe He is Busy making up a list of Names of His Owm, Just in case. Can You Imagine the Size of Hillary's List? Without Checks and balances, where are We?

Darn!  You got my hopes up!  I thought McVain might really be MIA!