Obama Changes Position on FISA: Damages Credibility

In an abrupt about face, presidential candidate Barack Obama has decided to throw his support behind the FISA compromise bill worked out between the white house and the democrat controlled congress after threatening to filibuster similar legislation earlier this year.

The original bill gathered controversy because it contained language modifying the Foreign Intelligence Surveillance Act, allowing for wiretaps to be ordered without warrants or judicial oversight. The bill also provided immunity to telecommunications companies who, in the past, have given phone records to the government without proper warrants or subpoenas. The revised legislation would not only make it legal for telecoms to do so in the future, but would also provide retroactive immunity against lawsuits filed against these companies for violating their customers privacy rights.

The first version of this bill was stonewalled in congress because of its controversial nature. This was when Obama stood strongly opposed to this legislation. Recently, a new version was proposed, created out of a compromise between republican and democrat leaders. This new version contains the same warrantless wiretapping provisions, but some change to the telecom immunity language. Under this version, the telecoms are only immune to lawsuits if they can prove that they were informed by the government that it was legal to turn over such records. Of course, the telecoms were told this, and the passing of this legislation would basically give the telecoms the immunity they were looking for, just in a round about way. The only thing the democrats really gained from this compromise was a chance to save face, a chance that Obama jumped for. However, civil liberties groups and some left leaning pundits aren’t buying it.

For the first time, Obama has angered a great deal of his far left supporters. Obama says that he is supporting the compromise and recognizes the need to pass this legislation in a timely manor. I call it a cop out and a flip flop. A bill is not a compromise when one side gets everything they asked for and the other side gives up everything they were standing up to fight against.

I understand why the Obama campaign has reversed its position; they are trying to move toward the center in order to get votes in key swing states. However, they have made a grave miscalculation. Trying to appeal to the center by running away from leftist positions is a failing strategy for Obama for several reasons.

One reason would be because he is up against McCain. If Obama wants to try to compare his record against McCain on reaching over the isle, he is going to lose the fight. McCain has many years of experience and a proven bipartisan voting record on issues like campaign finance and immigration. Obama just does not have the senate experience to back up his bipartisan claims. That is not to say the Obama would not work toward a “Purple America,” but when Obama’s record is put next to John McCain, Obama falls short and independent voters can see this. Running to the center will not help Obama catch independent voters.

Another problem with this strategy is funding. By running away from the left, Obama risks damaging his reputation with left wing supporters. McCain has the same problem with his far right supporters as well. The difference in the two candidates is how they plan on financing their campaigns. McCain is taking public financing money, while Obama will rely on individual donations. Obama has been setting record fundraising levels because of his grass-roots campaign style and small individual donations. If he starts alienating his base, those donations will dry up fast. One example is Markos Moulitsas, founder of the Daily Kos website who has already said he plans of cutting back donations to Obama’s campaign now that Obama supports the new FISA legislation.

Finally, the Obama campaign has made the mistake of underestimating the values of independent voters. Independents and moderates tend to cast their ballots for a candidate, not a party. Integrity and trust are important issues, more important than some of the political posturing seen so commonly throughout the election season. By changing his position on the FISA legislation, Obama has compromised his leadership qualities. Facing off against McCain, who can be very firm in his beliefs, Obama’s ill-advised position swapping may be a very serious mistake that will hurt him with independents and moderates that he will need to win key swing states.

Whatever Obama’s reasons for changing his position and supporting the new FISA provisions for telecom immunity and warrantless wiretapping, here is what the public will see: a candidate who has completely changed his position on a fundamental issue, a candidate who cannot be trusted, a candidate who cannot keep his campaign promises, and a candidate giving into political pressure instead of following his core beliefs. If Obama truly believes that turning his back on his strongest supporters is the way to win this election, we will be welcoming president McCain come November.