Senator Casey defends his FISA vote (lamely)

Prior to the senate's disgraceful FISA vote earlier this month, I wrote to my two senators from Pennsylvania -- Arlen Specter (a moderate Republican) and Bob Casey (a moderate Dem) -- and urged them both to vote against the bill, particularly if it would include telecom immunity and/or decreased presidential accountability.

Senator Specter spoke extensively against immunity for the telecoms. He ended up sponsoring an amendment that would require the court to determine the constitutionality of the NSA spying program and enact telecom immunity only if the program was found to be constitutional. His amendment failed, however, and Specter voted for the bill anyway.

Similarly, Senator Casey voted for the failed Feingold-Dodd amendment that would have stripped immunity for the telecoms, but nevertheless he ended up voting for the bill in the long run.

Now that it's a done deal, Senator Casey has sent me the following explanation via e-mail. I remain disappointed, as I think he sugar-coated some of the bill's provisions.

Dear Ms. Shaw:

Thank you for taking the time to contact me regarding debate on the Foreign Intelligence Surveillance Act (FISA). I appreciate hearing from all Pennsylvanians about this important issue.

After careful deliberation, on July 9, 2008, I voted in favor of legislation to revise and update the Foreign Intelligence and Surveillance Act of 1978. This bill is not perfect, but it does improve on the legislation hurried into law last summer by the White House when it comes to strengthening civil liberties protections for Americans, enhancing judicial oversight, and providing the intelligence community with the necessary tools and legal authorities to target terrorists who would do harm to the American people.

Despite these improvements, I also believe the bill had some significant shortcomings. For that reason, I proudly voted for the Feingold-Dodd amendment that would have stripped immunity for telecommunication firms that may have cooperated with the President's warrantless surveillance program from the bill. Additionally, I have cosponsored and spoke on the Senate floor in support of the Bingaman amendment that would have delayed these limited immunity provisions until the Congress receives a final report on the President's warrantless surveillance program. Unfortunately, both of these amendments failed to gain the necessary support for passage.

However, I was pleased that the legislation enshrines the principle that the FISA statute is the exclusive authority for electronic surveillance and that the President must obey the FISA statute. It also restores the principle of basic judicial oversight over all surveillance activities and re-establishes the principal of accountability by requiring a comprehensive Inspector General's report on the President's warrantless surveillance program within a year. It is for these reasons I ultimately chose to vote in favor of the final bill.

I have been gratified to hear from so many of my constituents on this issue. Please be assured that I kept your concerns in mind as I deliberated and cast my vote. Again, thank you for sharing your thoughts with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.

If you have access to the Internet, I encourage you to visit my web site, http://casey.senate.gov. I invite you to use this online office as a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office or share with me your thoughts on the issues that matter most to you and to Pennsylvania.

Sincerely,
Bob Casey
United States Senator

For me, these excuses are not satisfactory.

We Pennsylvanians elected Bob Casey to the senate because we'd had enough of Rick Santorum. But, with this particular vote, it made no difference.

I am disappointed in Senator Casey. I had hoped that he'd be a stronger proponent for change.