“This report raises serious concerns crucial to the survival of our democracy…If left unchecked, the president’s practice does grave harm to the separation of powers doctrine, and the system of checks and balances that have sustained our democracy for more than two centuries.” Then, again, I could be sold on the merits of bar associations…if they continue to call out Dubya for trampling on our Constitution.
Category: Patriot Act
The Treason of the Senate, Redux.
“‘The committee is, to put it bluntly, basically under the control of the White House through its chairman,’ [Senator Jay Rockfeller (D-WV)] told reporters. ‘At the direction of the White House, the Republican majority has voted down my motion to have a careful and fact-based review of the National Security Agency’s surveillance eavesdropping activities inside the United States.’” Once again, on a party line vote and at the behest of Chairman Pat Roberts (by way of the Dubya administration,) the GOP members of the Senate Select Committee on Intelligence vote down an investigation into the NSA warrantless wiretaps….meaning presumed committee moderates Olympia Snowe and Chuck Hagel buckled under pressure again.
And, speaking of buckling under pressure, the House pass the Patriot Act 280-138. “‘I rise in strong opposition to this legislation because it offers only a superficial reform that will have little if any impact on safeguarding our civil liberties,’ [Congressman Dennis] Kucinich said…’Congress has failed to do its job as a coequal branch of government…The administration’s attack on our democracy has to be reigned in.‘”
Surrender, Democrats.
“‘The die has now been cast,’ acknowledged the law’s chief opponent, Sen. Russell Feingold, D-Wis….’Obviously at this point, final passage of the reauthorization bill is now assured.‘” As expected, most Senate Dems — no doubt aiming to protect their national security flank in the upcoming elections — join in voting 84-15 to end another Feingold filibuster, thus sending the barely-revised Patriot Act along for likely passage. “‘No one has the right to turn this body into a rubber stamp,’ said Feingold, the leading opponent of the law in Congress. ‘The White House played hardball and the decision was made by some to capitulate.‘” Good God, our party is pathetic at times. Update: The Senate passes the Patriot Act, 89-10.
The Treason of the Senate.
“Treason is a strong word, but not too strong to characterize the situation in which the Senate is the eager, resourceful, and indefatigable agent of interests as hostile to the American people as any invading army could be.” As feared — the Senate GOP, including supposed “moderates” Snowe and Chafee — vote down hearings into the NSA wiretaps. And also as feared, the Senate Dems completely collapse on the Patriot Act renewal, joining the Republicans to end the Feingold filibuster 96-3. (Only Robert Byrd (D-WV) and Jim Jeffords (I-VT) sided with Russ.) So, with the Senate in effect abdicating its responsibilty as an independent and coequal branch of government, it looks like it’ll be up to the judiciary to check Dubya’s executive powergrab.
Last Refuge of Scoundrels.
“It took a long time for Democrats to step up and challenge the administration’s baseless assertions that the Patriot Act could not be changed without threatening the security of the American people. When we finally did so, when we decided to make the case that we can fight terrorism and protect our American principles at the same time, it looked like Democrats were finally ready to stand on principle and offer strong leadership. Instead, too many Democrats have folded, and momentum for critical changes to the Patriot Act to protect our freedoms has been squandered.” In Salon, an angry Russ Feingold calls out his party for capitulating on the Patriot Act extension. Ugh. Are the Democrats irreparably broken at this point? Does our party leadership lack all conviction? At this point, the evidence is piling up against them, and, if we don’t get our act together, we’re going to lose our best chance in a decade to take back Congress this November. Update: Feingold filibusters alone.
Big Russ.
With a tip-off from the Progressive Patriots Fund, I had the opportunity yesterday to catch Sen. Russ Feingold speak on the Patriot Act and the NSA wiretapping scandal over at Cardozo Law School. (Their pics are a lot better than mine — I forgot to charge my batteries, and thus only got in 2 or 3 shots before my camera died on me.) And how was he? Well, all-in-all, he came off as a convincing candidate for the election ahead, as well as an impressive, informed, and personable fellow. To be honest, I found his remarks a bit lawyerly (then again, he’s a lawyer speaking before a law school, so that’s not really a fair criticism), but, taken in full, he seemed a committeed progressive and a refreshingly candid leader, the type of dynamic, independent thinker the Senate should be teeming with, if the system came anywhere close to working these days.
The gist of Sen. Feingold’s remarks was thus: Al Qaeda is the central threat facing America and has been since 9/11. Yet, instead of bringing the nation together to eliminate this terrorist organization, the Dubya White House has chosen time and time again to endanger our national security and compromise our most fundamental American values for their own ideological or power-hoarding purposes. (Iraq, Guantanamo, extraordinary rendition, secret gulags, you name it.) Along those lines and as we now all know, the Patriot Act, which only Feingold voted against in 2001, contains some terrible provisions therein, the most notorious example affecting Middle America being Section 215 (which gives law enforcement, among other things, the right to see what you’ve been reading.)
Yet, as per the norm, Dubya has refused to admit that it’s even possible that something might be wrong with the Patriot Act now that it’s up for renewal — only that it’s necessary to defeat the evildoers and that any microscopic change in the statute could rend the fabric of freedom irreparably. (Despite this now-somewhat hoary ploy, Feingold and others have succeeded in blocking a permanent blanket extension for now, as y’all know if you’ve been visiting here lately.) And, of course, Dubya has taken this same tack of obfuscation and fear-mongering to cover up his brazen wiretapping power-grab — which, according to Congress’s own research arm, broke at least two laws and counting.
Again, this story is not news to many Dems out there, but Feingold laid it out in clear, comprehensible, and systematic fashion. (The only “breaking news” made was the Senator announcing this letter to Gonzales, asking him why he, in effect, lied to the Judiciary Committee during his confirmation hearings about the NSA wiretaps.) And he had some good lines throughout — In reply to Rove’s ridiculous claim that Dems were “pre-9/11”, Feingold quipped that the GOP suffered from a “pre-1776” mentality these days. (He also retold the recent Patrick Henry exchange.) To be honest, I’d liked to have heard more in this vein — In terms of breaking down the legislative legerdemain and legal issues at hand, Feingold was superb. But I thought the speech needed more narrative sweep and rhetorical grandeur, more explanation of why this battle matters so much to the workings of the republic. He doesn’t have to turn into Robert Byrd overnight. Still, I thought the remarks could have benefited from more dramatic heft and historical resonance: Jefferson, Madison, Adams, Lincoln, Wilson…they’re all relevant here. (Then again, as I said above, I was an historian sitting in a room full of lawyers, so I was a tougher sell than most.)
Along those lines, if there was a problem with this presentation, it’s that the Senator, while clearly outraged, at times seemed much less livid about all this than many in the audience, who occasionally sounded ready to hoist the black flag. (In fact, many will no doubt be happy to hear that Feingold was asked twice “why Democrats are so lame.” As he noted (and as the blogosphere can attest this week), if a crowd in New York City is this irate with the party, the Dems might be in serious trouble nationwide in November. Still, he also emphasized that the Democrats could be more effective fighters if they actually controlled a house of Congress — You can’t hold hearings if you’re in the minority.
In terms of other questions, Feingold said he supports and will take part in the very late-developing (and now already defunct) Alito filbuster (Roll Call.) In fact, he thought the Dems made a crucial mistake in capitulating to the original “Gang of 14” compromise, arguing cogently that Dems have seen nothing for it and may well have had the votes to win Catkiller‘s game of nuclear chicken. Since Casino Jack and lobbying reform seemed too big a subject to address competently in the time allotted, I asked him a question about his thoughts on the NYT decision to spike the NSA story for a year, his general view of the mass media’s performance in serving as a check on these types of executive abuses, and (’cause it seemed apropos) his thoughts on the burgeoning blogosphere’s role in all this. He didn’t really go after the Times decision, and said that, in terms of the recent Patriot Act debate, he thought the press had actually done an ok job. Regarding blogs, he called the Internet “a miracle for populist politics,” which was a good enough soundbite that everyone in my row dutifully wrote it down at the same time.
And, of course, Sen. Feingold was asked — a couple of times — whether or not he was running for President in 2008. Naturally, he played it coy — After all, we still have just under two years before the Iowa caucus. But, for what it’s worth, I was impressed by him — He’s not a first-class emoter like Edwards or Clinton, of course. Instead, he comes across as a highly intelligent, capable, and nuanced thinker, a la Bradley, Kerry, or Gore on his better days. But unlike those three, he also seemed much more comfortable in his own skin, more naturally himself at the podium, and — most importantly — more content to play the maverick if his lefty principles dictate thus. (Although, as I said, I’d like to see him tone down the lawyer-ese and rev up more Wellstone-ish fire if he does make a White House run.) I suppose there’s a small, bordering-on-infinitesimal chance that Rodham Clinton, Biden, Warner, or someone else might drop all the “New Democrat” protective camouflage this time around and begin loudly and undefensively proclaiming progressive principles to the Heavens. But, until that unlikely event, my candidate in the 2008 Democratic primary is Senator Russ Feingold of Wisconsin. (Update: 1776 link via Medley.)
“The Power-Madness of King George.”
“This extremity of Bush’s position emerges most clearly in a 42-page document issued by the Department of Justice last week. As Andrew Cohen, a CBS legal analyst, wrote in an online commentary, ‘The first time you read the “White Paper,” you feel like it is describing a foreign country guided by an unfamiliar constitution.’ To develop this observation a bit further, the nation implied by the document would be an elective dictatorship, governed not by three counterpoised branches of government but by a secretive, possibly benign, awesomely powerful king.” As Dubya embarks on another weeklong campaign of fear and distortion (as per standard Rovian operating procedure), Slate‘s Jacob Weisberg gapes at the audacity of Bush’s brazenly unconstitutional ploy for power. “[I]n his white paper, Bush as much as declares: ‘I determine what my words mean and I alone determine what yours mean, too.’…Bush’s message to the courts, like his message to Congress, is: Make way, subjects.“
In related news, Senate opposition to the Patriot Act — All the Dems and only four measly Republicans — seems to be holding firm for now, meaning that the old, unrevised version will remain in effect for the time being. Of course, if King George actually possessed the powers he’s arrogantly allocated to himself of late, there would be no need for a Senate vote on the Patriot Act at all. Hopefully, Arlen Specter understands the danger in these breathtaking assertions of unconstitutional power by Dubya, and will make his forthcoming Senate Judiciary hearings count for something. After all, given this administration’s blatant power grab, it’s no longer hyperbole to say that our republic is at stake.
Patriot Games.
Unable to defeat the Feingold-led filibuster, the Senate GOP instead decide to punt with a six-month extension of the Patriot Act. Dubya originally said he’d veto a three-month stopgap, and the Republicans have been fervently against previous Democratic calls for a temporary extension…but at this point it sounds like the White House and GOP will take what they can get. (Feingold’s reaction: It’s “a victory for the American people.”) Update: Make that a month.
Al PETA?
Is the FBI searching for Al Qaeda…or the Army of the 12 Monkeys? In yet another example of scary overreaching by intelligence organizations of late, the ACLU disclosed today that the FBI has been spying on several innocuous activist organizations since 9/11, including PETA, Greenpeace, and the Catholic Workers’ Group.
Patriotic Insurgency.
“I don’t want to hear again from the attorney general or anyone on this floor that this government has shown it can be trusted to use the power we give it with restraint and care.” Aided by today’s shocking revelation that the NSA has been monitoring thousands of international calls without a warrant since 2002, a group of Senators led by Russ Feingold — and including four Republicans (Craig, Hagel, Murkowski, and Sununu) — succeed in defeating an extension of the Patriot Act. At this point, I might as well put a Feingold 2008 banner over on the sidebar — Ever since the McCain-Feingold days, the Senator from Wisconsin has continued to rise in my esteem, and this once again proves his mettle as our most forthright and committed progressive standard-bearer. Bravo!