Dems Must Use the Upper Hand on FISA

McJoan at Daily Kos:

Now it’s not at all clear that this is legislative effort is actually happening or whether it’s a trial balloon or if it’s real. But whatever it is, it would be phenomenally stupid to try to enact. First, the House has already voted on the Senate bill, the Protect AT&T Act, and rejected it. When that happens, you go to conference. When the Republicans refuse to cooperate in conference, you do it without them or table action on the bill.

For once, real Democrats in the House have the upper hand. They don’t need to do anything on FISA. They certainly don’t need to cave the administration to Protect AT&T.

Re-reading the Congress Daily PM article, it does look like this could be a trial balloon. In that case, here’s the response to the trial: it’s a bad idea and Dems should not follow the tact of splitting the Senate bill in two. The House should not consider any solution a solution if it is based solely on the Senate-passed bill. That bill is a failure and, as McJoan notes, the Dems have the muscle to put something much better forward.

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