Rand Paul Is Suddenly Quiet About Ending the NSA's Domestic Surveillance

If Rand Paul is upset by Mitch McConnell's fast-track push to extend the Patriot Act and preserve government mass surveillance, he's not saying so.

The Republican presidential candidate loves to bash the National Security Agency's spying powers. He has pledged to end the NSA's bulk collection of U.S. call data "on day one" if voters send him to the White House. He's even sued the Obama administration on grounds that mass surveillance violates the Fourth Amendment rights of every American.

But Paul has so far refused to weigh in on a measure Senate Majority Leader Mitch McConnell introduced late Tuesday that would extend unchanged the soon-to-expire provisions of the Patriot Act until 2020, thereby keeping the NSA call-records program intact.

Paul has not yet issued any statement about the McConnell bill, and his office repeatedly said the senator had no comment at this time.

The refusal to weigh in was also on display Wednesday night at an awards ceremony put on by The Constitution Project that honored Paul and Sen. Patrick Leahy for their commitments to defending civil liberties. Though Paul took time to blast the NSA—saying the Founding Fathers would be "mortified" by government snooping on Americans—he did not mention McConnell or the push for clean reauthorization in front of the friendly crowd. And he refused to take questions from reporters before or after the event— even during a seven-floor shared elevator ride with National Journal.

If Rand Paul is upset by Mitch McConnell's fast-track push to extend the Patriot Act and preserve government mass surveillance, he's not saying so.

The Republican presidential candidate loves to bash the National Security Agency's spying powers. He has pledged to end the NSA's bulk collection of U.S. call data "on day one" if voters send him to the White House. He's even sued the Obama administration on grounds that mass surveillance violates the Fourth Amendment rights of every American.

But Paul has so far refused to weigh in on a measure Senate Majority Leader Mitch McConnell introduced late Tuesday that would extend unchanged the soon-to-expire provisions of the Patriot Act until 2020, thereby keeping the NSA call-records program intact.

Paul has not yet issued any statement about the McConnell bill, and his office repeatedly said the senator had no comment at this time.

The refusal to weigh in was also on display Wednesday night at an awards ceremony put on by The Constitution Project that honored Paul and Sen. Patrick Leahy for their commitments to defending civil liberties. Though Paul took time to blast the NSA—saying the Founding Fathers would be "mortified" by government snooping on Americans—he did not mention McConnell or the push for clean reauthorization in front of the friendly crowd. And he refused to take questions from reporters before or after the event— even during a seven-floor shared elevator ride with National Journal.

It's possible, advocates suggested, that Paul is planning some sort of theatrical last-minute move—such as his drone filibuster—to block renewal of the Patriot Act provisions.

"This is a tricky situation for him," said Michael Macleod-Ball, the acting director of the American Civil Liberties Union's Washington legislative office. "He is presented with a moment here where he can demonstrate his leadership on the issue. There is an opportunity now to fulfill his promise to fight the Patriot Act tooth and nail."

Paul isn't alone in his reticence to criticize McConnell's proposal or Obama's drone policy. Sen. Ted. Cruz, who is also running for president, told National Journal to check with his office when asked Thursday about the Patriot Act reauthorization. His office said it would have something to say on the bill but was "not sure on timing yet." Cruz also released only a short statement on Thursday's news, calling the hostage deaths a "tragedy."

But Cruz, unlike Paul, crossed the aisle with three other Republicans to support the Democratic-backed reform package that failed late last year. Paul's "no" vote came with a tacit acknowledgement that he believed he could get a better deal in 2015, despite the GOP takeover of the Senate.

Many Republicans, however, appear unwilling to budge from their hawkish pro-NSA stances, and few senators in either party appear willing to let the Patriot Act authorities expire completely. And McConnell's preemptive strike, even if used as a base bill that has reform amendments tacked on, sets a marker far from the reform measures the chamber nearly passed in November.

"The American people are under mass government surveillance, and it's absolutely critical that members of Congress stand up to it even when it is not politically convenient," said Harley Geiger, senior counsel with the Center for Democracy and Technology. "This is an issue with broad political consensus, from liberals to libertarians—but without steadfast and consistent commitment to reform, the government's mass surveillance will only get worse as technology advances."