There are probably 57 different reasons why 16 Democratic Senators (including Jim Webb! - my heart's broken) and 41 Democratic Representatives voted to gut the Fourth Amendment and give The Usurper dictatorial powers.
But if the primary reason was that those 57 dems actually fell - AGAIN - for Rovian fear-mongering, Glenn Greenwald in Salon demolishes that excuse.
Read the whole thing, but here's a taste:
We do not need to wonder or speculate about what might happen if Democrats obstruct warrantless eavesdropping legislation and Republicans are then able to make an issue of it politically. That already happened in 2006. That was Rove's whole strategy. It failed miserably, across the board. And yet the Democratic leadership just permitted, and many Democrats supported, a wild expansion of George Bush's warrantless eavesdropping powers based on a jittery fear of this already-failed tactic, if not based on actual support for these increased eavesdropping powers.
In this post and this one Glenn also makes the point that the 57th Retreating Dems aren't as big a problem as the Democratic "leadership" in both houses, which could have put a stop to the disaster by simply rejecting Smirky's order to pass the law or else.