http://www.dailykos.com/storyonly/2008/6/26/222646/124/440/542648Key argument:
Thus, as I phrased it on the air tonight, obviously Obama kicked the left in the teeth by supporting the bill. But anybody who got as hot about this as I did would prefer to see a President Obama prosecuting the telecoms criminally, instead of seeing a Senator Obama engender more "soft on terror" crap by casting a token vote in favor of civil litigation that isn't going to pass since so many other Democrats caved anyway.
When Markos was on (Monday? Again, blurs) he made the simple but essential point that if this is Obama's rationale for this, maybe he should explain it. I think it can be argued that if he's caught the same hole in the bill that Dean has, his best course is actually to shut up and take the criticism and hope the Republicans don't see the loophole.