Sen. Obama supported one of the worst attacks on civil liberties in recent history, the reauthorization of the Patriot Act, which extended an earlier law granting law enforcement expanded powers to search telephone, e-mail, and financial and medical records, in addition to granting the federal government a host of other powers to combat so-called domestic terrorism. After saying he would oppose it if elected to the U.S. Senate (NOW questionnaire, 9/10/03), in July 2005, Obama voted for it.

But this wasn’t enough. After entering the presidential race and running on a “change” message, Obama vowed in February of 2008 to vote against--and filibuster if necessary--the FISA bill amendment (Foreign Intelligence Surveillance Act) that gave immunities to telecommunications corporations that cooperated with the Bush administration’s warrantless surveillance program. This eavesdropping program clearly violated the privacy of law-abiding Americans at the behest of the president, and made the FBI under J. Edgar Hoover seem tame by comparison. Those voting in favor of the bill didn’t even first require full disclosure to see how deep the illegal conduct extended and agreed to apply the law retroactively.

Despite his promises to the contrary, and despite the vehement protests of many of his supporters, when the FISA bill came to the Senate for a vote this past July, Sen. Obama voted for it without explaining how this vote fit in with his change message or reconciled with his repeated claims he was going to protect the American people from repeated assaults on civil liberties by President Bush. Here was his chance to lead and make good on his promise, and what did he do?

The American Civil Liberties Union (ACLU) called the FISA bill “an unconstitutional domestic spying bill that violates the Fourth Amendment and eliminates any meaningful role for judicial oversight of government surveillance“ (ACLU press release, 7/9/08). Caroline Fredrickson, Director of the ACLU Washington Legislative Office called the bill “a Constitutional nightmare” and noted “with one vote, Congress has strengthened the executive branch, weakened the judiciary and rendered itself irrelevant.”

Obama even voted to stop debate on the bill so he could get back to the campaign trail. How ironic is it that he was in a hurry to give more speeches about change and hope but couldn’t find the time or integrity to convert these ideas into action?

On the eve of the vote MSNBC’s Rachel Maddow noted “I’m betting that [Pres. Bush’s] wildest dreams did not include the prospect that Congress -- a Democratic-led Congress -- would help him cover up his crimes. Yet that is exactly what the US Senate is poised to do.” (Countdown with Keith Olbermann, 7/8/08)