Hillary Clinton, Barack Obama and the Foreign Intelligence Surveillance Act

For a preview of how either Hillary Clinton or Barack Obama will respond to security issues and even the War in Iraq if they are the Democratic party’s nominee, yesterday's Senate vote to reauthorize and expand the Foreign Intelligence Surveillance Act (FISA), is instructive. The new portions of the Act, generally recognized as unconstitutional, not only permit spying on Americans without first obtaining warrants, but in section 408 of the Act would even immunize from liability companies which, since September 11, 2001, have helped the government in such spying by providing telephone or Internet records.

In yet another embarrassing show of weakness by Democrats, Senate Majority Leader Harry Reid (D-NV), ensured that the new provisions would not be held up or challenged in any way in coming to the floor. His Democratic colleagues then joined with Republicans to seal the odious deal and the Act was easily passed 68 to 29. As one might expect, McCain voted for the FISA expansions. And Clinton and Obama? Both withheld votes—that is, neither voted either yea or nay—presumably so that Republicans can not use this issue against the Democratic nominee later, and so Democratic rank and file won't be incensed. Obama was there for the vote, apparently, and did nothing; Clinton didn’t even show up.

So for everyone who says that a new day has come, that the Democratic nominee will confront Republicans on security and other issues where Democrats in the past have feared to tread, here again is indication that on this issue, like the Iraq war, Democrats will be playing defense, back on their heels once again.

And what of Obama’s fearless stand against the war in Iraq before he was in the Senate? Yesterday's vote also gives a pretty good idea what he would have done when he believed his political future was on the line. Votes like the FISA vote and to continue funding the war in Iraq blunt the distinction that Obama has always touted: that he is”pure” on the war in Iraq and, thus, unlike Clinton who voted to give Bush authorization to go to war, in a better position to go after McCain on this issue.

The truth is that Democrats haven’t been “pure” or courageous on major issues facing this country for a long time, and neither Clinton nor Obama look like they have any backbone either.