Jane Hamsher at Firedoglake has an entry entitled “The Tin Political Ear of Evan Bayh” concerning Senator Feingold’s efforts to censure President Bush for authorizing warrantless wiretaps of American citizens in violation of the Foreign Intelligence Surveillance Act. Sounds simple enough, President Bush broke the law and Sen. Feingold thinks that he should at least be censured, particularly since the Republican dominated Senate Intelligence Committee has decided not to investigate the extent of the wiretapping program.
Bayh claims it is unclear whether FISA was broken by the President. My opinion is that if Bush is opposing Congressional investigation into the matter, the only option is to assume the worst and proceed accordingly.
The quote from Sen. Bayh:
Bayh told reporters that he does not support efforts by Sen. Russ Feingold, D-Wis. . . . to censure Bush for authorizing domestic eavesdropping. Bayh said it’s not clear whether the law requiring court approval before surveillance was broken, and he instead favors revisiting and possibly updating the law.
I think it is pretty clear. FISA requires a warrant to be obtained either before or within 72 hours. The Bush administration wiretapped American citizens without obtaining a warrant of any kind.
Ms. Hamsher inquires:
How exaclty does Bayh plan to be the big national security badass? By changing the law so that the President’s illegal actions are made legal? Wow you are one tough hombre, Evan.
For Sen. Bayh to be a good candidate, I think it will be necessary for him to become less cautious, less calculating, and less equivocating.
Update I came across and opinion that I thought was relevant to this post:
A poll by the non-partisan American Research Group found 46 percent of Americans support censuring Bush for authorizing wiretaps of Americans without obtaining court orders, as part of the administration’s efforts to fight terrorism.
But the pollster, Dick Bennett, said he does not expect the Democratic leadership to come out of the shadows until at least 60 percent of Americans support a censure.
Since the Sept. 11, 2001, terrorist attacks, “the basic problem of the Democratic leadership has been their lack of political courage,” Bennett said in a telephone interview from his offices in New Hampshire.
. . .
“I don’t know about you, but I have had it with the D.C. Democrats … with every calculating, equivocating, triangulating, straddling, hair-splitting (expletive deleted) up there,” columnist Molly Ivins wrote this week.
Liberal bloggers joined in chiding the Democrats for not rallying behind Feingold’s resolution, especially the 20 Democrats who voted to censure Bill Clinton over the Monica Lewinsky affair.
A little more on the poll. It found that 46% favor censure while 44% oppose it. 48% of likely voters are in favor while 43% are against. Only 57% of Republicans are opposed. 70% of Democrats are in favor and 26% opposed. Oddly, only 42% of independents favor censure, but 47% would favor impeachment.
Joe says
I know it’s a pipe dream, but it would be nice if our legislators actually cared about the rule of law as opposed to just doing what the poll numbers suggest and what their party leaders demand of them.
I have no idea how the Democrats expect to win the elections in 2006 or 2008. It appears their current plan to let Bush dig a big hole and hope that we see the Democratic Party as the salvation of America.
Craig says
Molly Ivins rocks
lawgeekgurl says
see, I never understood why people hailed Bayh as the Next Great Hope for midwestern Democrats. He’s no Birch, I tell you what.
Lou says
Politicians on all sides are afraid of the instant spin machines,but the Republicans have mastered it. No one wants to go on the record for anything unless they already have backing.( those who have,have been clobbered)The republican spin machine has been an awesome thing.No matter what any critic of any admin. policy says , the opposing view is out instantaneously on all the vast conservative media network. Talk radio runs with the latest so-called ‘talking points’ and every AM station all over the country has the same points.Human nature seems to accept a rebuttal much faster than an original criticism.I drive a lot long distance and it doesnt matter where you are.The Dems are way behind..Im sure they don’t even realize how out-classed they are in the media wars. If Communism had had this advantage we’d still be fighting the Cold War.