As always (see e.g., Iraq War Authorization, warrantless eavesdropping, Military Commissions Act), they capitulate in order to prevent the vote from being used against them, even though it ends up being used against them anyway because so many of them vote (with futility) against it, but do so without ever fighting for, explaining or defending their position.
We've seen this before. The Iraq war authorization is the obvious example, but look also at John Kerry's inability to explain his stance on war funding ("I voted for the $87 billion before I voted against it..."). It's time for Democrats to stop being embarrassed by their own votes. It is because they continue to be cowed by Republican threats, that Trent Lott is able to get away with this crap. Lott, like Michael Chertoff, has used vagaries founded on hunches to intimidate Congress into further expanding presidential power. And the 16 Senate Democrats who voted in favor of the president's plant for reworking FISA have let them get away with it.
Kudos, though, to Russ Feingold, who had this to say:
"The day we start deferring to someone who's not a member of this body ... is a sad day for the U.S. Senate. We make the policy -- not the executive branch."
Feingold ought to be the role model for Democrats in Congress. Sigh.... if only...
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