Mark Udall’s amendment to strip out indefinite detention provisions from the defense authorization bill failed today, and the bill will likely pass the Senate with the provisions intact. This sets up a possible, but not certain, Obama veto.

Every year the Defense Authorization includes some big controversy. This time it’s provision measure that would mandate indefinite detentions of terrorist suspects in military custody and open the door for those indefinite detentions to extend to US citizens. Mark Udall is trying to strip out that provision.

This is that famous pivot we’ve been hearing so much about, the one that has been attempted at least seven other times by the Administration. Remember that the end of the health care bill was supposed to precipitate a pivot to jobs. Then the end of Dodd-Frank would do the same. And so on.

But this underestimates the malign forces who don’t want to pivot, who want to remain right in the muck of austerity for as long as possible.

Make no mistake, not only did Sen. Wyden get this colloquy into the Senate record, but there appear to have been several threats hiding behind the Senate blather. DiFi has said she thinks the way to fix a secret law is to change it in a secret committee meeting. But Wyden et al have made it clear that if she doesn’t agree to fix it in her secret committee meeting, he will try to do so on the Senate floor.

Three provisions of the PATRIOT Act set to expire were extended yesterday as Senate leaders effectively shut off debate and worked to block attempts to amend the Patriot Act to include privacy protections. The reauthorized provisions went to the House for approval and, after passing through Congress, the legislation was flown to US President Barack Obama in France so he could sign the reauthorization.

The big rush to extend PATRIOT is about making sure this geolocation tracking doesn’t shut down over the Memorial Day weekend.

Right now, opposition to PATRIOT excesses is still mostly a Democratic issue (though Rand Paul definitely took the leadership role Russ Feingold would have had in the past). Until more Republicans join Paul, Heller, and Lee in opposing PATRIOT, it’ll remain on the books, particularly so long as we have a Democratic President whom Democratic Senators are happy to have wielding such power.

I mean, are we supposed to worry that the government can’t conduct timely surveillance on a non-U.S. person ‘lone wolf’ terrorist such as an individual who has self radicalized and responds to international terrorist calls to attack the United States,” when the government has never had a need to use this authority, not even with Khalid Ali-M Aldawsari, who was a “a non-U.S. person ‘lone wolf’ terrorist such as an individual who has self radicalized and responds to international terrorist calls to attack the United States”?

Wyden and Udall are trying to swap out that language to require that the information both be relevant to an investigation and be tied to some suspected terrorist (or Julian Assange).

It appears that Rand Paul has reached some kind of deal on his insistence to get votes for his amendments to the Patriot Act. There will now be votes on the amendments, with a likely 60-vote threshold. But the expectation is that the amendments will fail, and final passage will be secured Thursday. That will be followed by a quick vote in the House, and then a flight of the bill to Europe so President Obama can sign it before a midnight deadline when the three provisions of the measure would expire. And you said Congress can never be efficient. They can when motivated!