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Senate Deals Setback to Bush on Patriot Act
Bipartisan Group Says Proposed Revision Does Not Adequately Protect Civil Liberties

WASHINGTON (By Charles Babington, Washington Post) December 16, 2005 — Backers of a proposed four-year extension of the USA Patriot Act failed to shut off Senate debate today, preventing a vote on the matter and dealing a setback to President Bush on a major issue involving anti-terrorism efforts and civil liberties.

The Democratic-led filibuster drew enough Republican support to keep the president's allies from gaining the 60 votes needed to end debate in the 100-member chamber. The 52-47 vote will require the White House and congressional leaders to seek another way to deal with the scheduled Dec. 31 expiration of key aspects of the law.

The House voted 251 to 174 yesterday to renew the law with some modifications, but opposition was stronger in the Senate. There, a number of Republicans joined most Democrats in saying the proposed revision would do too little to protect civil liberties.

The Patriot Act, approved after the Sept. 11, 2001, terrorist attacks, made it easier for the FBI to conduct secret searches, monitor telephone calls and e-mails, and obtain bank records and other personal documents in connection with terrorism investigations. Critics said the proposed renewal would do too little to let targeted people challenge national security letters and special subpoenas that give the FBI substantial latitude in deciding what records — including those from libraries — should be surrendered.

In today's Senate debate, several lawmakers cited a New York Times report disclosing that Bush signed a secret order in 2002 authorizing the National Security Agency to eavesdrop on U.S. citizens and foreign nationals in the United States, despite previous legal prohibitions against such domestic spying.

"Mr. President, it is time to have checks and balances in this country," thundered Sen. Patrick J. Leahy (D-Vt.), the Judiciary Committee's top Democrat. "We are a democracy!"

Sen. Jon Kyl (R-Ariz.) was among those urging approval of the four-year renewal. If terrorists attack the United States next year, he told his colleagues, "we will have to answer to that if we don't vote to renew the Patriot Act."

Several senators who supported the filibuster said neither Congress nor the White House will allow the law to expire. Some suggested a three-month extension of the existing law, allowing the House and Senate more time to negotiate a four-year extension with revised civil liberties safeguards.

After it was clear that the effort to shut off debate would fail, Senate Majority Leader Bill Frist (R-Tenn.) switched his vote from yes to no, a parliamentary move to allow him to seek a new vote later. The four Republicans who backed the filibuster because of their opposition to the bill were Chuck Hagel (Neb.), Lisa Murkowski (Alaska), John Sununu (N.H.) and Larry Craig (Idaho).

Two Democrats voted to end the filibuster: Tim Johnson (S.D.) and Ben Nelson (Neb.).