Brendan Nyhan

Bill Frist tries to criminalize dissent

In response to a Democratic amendment intended to strip Karl Rove of his security clearance, Republican leaders retaliated “with a measure designed to strip the security clearance of the chamber’s top two Democrats.” Here’s the Post’s summary of the stunning amendment:

Frist offered his aimed at Reid and Democratic Whip Richard J. Durbin (Ill.). Frist’s amendment would have denied clearance to any senator who refers to a classified FBI report on the floor, a shot at Reid’s May 12 reference to a report on a Bush judicial nominee. It also would have stripped access to classified information to an officeholder making a statement that is “based on an FBI agent’s comments which is used as propaganda by terrorist organizations.” That was aimed at Durbin’s comments last month comparing the treatment of detainees at the U.S. military prison at Guantanamo Bay, Cuba, to techniques used by the Nazis and the Khmer Rouge.

Josh Marshall has the exact text:

Any federal officeholder who makes reference to a classified Federal Bureau of Investigation report on the floor of the United States Senate, or any federal officeholder that makes a statement based on a FBI agent’s comments which is used as propaganda by terrorist organizations thereby putting our servicemen and women at risk, shall not be permitted access to such information or to hold a security clearance for access to such information.

To point out the obvious, stripping clearances based on statements that are “used as propaganda by terrorist organizations” would essentially make it impossible for members of Congress to criticize the administration. And the implication that criticism of the administration puts “our servicemen and women at risk” is equally anti-democratic.

Fortunately, the amendment was so loathsome that 20 Senate Republicans couldn’t stomach it and voted with Democrats against it. But 33 United States Senators voted for it. Here’s the list of scoundrels:

Alexander (R-TN)
Allard (R-CO)
Bennett (R-UT)
Bond (R-MO)
Bunning (R-KY)
Burns (R-MT)
Burr (R-NC)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Frist (R-TN)
Grassley (R-IA)
Gregg (R-NH)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Martinez (R-FL)
McConnell (R-KY)
Santorum (R-PA)
Shelby (R-AL)
Smith (R-OR)
Specter (R-PA)
Stevens (R-AK)
Vitter (R-LA)