The
impasse at which Republicans found themselves last week over reform in the bulk collection of cellphone metadata program in the Patriot Act bleeds into this week, with just a few workdays left before recess and the program expiring at the end of the month. The House passed a fairly weak reform bill that effectively ends the bulk collection program, the USA Freedom Act, last week with a huge majority. Senate Majority Leader Mitch McConnell is continuing to stand firm in his position that the program needs to be extended as is, with no changes. That's despite the fact that a federal court has said that the current program is illegal, and would likely halt it if it's not changed. The House is
also standing firm.
On Monday, House Majority Leader Kevin McCarthy (R-Calif.) maintained the Senate had only one option: pass the House bill. [...]
But in interviews, senior Republican senators and aides expressed doubt that the proposal can pass the Senate, particularly given that McConnell is so staunchly opposed.
At this point, McConnell is threatening to keep the Senate in over the weekend and as long as it takes. But the House plans to leave on Thursday, and McCarthy is not committing to keeping the chamber over the weekend while they wait for McConnell to figure this out. On the Senate side, Paul says he will filibuster a short-term extension and other Republicans, including freshman Steve Daines from Montana, are not with McConnell on simply reauthorizing the Patriot Act and bulk collection. McConnell likely can't count on any votes from Democrats. All of which makes the author of the USA Freedom Act in the Senate, Patrick Leahy, observe wryly "I can’t quite figure it out. Because right now, we’re down to a point: We either have the House bill, or we have nothing at all. Interesting choices, aren’t they?" Leahy had a much stronger reform bill on the floor last fall, which was filibustered by McConnell.
At this point, nothing at all is probably the best choice. Allowing the expiring provisions of the Patriot Act to sunset, as the original law intended, could give Leahy and fellow reformers like Sen. Ron Wyden (D-OR) and Martin Heinrich (D-NM) more time and potentially more power in strengthening the USA Freedom Act and enacting real reforms.
Tell Congress to let bulk collection of our metadata and other PATRIOT Act provisions expire.
1:23 PM PT: McConnell has a new, cunning plan. Maybe. He told reporters Tuesday that he'll allow a vote on the House bill, assuming that it won't have 60 votes. And he'll force the 60 vote majority on to this bill to try to ensure that. Then once it fails, he'll offer a short-term extension as the fall-back. That leaves the problem with the House being, so far, unwilling to consider any extension.