Text size:

Senate Dems not backing Obama on wiretapping bill

BY GLENN THRUSH | glenn.thrush@newsday.com

July 9, 2008

WASHINGTON - Sen. Charles Schumer and Senate Majority Leader Harry Reid are bucking their party's presidential nominee Barack Obama by opposing a White House-backed warrantless wiretapping bill expected to be voted on today.

Sen. Hillary Rodham Clinton has not made up her mind on the controversial measure.

During the primaries, Clinton and Obama vowed to filibuster the overhaul of the 1978 Foreign Intelligence Surveillance Act if it contained a provision giving telecom companies protection from lawsuits.

Obama, who has been eager to counter GOP claims that he's weak on national security, infuriated many of his own supporters last week by saying he now supports the FISA measure passed by the House, even though it includes legal immunity for the companies.

"This was not an easy call for me," he wrote on his Web site Monday. "And going forward, some of you may decide that my FISA position is a deal-breaker. That's OK. But I think it is worth pointing out that our agreement on the vast majority of issues that matter outweighs the differences we may have."

Spokesman Philippe Reines said Clinton "hasn't stated her position" on the measure, which is expected to pass today or tomorrow with a bipartisan majority.

"We really hope that Senator Clinton follows through on her commitment," said Caroline Fredrickson, director of the American Civil Liberties Union's legislative office. "She said she would filibuster any bill that includes immunity and we'd like to see her follow through on her promise."

The vote puts Clinton in a bind. If she backs the bill, she'll be accused of reneging on her promise. If she votes no, she runs the risk of jeopardizing her newfound alliance with Obama.

Schumer, who has grilled administration officials on the program as a member of the Senate Judiciary Committee, said the immunity provision would send the message that companies have impunity even after violating privacy laws.

"The phone companies have been accused of giving away people's private information and conversations without a second thought," Schumer said yesterday. "They shouldn't be given immunity, especially before the public has had a chance to find out what really happened."

Between 20 to 30 other Democrats are defying Obama on the vote, including top Obama supporter Dick Durbin (D-Ill.), Russ Feingold (D-Wis.), Frank Lautenberg (D-N.J.) and Barbara Boxer (D-Calif.).