How Hoyer got the deal done

Updated: 6/25/08 8:00 AM EDT
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Steny Hoyer
House Majority Leader Steny H. Hoyer shepherded a set of FISA amendments through the House last week. John Shinkle

In a tense moment during negotiations over the Foreign Surveillance Intelligence Act, Sen. Kit Bond — the ranking Republican on the Senate Intelligence Committee — said that his side of the aisle could never accept one of the proposals the Democrats were pushing.

According to Democratic insiders, House Majority Leader Steny H. Hoyer abruptly stopped the meeting and said that, if a deal was made, no one would get more grief than he would.

Hoyer was right about that.

The Maryland Democrat shepherded a set of FISA amendments through the House last week — winning praise from House Speaker Nancy Pelosi (D-Calif.) and even some in his party to who opposed the deal — but now finds himself subjected to a barrage of criticism from his party’s left.

Sen. Russ Feingold (D-Wis.) called the House bill a “capitulation.” Firedoglake.com blogger Jane Hamsher — delivering the lowest possible blow from the liberal blogosphere — declared Hoyer “the new Joe Lieberman.”

Hoyer knew it was coming, and he persevered anyway. That he did so speaks volumes about who he is: a master of cloakroom politics who can use his friendships across the aisle to strike deals, even if others demand that his party hew closer to the positions that put it in power in 2006.

In an interview with Politico on Monday, Hoyer called the FISA legislation a “significant victory” for the Democratic Party — one that neutralized an issue Republicans might have been able to use against Democrats in November while still, in his view, protecting the civil liberties of American citizens.

Hoyer said that House Democrats succeeded in dialing back some of the provisions contained in the earlier, Senate-passed version of the FISA legislation. While the Senate bill provided retroactive immunity for telecommunications companies that participated in President Bush’s warrantless surveillance program, Hoyer noted that the House version mandates judicial review of the companies’ actions. Legal experts and congressional opponents argue that such review will ultimately be meaningless.

Hoyer was clearly the driving force in the months of arduous discussions over the FISA rewrite, holding numerous sessions with Bond, House Intelligence Committee Chairman Silvestre Reyes (D-Texas), Judiciary Committee Chairman John Conyers Jr. (D-Mich.), Minority Whip Roy Blunt (R-Mo.), Senate Intelligence Committee Chairman John D. Rockefeller IV (D-W.Va.) and senior Bush administration officials such as White House chief of staff Josh Bolten.

Hoyer said he discussed the issue several times with Bush himself, most recently at a White House reception, but that he never got into specifics in the talks with the president.

According to several Democratic insiders, Hoyer was able to keep the talks going by pointing out that he, more than anyone else in the room, was taking a huge political risk by trying to reach a deal. The Democratic leader in the House was also able to bridge the rancor between the two main Senate negotiators and their respective aides, joking frequently during tense negotiations and keeping the conversation going despite an obvious animosity in the room, aides said. Similarly, Hoyer and staff worked closely with his friend Blunt to make sure both sides kept in close contact in the House.

 

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