The Note: What's Next For The NSA?

ByABC News
June 1, 2015, 9:02 AM


--SENATE FAILS TO REACH DEAL: The NSA's domestic surveillance program expired at midnight after the Senate failed to reach a deal to pass legislation Sunday evening, ABC's ARLETTE SAENZ notes. The expiration came after the Senate convened for a rare Sunday session to deal with the expiring provisions of the Patriot Act. Before adjourning without reaching a deal, the Senate made some progress, clearing a key procedural hurdle on the USA Freedom Act, but due to procedural objections by Sen. Rand Paul, the Senate was unable to hold any additional votes to move forward with the measure.

--WHAT EXPIRED? Three key provisions of the Patriot Act expired at midnight -- Section 215, which authorizes the NSA's bulk collection of Americans' phone records; a roving wiretap provision that allows law enforcement officials to monitor terror suspects that use multiple phones; and a program that officials can use to monitor "lone wolf" terror suspects, not connected to any known terrorist organizations. It will take an entire day to reboot the system, if Congress passes legislation reforming the metadata collection program.

--PAUL VS. MCCONNELL: The NSA fight also revealed the tension between Paul and Senate Majority Leader Mitch McConnell, who has endorsed the junior Kentucky senator in his 2016 bid, SAENZ notes. Never mentioning each other by name, the two senators directly took on those with opposing views from their own. McConnell, irritated after Paul blocked a short term extension of the roving wiretap and lone wolf provision, accused opponents of the surveillance program (like Paul) of conducting a misinformation campaign: "We shouldn't be disarming unilaterally as our enemies grow more sophisticated and aggressive and we certainly shouldn't be doing so based on a campaign of demagoguery and disinformation launched in the unlawful actions of Edwards Snowden."

--ANALYSIS -- ABC's RICK KLEIN: The scrum to become the anti-Hillary candidate is now joined, with flaws and foibles evident in both men who seem best positioned to give the Democratic frontrunner a run for her money. While this is Martin O'Malley's announcement moment, it's an early Bernie Sanders momentum moment, with polls and press coverage casting the Vermont senator as on the move. It's important to remember that Sanders has more of a built-in base, particularly without Elizabeth Warren running. He's the candidate for the far left, and the even farther left beyond. O'Malley's advantages would be more likely to stand out in a more traditional competitive primary. He has governing experience, a generational argument to make, and generally looks the part more than Sanders. The race's dynamics could wind up driving its competitive nature. If Hillary Clinton cruises wire-to-wire, Sanders could easily be the default runner-up. But the moment Clinton looks vulnerable enough to actually be beaten, it might be time for O'Mentum.

TODAY ON THE TRAIL with ABC's CHRIS GOOD: Sen. Lindsey Graham will become the latest Republican to jump into the presidential race today. The senior senator from South Carolina will hold an event on Main Street in Central, South Carolina at 10:30 am ET. Elsewhere: Scott Walker will be in Atlanta meeting with "local elected officials, party leaders and activists" and doing local-media interviews. Hillary Clinton will attend a fundraiser in Queens with Reps. Joe Crowley and Grace Meng, the New York Observer reported.

IN THE NOTE'S INBOX -- FROM TEAM TRUMP: "Mr. Donald J. Trump will be making an announcement to the press and public on June 16 as to whether or not he will run for President of the United States of America. All are welcome to attend."



SENATORS EXTEND CONDOLENCES AFTER DEATH OF BEAU BIDEN. Several of Vice President Joe Biden's former colleagues in the Senate extended condolences to the Biden family after the passing Beau Biden, his 46-year-old son who lost his battle with brain cancer over the weekend. Many senators knew Beau Biden from a young age, often seeing him and his brother Hunter in their father's office when they were young children, ABC's ARLETTE SAENZ notes. "I know the tragedy his family's gone through," Sen. Patrick Leahy, D-Vermont, said of the vice president. "I cherished time with his office right near mine when his sons Beau and Hunter would be there with him. I watched them grow up. I saw Beau Biden become the epitome of what a state's attorney general should be." "I'd like to express my sincere condolences to the entire Biden family in their moment of such deep and profound loss. Beau Biden was known to many as a dedicated public servant, a loving father of two and a devoted partner to the woman he loved, Hallie," Senate Majority Leader Mitch McConnell said.

MARTIN O'MALLEY'S HOMETOWN CHALLENGE. Martin O'Malley faces an uphill battle. The former Maryland governor and Baltimore mayor who officially announced his run for the Democratic presidential nomination over the weekend is relatively unknown nationwide, polling around 1 percent among Democratic voters across the country, according to a new poll from Quinnipiac University this week. But perhaps his greatest challenge comes from his own backyard, ABC's MARYALICE PARKS notes. During his campaign kickoff event Saturday in downtown Baltimore, a small group of protesters made a scene, speaking out against police brutality and blaming O'Malley for what they see as the negative consequences of his tough stance on crime. "If he wants to be president, if he wants to come home, he must atone," said Tawanda Jones, one of the protesters. "Our streets are not even safe no more, because of all of the anger in our city." When he first ran for mayor of Baltimore in 1999, O'Malley promised to cut crime, and when he came into office he instituted a zero-tolerance policing policy. Supporters say that while arrests went up, even for minor offenses, crime came down.

O'MALLEY TOUTS EXECUTIVE EXPERIENCE. After announcing he would seek the Democratic presidential nomination, former Maryland Gov. Martin O'Malley sat down for an exclusive one-on-one interview with ABC's GEORGE STEPHANOPOULOS. O'Malley, who served two terms as governor and two terms as Baltimore's mayor prior to that, emphasized his experience as a manager while also working to distinguish himself from front-runner Hillary Clinton along generational lines. "I believe our country is facing some very deep challenges. And I believe that we're not going to overcome our problems without new leadership," he said. "So what I offer in this race, George, is 15 years of executive experience accomplishing difficult things and bringing people together to get them done." O'Malley said the Obama administration had kept the country from falling into an ever deeper recession, but he said he has something different to offer. O'Malley is positioning himself to the left of former Secretary of State Hillary Clinton. ABC's MARYALICE PARKS has more.

WORLD'S WEALTHIEST DONATE BILLIONS THROUGH THE 'GIVING PLEDGE.' How do Warren Buffett and Bill Gates convince the world's wealthiest people to give away most of their fortunes? The billionaires have organized the "Giving Pledge," an initiative launched five years ago to convince others to donate at least half of their wealth to charitable causes around the world, according to ABC's BEN SIEGEL. Buffett, 84, who has pledged to give away 99 percent of his nearly $73 billion fortune during his lifetime or in his will, asks prospective donors to put their money to good use. "I just say...what are you thinking about doing with all that wealth that you've got?'" Buffett said in an interview for "This Week." "You're not going to live forever. "The money has great utility to other people," he added.

FIVE STORIES YOU'LL CARE ABOUT THIS WEEK. We've learned about cool ultrasounds, that Nashua is not Exeter, and that campaign guitars need tune-ups. Common Core is uncommonly lonely. Lonely candidates just need to show up near Hillary Clinton. Clintons and Bushes have nothing on Sepp Blatter. Did someone say bladder? Rand Paul has done talking and talking on the Senate floor. But who would have guessed that Bernie Sanders' writings would join Denny Hastert's doings in being the most interesting things to happen around these parts? With hogs (both kinds) ready in Iowa next weekend, here's a glimpse at some of the stories your ABC News political team will be tracking in the week to come. ABC's RICK KLEIN has more.


JOHN KERRY BREAKS LEG IN BIKE ACCIDENT. Secretary of State John Kerry broke his leg in a bike accident in France, the State Department said yesterday. "Given the injury is near the site of his prior hip surgery, he will return to Boston today to seek treatment at Massachusetts General Hospital with his doctor who did the prior surgery," a State Department spokesman said in a statement. The State Department says the incident happened Sunday morning while Kerry was bicycling near Scionzier, France. Paramedics and a physician were on the scene with the secretary's motorcade at the time of the accident, according to ABC's TOM GIUSTO, KATHERINE FAULDERS and BENJAMIN BELL. He is expected to make a full recovery.


@chrisdonovan: Flashback: 0 Senate Republicans & only 3 House Republicans voted against Patriot Act in October 2001 including @RandPaul's dad Rep. Ron Paul

@nationaljournal: O'Malley has a massive gap to close with Hillary Clinton, but his camp is eyeing Iowa as a place to make his mark

@jeneps: Clinton 57%/Sanders 16%/Biden 6% in @bpolitics/@DMRegister poll

@SaraMurray: "Everybody is running but me" -- A 102-year-old woman @MaeveReston talked to in Iowa, where voters are overwhelmed with options

@whignewtons: WATCH: "The momentum is building" #Carly2016