Russ Feingold stood up in the Senate yesterday and told the plain, unvarnished truth. He didn’t shade his words, he didn’t spin, he didn’t make a lawyerly case, selecting just those facts that support his case and ignoring other facts.
He said:
The President authorized an illegal program to spy on American citizens on American soil, and then misled Congress and the public about the existence and legality of that program.
The facts are straightforward: Congress passed the Foreign Intelligence Surveillance Act, known as “FISA”, nearly 30 years ago to ensure that as we wiretap suspected terrorists and spies, we also protect innocent Americans from unjustified government intrusion. FISA makes it a crime to wiretap Americans on U.S. soil without the requisite warrants, and the President has ordered warrantless wiretaps of Americans on U.S. soil. The President has broken that law, and that alone is unacceptable. But the President did much more than that.
Not only did the President break the law, he also actively misled Congress and the American people about his actions, and then, when the program was made public, about the legality of the NSA program. He has fundamentally violated the trust of the American people. The President’s own words show just how seriously he has violated that trust.
…the President knew he wasn’t telling the complete story. But engaged in tough political battle during the presidential campaign, and later over Patriot Act reauthorization, he wanted to convince the public that a systems of checks and balances was in place to protect innocent people from government snooping. He knew when he gave those reassurances that he had authorized the NSA to bypass the very system of checks and balances that he was using as a shield against criticisms of the Patriot Act and his Administration’s performance.
The President’s claims of inherent executive authority, and his assertions that the courts have approved this type of activity, are baseless.
it doesn’t even comply with the National Security Act, which requires the entire memberships of the House and Senate Intelligence Committee to be “fully and currently informed of the intelligence activities of the United States.”
.
The President has only one defense. Feingold called it baseless, and it was baseless until the administration was forced to fall back on it as a last resort. The President is asserting that the FISA law is unconstitutional because it infringes on his Article Two powers. If we accept the administration’s argument, Congress can pass no law regulating the proper use of the armed services. This is not a legal argument with any merit whatsoever. And, yet, Arlen Specter, Chairman of the Senate Judiciary Committee is at least willing to entertain this defense because he has no idea what the President has done. And lacking that knowledge he can only assert:
“The president may be wrong, but he has acted in good faith.”
When has George W. Bush ever acted in good faith? Good faith is not the point. Our constitutional protections and separations of power are there so we don’t have to rely on the good faith of our civil servants.
Russ Feingold told the truth. In a time of war, our President has abused his power, violated the constitution, broken the law, assigned to himself powers which he does not have, lied repeatedly, and signalled his intention to continue to do all of these things in the future.
The Dem leadership is reluctant to fight, the MSM is dismissive of these grave legal criticisms, and Congress is supine. Only Feingold and concerned citizens are standing up for what is right. This will be remembered when the 2008 primaries come around. In the meantime, any Senator that fails to back Russ’s efforts, deserves a primary challenge.
Don’t forget this part from Section 2:
That includes all of it, including the parts you don’t agree with.
Kid Street, I have no issue with you, but I have been reading your diaries. I took your challenge I have been digesting them. I have taken action by calling and emailing. I have written snail mail on them. Now have you done the same? I want to thank you for your intellegence and I admire you for what your research has brought forth. But until we act, it will be much of the same.
Yes I have!
Well, do stay on it! At least I know I am not alone doing that for your cause..well for all of our causes. Proud of you, Girl…;o)
I’m actually doing so much other than writing, I’m almost starting to wear myself out again!! So, I have slowed down somewhat–the last thing I want is another pneumonia relapse. And, I’m really glad that you are helping with this.
And thanks for doing so.
AFuckingmen.
Time of War
The only time of war we are in is the one Bush initiated by his attack on Iraq.
After 9/11 was not a time of war. A time of Executive branch overreach, yes.
It seems like an obvious bright-line rule to me: If you want exceptional war powers, then have Congress actually declare war on someone. If you don’t have the votes to declare war or a specific enemy to declare war on, then the country isn’t at war.
You have hit on a simple truth. And it IS confusing – we aren’t gearing our manufacturer’s up to meet the demand of body armor or any of the things one would expect should take place. THere is no conservation of oil, no rationing.
That brightline ISN’T. THis isn’t a true war. This is Bush’s definition of war and no others. And that is where Washington seems to depart from reality. I am encompassing Dems and Repthugs in that statement. They don’t know how to behave under this very tenous War on Terror. It is Rove and Bush who have put that terminology in place. Our war on terror is in Afghanistan. Bush has committed us to Iraq and soon Iran. We could have won Afghanistan. We cannot win “Bush’s War” on democracy, the Constitution, caring for those who need the whole government to address their needs UNLESS we start applying the rule of law and the Constitution to HIM.
Feingold is correct in doing what he is doing – HE is drawing the brightline. I say: “YES”
If I write a check in good faith, believing that the money to cover that check is in my account, and then for whatever reason — fraud, an automatic withdrawal I forgot about, my wife spent the same money on groceries — the money is not there to cover the check, I can’t go back and say that I wrote that check in good faith. I still get hit for overdraft fees, or go to jail, or worse.
Good faith is first cousin to good intentions. We all know what the road to hell is paved with.
You are absolutely right, BooMan. Russ stood up, and he told the truth, and he told it plainly, and he told it simply, and the administration is going to have to wriggle like a garden snake to come up with some way in which the President did not break the law. Unfortunately, that is the one area that they seem to be extremely gifted at. That, and stonewalling, and obfuscation, and calling good evil, and evil good, and black white, and up down, and s**t Shinola. They will do everything in their power to bury this resolution, and Feingold with it.
I fully expect Feingold’s resolution to die in committee somewhere. I hope I’m wrong. If I am, please try and catch up with me as I do the Happy Dance down Fourth Avenue in Seattle to tell me you told me so.
I was about to post this, but BooMan beat me to it. So I’ll pile on in the comment thread instead:
The progressive blogosphere is abuzz with support for Sen. Russ Faingold’s introduction in the Senate Monday of a resolution to censure the President over his admitted role in illegally ordering the warrantless NSA monitoring of the phones, e-mails, and faxes of Americans, in violation of the 1978 Foreign Intelligence Surveillance Act. FISA was passed precisely to prevent abuses of power like this; it is easily and rapidly invoked, and Bush has never given a rational explanation as to why he chose to refuse to honor it.
Feingold’s action is explicitly directed not just at Senate Republicans, who voted last week in committee not only to refuse to investigate the scandal but instead to try to legitimize it, but also at Senate Democrats, who on this as on so many other issues regarding Bush have failed to stand up and be counted. This measure forces that, which is why — after cavings in on NSA, Alito, corruption reform, and the PATRIOT Act reauthorization in the last three months alone — bloggers are so delighted. But it’s not just activists on the left.
Is this motion a calculated political move by Feingold? Of course. But it’s completely risk-free for him. Even if no other senator signs on, it makes Bush and Senate Republicans look bad, and it separates Feingold from other Senate Democrats, as did his attempted filibuster on PATRIOT. Feingold wants to be elected President in 2008, and to that end he is not only attracting publicity and gaining free media and name recognition, but he is doing something that John Kerry and Al Gore (to pick two random names) did not bother to do before their presidential runs: showing that he can lead, that he will take risky and potentially unpopular actions in service of something he believes is right.
But this is neither risky nor unpopular. On Monday, syndicated liberal talk radio host Ed Schultz, who tends to appeal to a male, red-state Democratic listener more conservative than the audiences of Thom Hartmann or Air America, estimated on air that 90 percent of his listeners would support this. Polls by Zogby — the only major polling firm that has bothered to ask the question — have consistently shown that more than half of Americans believe that if Bush broke the law (which he clearly did) he should be impeached. That’s a far higher percentage than ever supported the impeachment of Bill Clinton, and rivals the numbers that wanted to impeach Richard Nixon.
For endless reasons, there is tremendous popular anger and frustration with George Bush. Remarkably, it’s taken over five years for any Senate Democrat to try to tap into it. Now, one has — a 2008 presidential aspirant, no less. The question now falls to other Senate Democrats: which side are you on? And so far, predictably, miserably, no other Democratic senator has announced support for Feingold’s measure. Most of them have run like scared rabbits. As usual. Which is exactly why, unless there is a magical transference of Feingoldian backbone to his congressional colleagues, and soon, Democrats are not about to win back either house in 2006. Voters will choose incompetent, corrupt leaders over incompetent, corrupt followers every day of the week.
It’s up to Democrats to do what Feingold has: to show that they’re not incompetent, they’re not corrupt, and most of all, that they stand for something. It might help if the majority of Americans who support Feingold on this did something other than answer polls, post to blogs, or gripe at the dinner table. Call, write, fax, and e-mail senators. Call talk shows. Write letters to editors. Get out on the streets. Be visible. Spread the word that holding the President of the United States accountable for his actions under the law is not only constitutionally mandated, is not only good for the country, but is also good politics. And that regardless of party, if the people currently in Congress won’t do their jobs in this respect, they’ll be replaced by people who will.
For three months, every legal expert outside the Bush orbit has been repeating the same phrase: “The President broke the law.” Finally, someone in the Senate is acting like the phrase means something. The American people, by and large, are with him. Pity that, so far, the rest of his so-called “opposition” party isn’t. Perhaps they can be convinced.
Hi Geov, I just wanted to say I’ve read and enjoyed your work in print for some time and I’m glad to see you here.
Ex-zactly. Feingold’s preparing for a 2008 Presidential run. And he’s doing it the right way: by doing the right thing. I hope that this does what I think it’ll do: gets him massive grassroots and netroots support.
Though I think you’re wrong that it’s risk-free. Feingold’s running a massive risk by doing this and showing up his fellow Democrats. He’s walking a very fine line. If he makes Reid and his DINO brigrade look too stupid, they might just stab him in the back and decide that losing his seat to a Republican’s better than having a Democrat who’s willing to point out that the Chimperor’s dancing on the White House lawn in his birthday suit.
Well, booman, I have been on the phone all morning long taking to the democratic senators offices and on how they feel about Russ’s senate speech yesterday on the floor of the senate. The general consensus is that now hope you all are sitting down for this one…they have not decided on how they will feel. Bidens office said that on tv this am he said how he feels and I said to them that the rest of America is feeling very determined to back Feingold and that the better join in with us or that he particularly will not get very far in his presidential bid. I was not rude, but firm in my stance and they all said that their senators were not giving out any statements yet on what they will do. Bingaman was just horrible. I wished they would loose that holier than thou attitude. I explained I was an independent that voted with the dems and that they knew nothing of what the ppl wanted out in America. They were absolutely horrible to hear what they said. I do not mean to make it worse, but these men and women are absolute assholes. They have shit for brains. Bingaman’s office said they he is cosponsor to a bill to have an independent investigation of this…I said that will sink too, for that he had not one ounce of pull with anyone, IMHO. They are stalling…..I am sorry to tell you all, your senators are shit for brains. I am left with much frustration this morning. They are stalling for time..and for what I do not know. I told them to get behind someone and stick with that one and mean what they say or else we are not with them either! Maybe I should not say WE. I was speaking for me and what I was hearing on the democratic discussions. They absolutely sounded as if I was of a crock of shit myself. They will not heed any warning…they are alls o far away from reality as any one group of ppl I have even known in my entire life. I am finished with this calling and emailing and writing letters. They do not listen anyhow…it is not what we want as America and democrats that live in reality anyhow, that they should be listening to. It seems as if they are blind,deft and dumb on all things anymore. I am finished…I have tried to help the cause, but I am tired and burned out. Why should I do what should be done from all of us anyhow when we get no where in our rhetoric.
Three were just a few senators I could not get a hold of today..Boxer was one. So if you have any gull for calling maybe you all should..I will not any longer. I am tired of talking to ignorance, thank you so very much…they are all dumbshits…..
I have been reading all these diaries about things that matter to each of us here…what are you doing about it!!?? each of you!!! Do you call, write letters, send emails, attend town hall meetings desent…All I hear is bitching and no action.. How the hell are they to know how we feel if we don’t tell them, for Heavens sake! Seemingly they have not been told…I ask you, what have each of you done today, that will help change their minds on us out here!!!!!
Brenda, for today you are my hero. Thank you so much.
thank you for that, Booman. I feel so let down and frustrated. These senators know me by my first name!..well, doubt they remember me…but all the same, I am constantely calling and sending emails and calling and sending emails and everything that matters! They seem so far removed from what reality is! What happened when they stepped foot in the district of columbia I will never know! One can simply watch them go astray on a moment to moment basis. I really thought Obama had the guts to actually do something but it did nto take him long to muster to the call of modereratism. He taalks a good talk but as far as walking a good walk…the jury is still out and sliding to the neg. as far as I can see. I am so angry and frustrated….they do not listen,,period! I am but one lonely voice out here….where are my backups? Tha tis what I wanna know! You ask for activism…I am acting…where were you all today in all of this…what did you all do? It is so lonely out here in that regard!
You aren’t alone…I wrote and I called…I have the “Queens of Maine”. Talk about being lonely….
Thank y ou so much cake. I really do mean that. I was beginning to feel quite by myself here. Glad to know that you and I are in the same frame of mind. hugs
Oh BTW, they must be calling Frist office frequently about me…calling me that bitch from your state called again..is there anything you can do to stop her..take her phone or pc away from her..just do something!…:o) I do call repubs offices too…making them feel my wrath…:o)
Ha! Let’em! Those are the ones I call as well…My reps are good guys for the most part. (dem thank god) It’s the queens that I have a HUGE problem with. Keep giving em hell. 😉
They are stalling because, in order to mask their abject political cowardice and the fact that they put their own ambition before principle, they claim their silence and equivocation is part of the strategy to “let the Repubs hang themselves” with their own bullshit. They use this winless strategy as the excuse for their self-serving cowardice.
I don’t see any new Dem majorities appearing in November ’06 in either chamber of congress, not with this pack of gasbags running the party.
the latest generic congressional came out today. Dems 55% GOP 39%.
With the GOP under 40, I think they are afraid to give them a life raft. But I think they could throw them an anvil.
I don’t know how to assess the accuracy of this generic congressional poll. If the poll is truly generic, that is, congress wide, and if we consider that only about one third of the House seats are up for grabs, (and how many of them are truly contested rather than safe incumbencies), then it may be the 55-40 margin for Dems might represent less than it seems.
Where I live here in south Florida I know a lot of (former) Bush regime supporters. And while it’s true now that most of them think BushCo screwed things up pretty badly, when I ask them if there isa Democrat they’d vote for, to a man/ woman, they laugh at me for even suggesting such a thing.
Admittedly the Repub base in S. Florida is not necessarily the most intelligent group on the planet, but even so, despite what they might say about their disenchantment with Bush and the Repubs in congress, the idea that they’d turn out an incumbent Repub by voting affirmatively for a Dem is laughable. and it is this dynamic that I fear has a ot more strength than the polsters and the consultants want to recognize.
…..wait while Rome burns…..not me, I am not that way. I am not a gambler in that regard. I hope they know what they are doing to us out here without a clear and concise message.
For being alone, this place is sure crowded!
Brenda you are not alone. Some of us take the time that would have been spent in commenting by calling our Senators (Dayton and Toothiness himself, Normie Coleman), we phone, we fax, we vent our opinion and our ire. Sometimes real life work only lets us do that.
In the meantime, thanks for doing what you are doing. To be known by your name in the halls of those who should be hearing you is a high compliment indeed.
Thinkprogress finds Sen. Feingold pegs his colleagues dead on. Link:“Dems are cowering to Bush” On fox news yet. This guy’s profile IS courage. Amen.
Do read this,
Take care of yourself senator. Take care now.
Considering that the GOP’s biggest rebuttals to this yesterday were 1) Russ left the room when he finished (so that just goes to show ya something (what?), and 2)the adamant declaration that “surely we can all agree that the President is doing the best he knows how to” (yeah, but he doesn’t even know how to eat a pretzel so that’s not really saying much…) … I don’t understand why there isn’t more support for this.
Like with Alito and everything else, why is it that the “hard left” has to spend days on the phone harrassing Senate staff just to get the Dem Senators to say something profound like, “I have no position on this at the moment.”?
Forget the pulling teeth analogy, this is more like root canal.
yeah. the dem senators are making us waste our time on the phone.
what an embarrassment for the Senate Democrats (except kerry), to not even be able to back this resolution!
well, like a president that is in disconnect or that wel known bubble he lives in…take a look!
just a crime
or this one yet another crime
…and most of all, this one! the worst crime of all
now when will we all come to our senses and most of all the senate come to their senses on this administration??!!
…and these are just three crime stories I read today. I get up early to read online. I am here for I want to learn. I want to be very sure on my stand I take. I want to be informed. I want to make a difference. I want to be free and to have freedom. I want to be able to take care of me when I retire. I want to have health care. I want our country to be safe. I want our vets taken care of. I want many things. Maybe I should put all those wants in the demand column. Maybe I should have put those demands on the fact we have a constitution to be followed. Maybe we should take our country back! What do you all think? I think I know but now lets go after it!
Speak for yourself. I’ve already come to my senses. 😉
I meant no harm. Sorry you took me the wrong way. It has got to be for us all to do something. If you were not concerned, you would not be here. Thanks…hugs…I meant no harm to you personally.
Er, the winky face was supposed to be code for snark…
fjnlly got it…see below..hugs
….:o) too….hugs
Clinton and Schumer: ha ha ha ha ha!
Feingold has made the ENTIRE DEMOCRATIC SENATE CAUCUS look like newts, with one VERY NOTABLE EXCEPTION: jfk.
Got balls?
Two Senators. I think there’ll be more. But the leaders are now separated from the followers.
Does anyone know how cold coffee can be once left sit in a cup while talking or writing???!!! yak! not good..it is actually cooler than water left sitting, did you know that??? :o)
Via Think Progress.
Peace
It’s interesting – Fox covered him because he called the Dem’s spineless, that is a smoot political move.
He may end up being hated, reviled, put down because of his move. That makes it all the more important to show him he is correct. He needs some body armor made of supporters.
Called my two Senators this AM. (Levin and Stabenow) Both were fence sitters this AM. That Levin had not supported Feingold was a bit surprising; Stabenow not so much.
I really hope that dry powder is not set off by an errant spark between now and November. If the Bill of rights is not worth the scuffle, wonder what is?