This is very interesting. Biden voted against FISA. He knows a little about having helped put it together way back in the 70's. This is huge. The Constitutionalist voting block consists of Paulis, Paleo Conservatives, and Democratic and other civil libertarians. They're serious about the Constitution, as they should be. Now there's a difference on this issue - a major one that can be used to just pound McCain and whomever. CryptoPolitico DailyKOSRemember all the consternation and angst on this board surrounding Obama's recent "yes" vote on the FISA bill? Remember all the people sayin' they were going to ditch Obama, that he was a sellout, that they weren't going to contribute another dime to his campaign? Remember that?
CryptoPolitico's diaryWell, a little fact checking on Google will show that Joe Biden voted against ammending the Foreign Intelligence Surveillance Act just this past month. In assailing John McCain for supporting warrant less wiretapping, Biden said:
"Senator McCain has now not only joined the company of President Bush – but also President Nixon – in taking the position that as President he would consider himself above the law. In 1978, I helped draft the Foreign Intelligence Surveillance Act (FISA) which made clear the exclusive legal steps the President must take in order to conduct national security surveillance. President Bush chose to ignore the law and now it seems Senator McCain will continue this policy. Once again–there is no daylight between President Bush and Sen. McCain.
"I said during the FISA debate in 1978 that "it is not necessary to compromise civil liberties in the name of national security." That’s as true today, even in a time of war, as it was then. We all share the goal of capturing the terrorists and protecting national security and we can do that without violating the privacy of the American people. Like President Bush, Sen. McCain is presenting the American people with a false choice—national security or civil liberties. We need a President who understands that we can have both. It’s what our values and our Constitution demands."
Biden's other votes on protecting the civil rights of Americans are good, but not perfect. He Voted NO on extending the PATRIOT Act's wiretap provision in 2005, although he did vote to reauthorize the original PATRIOT act in 2006. He has voted YES on preserving habeas corpus for Guantanamo detainees. The Council on Foreign Relations reports: (more at link)
(ON TORTURE-just added)
Biden opposes the use of torture as a CIA interrogation method. In 2007 he introduced National Security with Justice Act, a bill that apparently died in committee. The legislation would have prohibited any U.S. officer or agent from torturing detainees.
"This is an outrage and an embarrassment to the nation and is further proof that you cannot trust this Administration. Before these memos were drafted, the Administration publicly denied their use of torture and now it is clear to all that they were not telling the truth.
"These abhorrent policies have made us less safe in the world. The shirking of responsibility by this White House, from blaming Abu Ghraib on lower-level officers and firing others for their own incompetent Iraq policies, is a disturbing pattern of behavior that must come to an end."