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Clock winds down on key NSA surveillance law – live updates Clock winds down on key NSA surveillance law – live updates
(35 minutes later)
7.53pm ET00:53
Sen. Orrin Hatch is thanking his staff and all those who worked on the trade promotion bill. The orchestra has not yet begun to play him off.
7.50pm ET00:50
Trade promotion bill advances, 61-38.
Now the real action begins.
Well, soon, at any rate. The wheels of democracy turn slowly, when they turn at all.
7.42pm ET00:42
Big question for tonight, sports fans, is this: will USA Freedom get the 60 votes it needs to pass?
Word on the street is: no, it won’t.
Sen. Dean Heller (a co-sponsor ) says the USA Freedom is likely a few votes short for passage tonight
7.24pm ET00:247.24pm ET00:24
More from Ben, on the scene on Capital Hill, who is parsing what tonight might bring:More from Ben, on the scene on Capital Hill, who is parsing what tonight might bring:
Senate GOP Whip John Cornyn, a strident supporter of extending the Patriot Act, told reporters that he saw senators divided into three groups earlier today. As he put it: those who want a “straight extension, those who like USA Freedom and those who like nothing.”Senate GOP Whip John Cornyn, a strident supporter of extending the Patriot Act, told reporters that he saw senators divided into three groups earlier today. As he put it: those who want a “straight extension, those who like USA Freedom and those who like nothing.”
Nothing, of course, means simply letting Section 215 expire at the end of the month and gumming up the works. The question though is whether any senator - Rand Paul in particular - is willing to do so.Nothing, of course, means simply letting Section 215 expire at the end of the month and gumming up the works. The question though is whether any senator - Rand Paul in particular - is willing to do so.
His spokespeople did not respond to a request for comment on the subject.His spokespeople did not respond to a request for comment on the subject.
Doug Stafford, a top political advisor to the Kentucky Republican, did send out a fundraising email earlier tonight which included this passage:Doug Stafford, a top political advisor to the Kentucky Republican, did send out a fundraising email earlier tonight which included this passage:
“But I can assure you, Ben, Rand WILL NOT back down from this fight -- no matter how ugly it gets. When he took an oath to protect and defend the Constitution of the United States, he meant it. But Rand is just one man and he’s fighting the entire Washington Machine.”“But I can assure you, Ben, Rand WILL NOT back down from this fight -- no matter how ugly it gets. When he took an oath to protect and defend the Constitution of the United States, he meant it. But Rand is just one man and he’s fighting the entire Washington Machine.”
7.18pm ET00:187.18pm ET00:18
The Guardian’s Ben Jacobs (@bencjacobs) is on Capital Hill tonight. He writes:The Guardian’s Ben Jacobs (@bencjacobs) is on Capital Hill tonight. He writes:
The debate over NSA reform has revolved over some of the most basic principles in political debate over striking the balance between the government and the individual.The debate over NSA reform has revolved over some of the most basic principles in political debate over striking the balance between the government and the individual.
Both sides in the debate have strong concerns about individual privacy as well as the ability of the government to protect Americans from terrorist attack. But tonight will have nothing to do with that.Both sides in the debate have strong concerns about individual privacy as well as the ability of the government to protect Americans from terrorist attack. But tonight will have nothing to do with that.
Instead, it seems increasingly likely that the parliamentary maneuvering and the desire of senators to return home will be the most important factor in whether Section 215 of the Patriot Act expires at the end of May.Instead, it seems increasingly likely that the parliamentary maneuvering and the desire of senators to return home will be the most important factor in whether Section 215 of the Patriot Act expires at the end of May.
There are important ideological and philosophical differences at stake. But, in the short term, those are secondary to more tactical considerations.There are important ideological and philosophical differences at stake. But, in the short term, those are secondary to more tactical considerations.
7.14pm ET00:147.14pm ET00:14
I have stalked Republicans like a crazy ex girlfriend for a week, and my best guess is there are 57 votes in the Senate for USA Freedom now.I have stalked Republicans like a crazy ex girlfriend for a week, and my best guess is there are 57 votes in the Senate for USA Freedom now.
The USA Freedom bill needs 60 votes tonight to move forward.The USA Freedom bill needs 60 votes tonight to move forward.
6.56pm ET23:566.56pm ET23:56
Once the trade bill amendments are done, here’s what we’re looking at.Once the trade bill amendments are done, here’s what we’re looking at.
A key provision of the Patriot Act, section 215, which enables bulk collection of data by the NSA, is currently set to expire at midnight on June first - and with Congress on recess, this is their last chance to extend it.A key provision of the Patriot Act, section 215, which enables bulk collection of data by the NSA, is currently set to expire at midnight on June first - and with Congress on recess, this is their last chance to extend it.
Its opponents include Sen Rand Paul (R-KY) - who was part of an almost-11-hour floor speech against it on Wednesday - as well as Sen. Ron Wyden (D-OR).Its opponents include Sen Rand Paul (R-KY) - who was part of an almost-11-hour floor speech against it on Wednesday - as well as Sen. Ron Wyden (D-OR).
The USA Freedom Act, which reforms parts of the Patriot Act, including bulk collection, is on the table for debate - if the Senate votes to debate it.The USA Freedom Act, which reforms parts of the Patriot Act, including bulk collection, is on the table for debate - if the Senate votes to debate it.
In the meantime, if USA Freedom Act does not receive the 60 vote supermajority necessary to move forward, the Senate must still decide what to do with section 215. McConnell wants a two-month extension, but that seems even less popular than the USA Freedom Act. If that fails, he will likely push for senators to unanimously agree to move forward to a temporary extension at least through the holiday - maybe one or two weeks.In the meantime, if USA Freedom Act does not receive the 60 vote supermajority necessary to move forward, the Senate must still decide what to do with section 215. McConnell wants a two-month extension, but that seems even less popular than the USA Freedom Act. If that fails, he will likely push for senators to unanimously agree to move forward to a temporary extension at least through the holiday - maybe one or two weeks.
If so, we’ll start this whole dance all over again in 10 days. And if not, well, it’ll be a very long weekend . . .If so, we’ll start this whole dance all over again in 10 days. And if not, well, it’ll be a very long weekend . . .
Updated at 6.56pm ETUpdated at 6.56pm ET
6.34pm ET23:346.34pm ET23:34
It’s been rumoured that the Senate might stick a one-week extension on section 215 of the Patriot Act so that everyone can go home for the weekend. But Rand Paul - one of the act’s most vocal critics - appears not to be in on the deal.It’s been rumoured that the Senate might stick a one-week extension on section 215 of the Patriot Act so that everyone can go home for the weekend. But Rand Paul - one of the act’s most vocal critics - appears not to be in on the deal.
.@RandPaul says he hadn't had "any discussions" with GOP leaders about wrapping up tonight.@RandPaul says he hadn't had "any discussions" with GOP leaders about wrapping up tonight
5.56pm ET22:565.56pm ET22:56
The Senate is still voting on amendments to the trade bill. The idea is that once these are done, then the chamber will turn its attention to the NSA provision in the Patriot Act, and the USA Freedom bill.The Senate is still voting on amendments to the trade bill. The idea is that once these are done, then the chamber will turn its attention to the NSA provision in the Patriot Act, and the USA Freedom bill.
5.40pm ET22:405.40pm ET22:40
We may be looking at a very short-term extension tonight, Ben Jacobs (@bencjacobs) writes:We may be looking at a very short-term extension tonight, Ben Jacobs (@bencjacobs) writes:
Momentum in the Senate may be shifting towards a short term extension of provisions of the Patriot Act so that members can make it back home for Memorial Day weekend.Momentum in the Senate may be shifting towards a short term extension of provisions of the Patriot Act so that members can make it back home for Memorial Day weekend.
According to a senior Republican aide, the argument that was made in the Senate Republican caucus was that if cloture votes on either the USA Freedom Act or the two month extension of the Patriot Act were successful, the Senate would be forced to remain in session for procedural reasons all week. Instead, if the Senate approved a third option, a short term concession of roughly a week, the debate could then happen once the Senate returns to session in June.According to a senior Republican aide, the argument that was made in the Senate Republican caucus was that if cloture votes on either the USA Freedom Act or the two month extension of the Patriot Act were successful, the Senate would be forced to remain in session for procedural reasons all week. Instead, if the Senate approved a third option, a short term concession of roughly a week, the debate could then happen once the Senate returns to session in June.
In short, the Republican argument to wavering supporters appears to be you can let Rand Paul and Ron Wyden screw up your vacation with a lot of amendments or you can just extend the Patriot Act a week and push the debate until then.In short, the Republican argument to wavering supporters appears to be you can let Rand Paul and Ron Wyden screw up your vacation with a lot of amendments or you can just extend the Patriot Act a week and push the debate until then.
As Dean Heller (R-NV), a supporter of the USA Freedom Act, told reporters “We’re losing the politics of going home argument with our conference.” He added that proponents of a short term extension are saying, “if you get on the bill you’re staying all week. So how do you win that argument?”As Dean Heller (R-NV), a supporter of the USA Freedom Act, told reporters “We’re losing the politics of going home argument with our conference.” He added that proponents of a short term extension are saying, “if you get on the bill you’re staying all week. So how do you win that argument?”
5.22pm ET22:225.22pm ET22:22
As we wait for the Senate to take action - maybe - on NSA surveillance, this piece from my colleague Sam Thielman about an attention-grabbing stunt by some East Village activists makes for a great read.As we wait for the Senate to take action - maybe - on NSA surveillance, this piece from my colleague Sam Thielman about an attention-grabbing stunt by some East Village activists makes for a great read.
Next time you’re at a bar in the East Village, say, congratulating yourself on having tricked your roommate, bitching about your friend’s accent or sharing your partner’s sex secrets, check under the table for listening devices. Wags claiming to work for the NSA as one of “many third-party contractors, albeit pro-bono and unofficial” are collecting your conversations.Next time you’re at a bar in the East Village, say, congratulating yourself on having tricked your roommate, bitching about your friend’s accent or sharing your partner’s sex secrets, check under the table for listening devices. Wags claiming to work for the NSA as one of “many third-party contractors, albeit pro-bono and unofficial” are collecting your conversations.
A group calling themselves We Are Always Listening says it has placed recording devices across New York and – just like their real NSA counterparts – they have plans to start snooping on people in Germany too.A group calling themselves We Are Always Listening says it has placed recording devices across New York and – just like their real NSA counterparts – they have plans to start snooping on people in Germany too.
The stunt aims to highlight the extent of the NSA’s domestic surveillance program as the debate over whether or not to renew the Patriot Act rages on.The stunt aims to highlight the extent of the NSA’s domestic surveillance program as the debate over whether or not to renew the Patriot Act rages on.
You can read the piece here.You can read the piece here.
5.08pm ET22:085.08pm ET22:08
Hi! Nicky Woolf here, taking over from Tom as the votes are counted on the Hatch amendment to the trade bill. We’ve got reporter Ben Jacobs on Capital Hill, and we’ll be bringing you all the latest updates as they happen.Hi! Nicky Woolf here, taking over from Tom as the votes are counted on the Hatch amendment to the trade bill. We’ve got reporter Ben Jacobs on Capital Hill, and we’ll be bringing you all the latest updates as they happen.
5.00pm ET22:005.00pm ET22:00
The Senate is voting on an Orrin Hatch amendment to the trade bill. This seems like a good time to bring my colleague @nickywoolf on board.The Senate is voting on an Orrin Hatch amendment to the trade bill. This seems like a good time to bring my colleague @nickywoolf on board.
4.30pm ET21:304.30pm ET21:30
“The House went home”“The House went home”
Sen Wyden on MSNBC talking FISA: "There's not going to be any short-term extension, the House went home..."Sen Wyden on MSNBC talking FISA: "There's not going to be any short-term extension, the House went home..."
4.11pm ET21:114.11pm ET21:11
Rand Paul’s ten-hour talkathon on Wednesday is already having an impact on the 2016 presidential race, the Guardian’s Ben Jacobs (@bencjacobs) writes:Rand Paul’s ten-hour talkathon on Wednesday is already having an impact on the 2016 presidential race, the Guardian’s Ben Jacobs (@bencjacobs) writes:
Both Marco Rubio and Ted Cruz have had to cancel appearances at the Southern Republican Leadership Conference in Oklahoma City scheduled for Friday.Both Marco Rubio and Ted Cruz have had to cancel appearances at the Southern Republican Leadership Conference in Oklahoma City scheduled for Friday.
A spokesperson for Cruz confirmed Friday that the Texas Republican will be staying in Washington, DC for votes on trade and NSA surveillance. Cruz had been scheduled to be the keynote speaker at a fundraiser for the Oklahoma Republican Party scheduled tonight. He’ll address the event by video.A spokesperson for Cruz confirmed Friday that the Texas Republican will be staying in Washington, DC for votes on trade and NSA surveillance. Cruz had been scheduled to be the keynote speaker at a fundraiser for the Oklahoma Republican Party scheduled tonight. He’ll address the event by video.
Further, Rubio, who was scheduled to speak earlier Friday, already sent in a videotaped message to the event.Further, Rubio, who was scheduled to speak earlier Friday, already sent in a videotaped message to the event.
However, attendees will still hear from a number of other presidential candidates. Both Rick Santorum and Rick Perry spoke at the event Thursday, and Jeb Bush appeared earlier Friday afternoon.However, attendees will still hear from a number of other presidential candidates. Both Rick Santorum and Rick Perry spoke at the event Thursday, and Jeb Bush appeared earlier Friday afternoon.
4.09pm ET21:094.09pm ET21:09
Senator Jeff Sessions, Republican of Alabama, is on the floor urging the Senate to save Section 215. He dismisses the paranoiacs who think the government wants to listen to their personal phone calls.Senator Jeff Sessions, Republican of Alabama, is on the floor urging the Senate to save Section 215. He dismisses the paranoiacs who think the government wants to listen to their personal phone calls.
“We don’t have superhuman abilities,” says Sessions. “We don’t monitor everyone’s phone calls. There’s no way agents could do that.”“We don’t have superhuman abilities,” says Sessions. “We don’t monitor everyone’s phone calls. There’s no way agents could do that.”
Unless they had... computers?Unless they had... computers?
“Just the fact that one individual is calling another individual who is known to be a terrorist – that’s exceedingly valuable information,” Sessions say.“Just the fact that one individual is calling another individual who is known to be a terrorist – that’s exceedingly valuable information,” Sessions say.
Which is what... warrants are for?Which is what... warrants are for?
“I don’t believe we have a violation of the Constitution. I am absolutely convinced that the procedures involved... are entirely consistent with long precedent” in cases against tax cheats and the like, Sessions says.“I don’t believe we have a violation of the Constitution. I am absolutely convinced that the procedures involved... are entirely consistent with long precedent” in cases against tax cheats and the like, Sessions says.
Perfectly constitutional, he says. Take that, US court of appeals for the second circuit.Perfectly constitutional, he says. Take that, US court of appeals for the second circuit.
3.54pm ET20:543.54pm ET20:54
It appears that there may be votes tonight on both the USA Freedom Act and the proposed short-term extension of the Patriot Act, the Guardian’s Ben Jacobs (@bencjacobs) reports:It appears that there may be votes tonight on both the USA Freedom Act and the proposed short-term extension of the Patriot Act, the Guardian’s Ben Jacobs (@bencjacobs) reports:
With the clock ticking towards a scheduled 5:00pm ET vote on five amendments to a bill granting President Obama trade promotion authority, no agreement has been reached to allow votes on additional amendments as well as to speed the legislative process with the trade bill.With the clock ticking towards a scheduled 5:00pm ET vote on five amendments to a bill granting President Obama trade promotion authority, no agreement has been reached to allow votes on additional amendments as well as to speed the legislative process with the trade bill.
The result is that once the amendments are voted on sometime this evening, the Senate can shift to votes on NSA surveillance.The result is that once the amendments are voted on sometime this evening, the Senate can shift to votes on NSA surveillance.
The question then is whether any proposal on NSA surveillance has the 60-vote super-majority necessary to end debate and advance to final passage.The question then is whether any proposal on NSA surveillance has the 60-vote super-majority necessary to end debate and advance to final passage.
While the USA Freedom Act received the support of a majority of senators in 2014, it still fell short of the 60-vote threshold. Further, many Democrats are skeptical of the utility of a short-term extension, which would require the House of Representatives to reconvene and somehow find a majority to approve.While the USA Freedom Act received the support of a majority of senators in 2014, it still fell short of the 60-vote threshold. Further, many Democrats are skeptical of the utility of a short-term extension, which would require the House of Representatives to reconvene and somehow find a majority to approve.
2.53pm ET19:532.53pm ET19:53
2.46pm ET19:462.46pm ET19:46
Vermont Senator Bernie Sanders, who is running for president, is on the floor speaking against the trade bill. “The current trade policies have failed,” Sanders says. “We need trade policies that work for the average American and not just for international corporations.”Vermont Senator Bernie Sanders, who is running for president, is on the floor speaking against the trade bill. “The current trade policies have failed,” Sanders says. “We need trade policies that work for the average American and not just for international corporations.”
2.16pm ET19:162.16pm ET19:16
The senior senator from Vermont has been speaking on the Senate floor, encouraging the Senate to take up the House legislation.The senior senator from Vermont has been speaking on the Senate floor, encouraging the Senate to take up the House legislation.
Patrick Leahy: Our choice is either to accept the common sense work that the House did or let the Patriot Act expire.Patrick Leahy: Our choice is either to accept the common sense work that the House did or let the Patriot Act expire.
“A huge margin of Republicans and Democrats voted for the common-sense changes to the Patriot Act before it expires at the end of the month,” Leahy said of the USA Freedom Act.“A huge margin of Republicans and Democrats voted for the common-sense changes to the Patriot Act before it expires at the end of the month,” Leahy said of the USA Freedom Act.
“They spent a year or more working on this. Gave it to us with plenty of time to vote it up or down and send it back – no they weren’t irresponsible at all. When we put it to a choice of either pass the House bill or let the whole law expire, then you have to make your own conclusion about who is being irresponsible.”“They spent a year or more working on this. Gave it to us with plenty of time to vote it up or down and send it back – no they weren’t irresponsible at all. When we put it to a choice of either pass the House bill or let the whole law expire, then you have to make your own conclusion about who is being irresponsible.”
1.52pm ET18:521.52pm ET18:52
What happens when the unstoppable force of secret government surveillance runs up against the immovable object of congressional paralysis?What happens when the unstoppable force of secret government surveillance runs up against the immovable object of congressional paralysis?
.@presssec says NSA will begin taking steps to dismantle the bulk collection program if Congress doesn't resolve the issue today..@presssec says NSA will begin taking steps to dismantle the bulk collection program if Congress doesn't resolve the issue today.
Thinking House members should start sending Senators postcards from their Memorial Day vacations.Thinking House members should start sending Senators postcards from their Memorial Day vacations.
Updated at 1.57pm ETUpdated at 1.57pm ET
1.35pm ET18:351.35pm ET18:35
The White House slammed Senate leaders on Friday for stalling on the USA Freedom Act in perhaps the Obama administration’s strongest words yet on the issue, the Guardian’s Sabrina Siddiqui (@sabrinasiddiqui) reports from Washington:The White House slammed Senate leaders on Friday for stalling on the USA Freedom Act in perhaps the Obama administration’s strongest words yet on the issue, the Guardian’s Sabrina Siddiqui (@sabrinasiddiqui) reports from Washington:
Josh Earnest, the White House press secretary, said the House bill was a compromise proposal “that was painstakingly crafted with significant input from the intelligence community”.Josh Earnest, the White House press secretary, said the House bill was a compromise proposal “that was painstakingly crafted with significant input from the intelligence community”.
“After thousands of hours of meetings and painstaking work on what everyone would acknowledge is a complicated policy issue, a reasonable bipartisan compromise emerged,” Earnest told reporters at his daily press briefing. “We’ve spent a lot of time talking before about how difficult this Congress in particular has found it to be to do even simple things … this policy proposal is extraordinarily complicated and one that has significant consequences for the national security in this country and the basic civil liberties of the American people.“After thousands of hours of meetings and painstaking work on what everyone would acknowledge is a complicated policy issue, a reasonable bipartisan compromise emerged,” Earnest told reporters at his daily press briefing. “We’ve spent a lot of time talking before about how difficult this Congress in particular has found it to be to do even simple things … this policy proposal is extraordinarily complicated and one that has significant consequences for the national security in this country and the basic civil liberties of the American people.
“The point is, the hard work on this has been done,” he added, while warning about the possible lapse in the Patriot Act on 1 June. “There is no Plan B.”“The point is, the hard work on this has been done,” he added, while warning about the possible lapse in the Patriot Act on 1 June. “There is no Plan B.”
Earnest declined to say if Barack Obama would sign a short-term extension of the Patriot Act, pointing out that it was unclear if there were sufficient votes in the Senate for such a measure to pass.Earnest declined to say if Barack Obama would sign a short-term extension of the Patriot Act, pointing out that it was unclear if there were sufficient votes in the Senate for such a measure to pass.
Updated at 1.37pm ETUpdated at 1.37pm ET
1.34pm ET18:341.34pm ET18:34
White House mum on Obama view on Patriot Act extensionWhite House mum on Obama view on Patriot Act extension
Is it really lights out for Section 215?Is it really lights out for Section 215?
WH spox Josh Earnest won't say if Obama would sign short-term Patriot Act extension. Says it's not clear there are 60 votes in the Senate.WH spox Josh Earnest won't say if Obama would sign short-term Patriot Act extension. Says it's not clear there are 60 votes in the Senate.
.@PressSec says "there is no Plan B" if the Patriot Act expires on June 1..@PressSec says "there is no Plan B" if the Patriot Act expires on June 1.
1.32pm ET18:321.32pm ET18:32
Sauron’s Eye turns to the justice department inspector general’s report released Thursday, which we earlier wrote about Spencer Ackerman writing about.Sauron’s Eye turns to the justice department inspector general’s report released Thursday, which we earlier wrote about Spencer Ackerman writing about.
The focus here is on a section of the report that says use of Section 215 by the FBI from 2007-2009 netted no identifiable “major case developments”:The focus here is on a section of the report that says use of Section 215 by the FBI from 2007-2009 netted no identifiable “major case developments”:
“[T]he agents we interviewed did not identify any major case developments that resulted from use of the records obtained in response to Section 215 orders, but told us that the material produced pursuant to Section 215 orders was valuable in that it was used to support other investigative requests, develop investigative leads, and corroborate other information,” the DoJ report found.“[T]he agents we interviewed did not identify any major case developments that resulted from use of the records obtained in response to Section 215 orders, but told us that the material produced pursuant to Section 215 orders was valuable in that it was used to support other investigative requests, develop investigative leads, and corroborate other information,” the DoJ report found.
1.26pm ET18:261.26pm ET18:26
The White House keeps up its salesmanship of the USA Freedom Act:The White House keeps up its salesmanship of the USA Freedom Act:
.@PressSec: USA Freedom Act was "painstakingly crafted" with input from the intelligence community. "The hard work on this has been done.".@PressSec: USA Freedom Act was "painstakingly crafted" with input from the intelligence community. "The hard work on this has been done."
1.08pm ET18:081.08pm ET18:08
The Guardian’s Ben Jacobs (@bencjacobs) is in Washington admiring the artful “stall” move the Senate is holding on the trade bill. The chamber is deadlocked over a controversial amendment to the trade bill about currency manipulation, Ben writes:The Guardian’s Ben Jacobs (@bencjacobs) is in Washington admiring the artful “stall” move the Senate is holding on the trade bill. The chamber is deadlocked over a controversial amendment to the trade bill about currency manipulation, Ben writes:
The bipartisan amendment, introduced by Republican Rob Portman of Ohio and Democrat Debbie Stabenow of Michigan, would crack down on countries that manipulate their currencies and is considered to be particularly targeted at Japan’s monetary policies which American automakers consider to be protectionist.The bipartisan amendment, introduced by Republican Rob Portman of Ohio and Democrat Debbie Stabenow of Michigan, would crack down on countries that manipulate their currencies and is considered to be particularly targeted at Japan’s monetary policies which American automakers consider to be protectionist.
Japan is one of the 14 countries that has signed up for the controversial Trans Pacific Partnership (TPP). The current bill would not allow the US to join the TPP but would allow trade bills to be “fast-tracked” and given an up or down vote by Congress without any amendments. The result is that this trade bill is getting all the amendments which legislators would wish to add to the TPP.Japan is one of the 14 countries that has signed up for the controversial Trans Pacific Partnership (TPP). The current bill would not allow the US to join the TPP but would allow trade bills to be “fast-tracked” and given an up or down vote by Congress without any amendments. The result is that this trade bill is getting all the amendments which legislators would wish to add to the TPP.
In a floor speech today, Tennessee Republican Bob Corker, a supporter of the TPP, assailed Portman’s amendment as “another bailout for the auto industry.” Further, the White House has already threatened to veto any trade bill that contains the currency manipulation language, as it would likely force Japan to withdraw from the TPP and undermine the entire agreement.In a floor speech today, Tennessee Republican Bob Corker, a supporter of the TPP, assailed Portman’s amendment as “another bailout for the auto industry.” Further, the White House has already threatened to veto any trade bill that contains the currency manipulation language, as it would likely force Japan to withdraw from the TPP and undermine the entire agreement.
12.55pm ET17:5512.55pm ET17:55
Snowden: NSA reform in the US is only the beginningSnowden: NSA reform in the US is only the beginning
In an exclusive interview in Moscow with the Guardian’s Alan Rusbridger, Janine Gibson and Ewen MacAskill, Edward Snowden cautions that more needs to be done to curb NSA surveillance two years after his disclosures.In an exclusive interview in Moscow with the Guardian’s Alan Rusbridger, Janine Gibson and Ewen MacAskill, Edward Snowden cautions that more needs to be done to curb NSA surveillance two years after his disclosures.
In our modern era, that is without precedent,” Snowden said.In our modern era, that is without precedent,” Snowden said.
“The idea that they can lock us out and there will be no change is no longer tenable. Everyone accepts these programmes were not effective, did not keep us safe and, even if they did, represent an unacceptable degradation of our rights.” [...]“The idea that they can lock us out and there will be no change is no longer tenable. Everyone accepts these programmes were not effective, did not keep us safe and, even if they did, represent an unacceptable degradation of our rights.” [...]
“The recent activity in Congress is fairly extraordinary. We have for the first time since the 70s [seen] a narrowing of the privileges and authorities the intelligence communities enjoy rather than an expansion of them,” Snowden said.“The recent activity in Congress is fairly extraordinary. We have for the first time since the 70s [seen] a narrowing of the privileges and authorities the intelligence communities enjoy rather than an expansion of them,” Snowden said.
But he added it was important to remember that bulk collection of phone records represented only one of the surveillance programmes.But he added it was important to remember that bulk collection of phone records represented only one of the surveillance programmes.
“This is only the bare beginning of reform. There are still many bulk collection programmes out there that effect other things – such as financial records, such as travel records – that are even more intrusive. What it says is that bad laws are not forever and if we work together, we can change them.”“This is only the bare beginning of reform. There are still many bulk collection programmes out there that effect other things – such as financial records, such as travel records – that are even more intrusive. What it says is that bad laws are not forever and if we work together, we can change them.”
Read the full piece here.Read the full piece here.
12.41pm ET17:4112.41pm ET17:41
12.38pm ET17:3812.38pm ET17:38
Senate remains locked up on trade, Patriot ActSenate remains locked up on trade, Patriot Act
What’s the status of (would-be) deliberations in the Senate on surveillance law? By Friday noontime, the timing of potential voting remained uncertain. Absent any breakthrough, writes the Guardian’s Sabrina Siddiqui (@sabrinasiddiqui) from the scene, the senators look dangerously close to working (gasp) into the weekend:What’s the status of (would-be) deliberations in the Senate on surveillance law? By Friday noontime, the timing of potential voting remained uncertain. Absent any breakthrough, writes the Guardian’s Sabrina Siddiqui (@sabrinasiddiqui) from the scene, the senators look dangerously close to working (gasp) into the weekend:
The Senate remained at an impasse Thursday on how to proceed with Patriot Act legislation, as Mitch McConnell, the Republican majority leader, continued to voice his opposition to reforms to the NSA programs.The Senate remained at an impasse Thursday on how to proceed with Patriot Act legislation, as Mitch McConnell, the Republican majority leader, continued to voice his opposition to reforms to the NSA programs.
In a speech on the Senate floor, McConnell criticized the USA Freedom Act passed by the House of Representatives – a bill that would end the bulk collection of phone records.In a speech on the Senate floor, McConnell criticized the USA Freedom Act passed by the House of Representatives – a bill that would end the bulk collection of phone records.
“We need to recognize that terrorist tactics and the nature of the threat have changed,” McConnell said. “At a moment of elevated threat, it would be a mistake to take from our intelligence community any – any – of the valuable tools needed to build a complete picture of terrorist networks and their plans, such as the bulk data collection program.”“We need to recognize that terrorist tactics and the nature of the threat have changed,” McConnell said. “At a moment of elevated threat, it would be a mistake to take from our intelligence community any – any – of the valuable tools needed to build a complete picture of terrorist networks and their plans, such as the bulk data collection program.”
McConnell has been pushing for a two-month renewal of the Patriot Act in its current form, while Richard Burr, the intelligence committee chairman, has been working on another compromise that would establish a two-year transition period before the bulk collection ends. Under the House-passed bill, that transition period is only six months, Sabrina explains:McConnell has been pushing for a two-month renewal of the Patriot Act in its current form, while Richard Burr, the intelligence committee chairman, has been working on another compromise that would establish a two-year transition period before the bulk collection ends. Under the House-passed bill, that transition period is only six months, Sabrina explains:
Republican leaders have said the House bill would not have the 60 votes it needs to clear the Senate, but they also suggested on Thursday that a two-month renewal would lack enough support to pass. The Senate will hold two procedural votes – one on the USA Freedom Act and another on a short-term extension – after lawmakers complete work on a trade bill.Republican leaders have said the House bill would not have the 60 votes it needs to clear the Senate, but they also suggested on Thursday that a two-month renewal would lack enough support to pass. The Senate will hold two procedural votes – one on the USA Freedom Act and another on a short-term extension – after lawmakers complete work on a trade bill.
The lack of agreement on both trade and the Patriot Act all but guarantee that the Senate will work through Saturday, absent any breakthrough.The lack of agreement on both trade and the Patriot Act all but guarantee that the Senate will work through Saturday, absent any breakthrough.
12.23pm ET17:2312.23pm ET17:23
Whatever happens today in the Senate with the Patriot Act, minority leader Harry Reid will not become a lobbyist upon retiring in 2016, he says, convincingly.Whatever happens today in the Senate with the Patriot Act, minority leader Harry Reid will not become a lobbyist upon retiring in 2016, he says, convincingly.
“I would rather be taken to Singapore and caned,” he told Politico.“I would rather be taken to Singapore and caned,” he told Politico.
I was just being honest. http://t.co/gtQKXfqMdSI was just being honest. http://t.co/gtQKXfqMdS
(h/t: @holpuch)(h/t: @holpuch)
12.04pm ET17:0412.04pm ET17:04
Bruce Schneier, the national security expert, quotes the ACLU’s Christopher Soghoian on how the current debate over bulk US phone data collection is actually a debate over a “very narrow usage” of Section 215:Bruce Schneier, the national security expert, quotes the ACLU’s Christopher Soghoian on how the current debate over bulk US phone data collection is actually a debate over a “very narrow usage” of Section 215:
There were 180 orders authorized last year by the FISA Court under Section 215 -- 180 orders issued by this court. Only five of those orders relate to the telephony metadata program. There are 175 orders about completely separate things. In six weeks, Congress will either reauthorize this statute or let it expire, and we’re having a debate - to the extent we’re even having a debate - but the debate that’s taking place is focused on five of the 180, and there’s no debate at all about the other 175 orders. [...]There were 180 orders authorized last year by the FISA Court under Section 215 -- 180 orders issued by this court. Only five of those orders relate to the telephony metadata program. There are 175 orders about completely separate things. In six weeks, Congress will either reauthorize this statute or let it expire, and we’re having a debate - to the extent we’re even having a debate - but the debate that’s taking place is focused on five of the 180, and there’s no debate at all about the other 175 orders. [...]
We have not had a debate about surveillance requests, bulk orders to calling card companies, to Skype, to voice over Internet protocol companies. Now, if NSA isn’t collecting those records, they’re not doing their job. I actually think that that’s where the most useful data is. But why are we having this debate about these records that don’t contain a lot of calls to Somalia when we should be having a debate about the records that do contain calls to Somalia and do contain records of e-mails and instant messages and searches and people posting inflammatory videos to YouTube?We have not had a debate about surveillance requests, bulk orders to calling card companies, to Skype, to voice over Internet protocol companies. Now, if NSA isn’t collecting those records, they’re not doing their job. I actually think that that’s where the most useful data is. But why are we having this debate about these records that don’t contain a lot of calls to Somalia when we should be having a debate about the records that do contain calls to Somalia and do contain records of e-mails and instant messages and searches and people posting inflammatory videos to YouTube?
Read the full conversation here.Read the full conversation here.
11.57am ET16:5711.57am ET16:57
11.56am ET16:5611.56am ET16:56
Richard Burr, the intelligence committee chairman in the Senate, has sent up a trial balloon on surveillance, reports Guardian national security editor Spencer Ackerman (@attackerman):Richard Burr, the intelligence committee chairman in the Senate, has sent up a trial balloon on surveillance, reports Guardian national security editor Spencer Ackerman (@attackerman):
If the maximal position he and Mitch McConnell favor (re-up all existing surveillance powers) won’t fly, he proposes, how about delaying the divestiture of NSA’s bulk US phone records databases for two years? Burr argues that will have the technocratic benefit of easing the transition to the heretofore-untested regime under the Freedom Act, whereby the NSA will present telecos with a Fisa Court order when it has “reasonable articulable suspicion” to get phone records (and lots of them).If the maximal position he and Mitch McConnell favor (re-up all existing surveillance powers) won’t fly, he proposes, how about delaying the divestiture of NSA’s bulk US phone records databases for two years? Burr argues that will have the technocratic benefit of easing the transition to the heretofore-untested regime under the Freedom Act, whereby the NSA will present telecos with a Fisa Court order when it has “reasonable articulable suspicion” to get phone records (and lots of them).
To which the House of Representatives’ architects of the Freedom Act breathe a deep and exhausted sigh.To which the House of Representatives’ architects of the Freedom Act breathe a deep and exhausted sigh.
Just pass the Freedom Act already, say Republicans Robert Goodlatte and Jim Sensenbrenner and Democrats John Conyers and Jerry Nadler in a Friday statement, as Burr doesn’t even have the backing of the NSA on this. From that statement:Just pass the Freedom Act already, say Republicans Robert Goodlatte and Jim Sensenbrenner and Democrats John Conyers and Jerry Nadler in a Friday statement, as Burr doesn’t even have the backing of the NSA on this. From that statement:
...Importantly, the National Security Agency has said that the 180-day transition period contained in the bill is enough time to get the new call detail record program up and running....Importantly, the National Security Agency has said that the 180-day transition period contained in the bill is enough time to get the new call detail record program up and running.
The House of Representatives has now acted twice to reform our intelligence-gathering programs, making sure it protects Americans’ liberties and our national security, but the Senate has failed to act. The Senate should immediately pass this bipartisan bill instead of hastily and irresponsibly trying to scramble something together in the eleventh hour. The short-term extensions and other proposals being discussed in the Senate don’t have the support to pass in the House of Representatives. The Second Circuit Court of Appeals has already ruled the bulk collection program as unlawful and extending it any further is unacceptable.The House of Representatives has now acted twice to reform our intelligence-gathering programs, making sure it protects Americans’ liberties and our national security, but the Senate has failed to act. The Senate should immediately pass this bipartisan bill instead of hastily and irresponsibly trying to scramble something together in the eleventh hour. The short-term extensions and other proposals being discussed in the Senate don’t have the support to pass in the House of Representatives. The Second Circuit Court of Appeals has already ruled the bulk collection program as unlawful and extending it any further is unacceptable.
The House has thus far shown unity in its insistence that the Senate leadership’s surveillance gambles are futile, writes Spencer:The House has thus far shown unity in its insistence that the Senate leadership’s surveillance gambles are futile, writes Spencer:
From Speaker John Boehner on down, it considers its 338-88 vote for the Freedom Act to be its last word on surveillance for the time being. Nothing McConnell and Burr want to do can happen without House support, and that support appears to be in short supply.From Speaker John Boehner on down, it considers its 338-88 vote for the Freedom Act to be its last word on surveillance for the time being. Nothing McConnell and Burr want to do can happen without House support, and that support appears to be in short supply.
11.54am ET16:5411.54am ET16:54
Happy Memorial Day!Happy Memorial Day!
The State Department will release Hillary Clinton's Benghazi emails at 12:30 pm.The State Department will release Hillary Clinton's Benghazi emails at 12:30 pm.
That’s not narrowly surveillance-law related – apologies to the purists.That’s not narrowly surveillance-law related – apologies to the purists.
11.50am ET16:5011.50am ET16:50
The Obama administration has come to the defense of the Patriot Act, asking legislators to make every effort to preserve bulk US phone data collection.The Obama administration has come to the defense of the Patriot Act, asking legislators to make every effort to preserve bulk US phone data collection.
First up this morning was Loretta Lynch, the newly minted attorney general, in the first interview of her tenure.First up this morning was Loretta Lynch, the newly minted attorney general, in the first interview of her tenure.
“Our biggest fear is that we will lose important eyes on people who have made it clear that their mission is to harm American people here and abroad,” Lynch told CBS News.“Our biggest fear is that we will lose important eyes on people who have made it clear that their mission is to harm American people here and abroad,” Lynch told CBS News.
The journalist Marcy Wheeler notes that, in her defense of the Patriot Act, Lynch said Section 215 allows the government to “intercept communications,” as opposed to metadata. Usually that’s what Patriot defenders accuse Patriot opponents of claiming.The journalist Marcy Wheeler notes that, in her defense of the Patriot Act, Lynch said Section 215 allows the government to “intercept communications,” as opposed to metadata. Usually that’s what Patriot defenders accuse Patriot opponents of claiming.
I finally found someone claiming Section 215 permits govt to "intercept communications"! https://t.co/ZvtY2EMTT2 pic.twitter.com/Jw20bgCUgJI finally found someone claiming Section 215 permits govt to "intercept communications"! https://t.co/ZvtY2EMTT2 pic.twitter.com/Jw20bgCUgJ
Also this morning, White House spokesman Eric Schultz shared a Los Angeles times story outlining other NSA programs conducted under Section 215 of the Patriot Act and now threatened with elimination:Also this morning, White House spokesman Eric Schultz shared a Los Angeles times story outlining other NSA programs conducted under Section 215 of the Patriot Act and now threatened with elimination:
Senate dispute over NSA data collection threatens to shut other spy programs http://t.co/3S9IXLnS7n via @LisaMascaroSenate dispute over NSA data collection threatens to shut other spy programs http://t.co/3S9IXLnS7n via @LisaMascaro
The Guardian’s Spencer Ackerman (@attackerman) wrote Thursday about a new justice department report describing how Section 215 had been used:The Guardian’s Spencer Ackerman (@attackerman) wrote Thursday about a new justice department report describing how Section 215 had been used:
But a Justice Department inspector general’s report finally released on Thursday covering the FBI’s use of Section 215 from 2007 to 2009 found that the bureau is using the business-records authority “to obtain large collections of metadata”, such as “electronic communication transactional information”.But a Justice Department inspector general’s report finally released on Thursday covering the FBI’s use of Section 215 from 2007 to 2009 found that the bureau is using the business-records authority “to obtain large collections of metadata”, such as “electronic communication transactional information”.
The specifics of that collection – which civil libertarians have called “bulky”, to signal that it is not bulk collection but not far off – are not provided in the redacted report. Yet electronic communication transactional information is likely to refer to records of emails, instant messages, texts and perhaps Internet Protocol addresses. Sections of the report refer to the FBI asking for “material related to internet activity” and mention “IP addresses and to/from entries in emails”. [...]The specifics of that collection – which civil libertarians have called “bulky”, to signal that it is not bulk collection but not far off – are not provided in the redacted report. Yet electronic communication transactional information is likely to refer to records of emails, instant messages, texts and perhaps Internet Protocol addresses. Sections of the report refer to the FBI asking for “material related to internet activity” and mention “IP addresses and to/from entries in emails”. [...]
Privacy advocates seized on the report to argue, echoing Senator Rand Paul in his Wednesday filibuster, that the time has come to abandon all of Section 215, not just the bulk collection provision that a federal appeals court has already deemed illegal.Privacy advocates seized on the report to argue, echoing Senator Rand Paul in his Wednesday filibuster, that the time has come to abandon all of Section 215, not just the bulk collection provision that a federal appeals court has already deemed illegal.
Read the full piece here.Read the full piece here.
11.28am ET16:2811.28am ET16:28
The Guardian’s Ben Jacobs has his eyes trained on the Senate floor, where the debate over government surveillance... isn’t happening at the moment, as the chamber plods through amendments to the trade bill.The Guardian’s Ben Jacobs has his eyes trained on the Senate floor, where the debate over government surveillance... isn’t happening at the moment, as the chamber plods through amendments to the trade bill.
Bob Corker is now calling the currency manipulation amendment a second bailout to the auto industryBob Corker is now calling the currency manipulation amendment a second bailout to the auto industry
11.19am ET16:1911.19am ET16:19
Key conservative think tank supports House billKey conservative think tank supports House bill
Perhaps the most influential think tank for Congressional Republicans has come out with a grudging endorsement of the USA Freedom Act, Guardian national security editor Spencer Ackerman (@attackerman) writes:Perhaps the most influential think tank for Congressional Republicans has come out with a grudging endorsement of the USA Freedom Act, Guardian national security editor Spencer Ackerman (@attackerman) writes:
The Heritage Foundation’s position, released amidst widespread confusion and speculation about what the Senate will actually do on surveillance, is long, convoluted and mealy-mouthed. But it places the Freedom Act, which jettisons bulk domestic phone collection while keeping the rather bulky remainder of an expiring provision of the Patriot Act, in the context of vigilance against terrorism and respect for civil liberties, the sweet spot for wavering conservatives.The Heritage Foundation’s position, released amidst widespread confusion and speculation about what the Senate will actually do on surveillance, is long, convoluted and mealy-mouthed. But it places the Freedom Act, which jettisons bulk domestic phone collection while keeping the rather bulky remainder of an expiring provision of the Patriot Act, in the context of vigilance against terrorism and respect for civil liberties, the sweet spot for wavering conservatives.
Heritage’s account of bulk domestic phone surveillance’s demonstrated utility against terrorism at times becomes dubious. The phrase “contributed to” has to carry a ton of freight for its contention “the authorities under Section 215 and 702 of the PATRIOT Act has contributed to thwarting 54 total international terrorist plots in 20 countries” to be true.Heritage’s account of bulk domestic phone surveillance’s demonstrated utility against terrorism at times becomes dubious. The phrase “contributed to” has to carry a ton of freight for its contention “the authorities under Section 215 and 702 of the PATRIOT Act has contributed to thwarting 54 total international terrorist plots in 20 countries” to be true.
Ultimately, however, Heritage considers the surveillance-reform bill to be the viable option the alternatives it considers aren’t, Spencer writes. Spencer quotes from the Heritage statement:Ultimately, however, Heritage considers the surveillance-reform bill to be the viable option the alternatives it considers aren’t, Spencer writes. Spencer quotes from the Heritage statement:
The Act is the only legislative vehicle that has passed a chamber of Congress. It is not perfect and could be improved. For example, there should be a uniform period of time for carriers to maintain the telephone metadata. Another could be designating a specific format in which the carriers must maintain the data to allow more expeditious analysis once the data is appropriately obtained. The USA FREEDOM Act strikes a balance between maintaining our national security capabilities and protecting privacy and civil liberties, and this should always be the goal.The Act is the only legislative vehicle that has passed a chamber of Congress. It is not perfect and could be improved. For example, there should be a uniform period of time for carriers to maintain the telephone metadata. Another could be designating a specific format in which the carriers must maintain the data to allow more expeditious analysis once the data is appropriately obtained. The USA FREEDOM Act strikes a balance between maintaining our national security capabilities and protecting privacy and civil liberties, and this should always be the goal.
Mitch McConnell, the Senate majority leader, wants to preserve all current surveillance powers, either for several years or, if necessary, several weeks, to buy time until he can come up with a majority coalition, Spencer continues:Mitch McConnell, the Senate majority leader, wants to preserve all current surveillance powers, either for several years or, if necessary, several weeks, to buy time until he can come up with a majority coalition, Spencer continues:
Heritage, striking a sympathetic tone to McConnell, gently replies that since the 2nd Circuit Court of Appeals has ruled bulk collection illegal, McConnell’s proposal would “likely result in the federal district court judge who now has the case enjoining the government from continuing the program.”Heritage, striking a sympathetic tone to McConnell, gently replies that since the 2nd Circuit Court of Appeals has ruled bulk collection illegal, McConnell’s proposal would “likely result in the federal district court judge who now has the case enjoining the government from continuing the program.”
McConnell could still pull this out. The Freedom Act could still lose – but if it does, all of the expiring sections of the Patriot Act are lost with it, leading to an outcome McConnell really doesn’t want; something civil libertarians have dreamed about for 15 years; and the FBI losing a broad communications surveillance power currently masquerading as a records-collection power.McConnell could still pull this out. The Freedom Act could still lose – but if it does, all of the expiring sections of the Patriot Act are lost with it, leading to an outcome McConnell really doesn’t want; something civil libertarians have dreamed about for 15 years; and the FBI losing a broad communications surveillance power currently masquerading as a records-collection power.
Expect McConnell’s opponents, both Democrats and Republicans, to use Heritage’s imprimatur as a cudgel against him.Expect McConnell’s opponents, both Democrats and Republicans, to use Heritage’s imprimatur as a cudgel against him.
10.50am ET15:5010.50am ET15:50
Good morning and welcome to our live blog coverage of what could be the demise of surveillance law as we know it – barring a last-minute move from the Senate.Good morning and welcome to our live blog coverage of what could be the demise of surveillance law as we know it – barring a last-minute move from the Senate.
Republican majority leader Mitch McConnell has been looking for a way to extend a key provision of the Patriot Act, known as Section 215, before the Senate breaks for the Memorial Day holiday (the recess is supposed to begin today, although they could go into the weekend).Republican majority leader Mitch McConnell has been looking for a way to extend a key provision of the Patriot Act, known as Section 215, before the Senate breaks for the Memorial Day holiday (the recess is supposed to begin today, although they could go into the weekend).
The legislators are not scheduled to come back until 1 June, hours past a midnight deadline for Section 215 to expire.The legislators are not scheduled to come back until 1 June, hours past a midnight deadline for Section 215 to expire.
Since 2006, the NSA has secretly used Section 215 to collect US phone data in bulk. The statute also permits the FBI to collect business records or other “tangible things” deemed relevant to an ongoing counter-terrorism or espionage investigation.Since 2006, the NSA has secretly used Section 215 to collect US phone data in bulk. The statute also permits the FBI to collect business records or other “tangible things” deemed relevant to an ongoing counter-terrorism or espionage investigation.
Surveillance hawks warn that the loss of 215 would dangerously cripple the government’s intelligence-collection ability. Skeptics point out that independent reviews have not found any instances of the program stopping a terror plot and say it infringes privacy.Surveillance hawks warn that the loss of 215 would dangerously cripple the government’s intelligence-collection ability. Skeptics point out that independent reviews have not found any instances of the program stopping a terror plot and say it infringes privacy.
Can McConnell slip a temporary extension through? The majority leader is facing a time crunch, with a bill to boost the president’s trade-negotiating authority also on the docket.Can McConnell slip a temporary extension through? The majority leader is facing a time crunch, with a bill to boost the president’s trade-negotiating authority also on the docket.
McConnell also appears to be losing a fight to keep his colleagues from supporting competing surveillance legislation passed overwhelmingly last week in the House. That bill, the USA Freedom Act, would end the bulk collection of phone records.McConnell also appears to be losing a fight to keep his colleagues from supporting competing surveillance legislation passed overwhelmingly last week in the House. That bill, the USA Freedom Act, would end the bulk collection of phone records.
What will McConnell pull out of his hat?What will McConnell pull out of his hat?
Updated at 10.57am ETUpdated at 10.57am ET