A Weblog of Centrist Voices in American Politics


Centerfield is the blog of the Centrist Coalition. Send story ideas to cf at centristcoalition . com

Explore the Centrist Blogosphere, an aggregator which lists the latest posts by Centrist bloggers

These bloggers are part of the Centrist Coalition:
Ambivablog
Another Opinion
Austin Centrist
Charging RINO
Donklephant
Maverick Views
The Moderate Voice
Moderate Voters
Stubborn Facts

Independent Nation

Center Links:

<< ? The VCWC # >>

Independent Nation

Radical Middle

Resources:

 

March 17, 2006

Feingold's Censure Motion

If there is any politician that truly makes me think about the issues and consider my positions, it is the junior Senator from Wisconsin. This is for two reasons.

First, there is probably no U.S. Senator that I have more respect for. Feingold is fearless. He has shown time and time again that he was elected to do what is right, not carry the flag for the Democratic Party. His votes to confirm John Ashcroft and John Roberts, and to move the impeachment articles to the floor on Bill Clinton, to me, are evidence of a man that has no problem with leading even if it makes him unpopular with his friends. Feingold has challenged progressives to think about balancing the budget in moral terms, arguing that leaving future generations with debt is simply wrong. He has backed it up with a record that no one in the U.S. Senate can better on fiscal matters, again often breaking with his party to do so. He has done more than pay lip service to campaign finance reform, and has imposed the limits he proposes on himself. One time it almost cost him an election.

Second, there is no elected official that at times I radically agree with and other times I adamantly oppose. On the environment, campaign finance reform, the budget, gun control (Feingold is a member of the NRA), the death penalty, poverty, and civil liberties, I am with Russ. On free-trade, defense, the Patriot Act, and the war in Iraq, I have often thought there is nobody that has been more wrong. This isn't necessarily out of total disagreement with Feingold's positions on these issues, but his methods.

For example, I do believe we should not send our troops into war without knowing how they are going to get out, but I don't believe that Congress and politics should determine that. Also, I agree with Feingold that there are serious issues with the Patriot Act that borderline threaten our civil liberties, but I do not think the right action to take was to vote against a bill that provided much needed support to the Homeland Security community at a time when our country had just been attacked. I would have, however, supported Feingold's recent efforts to block permanent approval of the Patriot Act because I see no reason why frequent congressional review and approval of any law is a bad thing.

Now Feingold has done this.

Last weekend I attended a training session in my community as a member of the Commission on Children and Youth and the Teen Action Committee, appointed by the local County Commissioners. The purpose of the training was to teach local youth, many of whom are disadvantaged, to lead and become more active in the world surrounding them. Politics came up frequently, and I picked up on an angry vibe regarding this President that was different than what we sometimes read in the blogosphere. One asked me if I thought the President cared about his country. This was real, it was human, and these young people did an incredible job expressing their point of view and backing it up. I had a clear understanding of where they were coming from.

I bring this up because I have looked at this Presidency differently in recent months than I ever have before, probably due to the fact that I am as unhappy with the President now than I have ever been. This is directly related to the wire tapping issue because it goes to the core of my problem... It isn't necessarily the vision but the approach, and more importantly, the arrogance.

When the wire tapping story broke my first reaction was to wonder why anyone would have a problem with spying on an individual linked to Al Qaeda. I thought that the President was taking action that was consistent with the findings of the 9/11 commission by creating new approaches to implementing a spy program without having to go through the court created by a FISA law that by all accounts was enacted in a time where current technologies and threats were far from reality. The President pointed to Constitutional war powers, an argument that individuals like Lincoln Chafee, Arlen Specter, Susan Collins, Olympia Snowe, and John McCain, from his own party, have outright disagreed with or at least seriously questioned.

I am not arguing whether or not Bush broke the law, whether or not FISA is even applicable, or if spying on Americans is right or wrong. We have gone over that enough. However, this issue is just another in the long line of evidence that his administration is awful at managing public policy and dealing with political realities, which has given legs to the argument, true or not, that they believe they are above the law. Did they really not think this story would break or that the FISA argument would come up?

The administration did the right thing by going to Congressional leaders, but it's approach should not have been to implement the spy program, but rather to discuss what was the proper method of doing so considering all unintended consequences, opposing arguments, and possible legalities. Rather, they told Congress we are going ahead with this, if you have any concerns get back to us, knowing that scare tactics regarding terrorism and 9/11 have been very effective and easy to fall back on in times of political strife. In other words, with little in regards to process, the President of the United States began spying on American citizens, which in some cases lead to imprisonment.

If there is any requirement of our legal system it is that we must take every step available and necessary to protect the rights of the innocent. The Bush administration didn't meet the criteria in this American's opinion. Did they break the law? I don't know, I am not a lawyer.

Feingold's move to censure the President for breaking the law is the wrong step to take because there has been no court case, no evidence filed, and no ruling that the administration acted illegally. For those who feel adamantly that Bush did in fact break the law, there are steps that can be taken. Furthermore, censuring the President doesn't fix the problem. The Senator would be advised to look at more progressive approaches, such as reviewing, amending, and updating FISA, taking into account the change in times and ensuring that right procedural steps are implemented in the future, balancing the government's ability to protect the American people while not trampling on their civil liberties.

It is well known that Russ wants to be President, and by all accounts he is a long shot to win the nomination. One could argue that a more pragmatic approach on this issue would be less sexy to the base, and that a censure motion will get a future candidate quality national face time, while rallying the loyal blue troops. Maybe that is his purpose, maybe not, but my impression of Feingold is that he doesn't make decisions unless he feels it is the right thing to do.

Regardless of whether or not you specifically agree with his proposed timeline to withdraw troops from Iraq and his recent move to censure the President, Feingold has properly asked what kind of Presidential leadership we want in this country. A question, considering recent events, that I think needs to be thoroughly debated before 2008.

I probably will not support a candidate before the primaries are over; waiting to see where the cards fall and not particularly fond of either side right now, but the Democratic Party can do worse than the honorable Senator from Wisconsin. Russ Feingold would make a great American President.

Posted by Starbucks Republican at March 17, 2006 01:56 PM
Comments

I think a lot of mainstream Democrats are mad at him for trying to change the subject when the GOP has been carping at Bush over the ports deal and other developments.

I think a censure motion is reasonable to debate, but for Democrats, it's not the best time.

Posted by: Rick Heller at March 17, 2006 10:32 PM

If there is anyone who I thought would back Senator Feingold's censure proposal it would have been retiring Senator Dayton. Instead, Dayton is incensed.

WASHINGTON (AP) - Minnesota Sen. Mark Dayton on Thursday strongly criticized fellow Democrat Russ Feingold's resolution to censure President Bush over a warrantless surveillance program.

"It's an overreaching step by someone who is grandstanding and running for president at the expense of his own party and his own country,'' Dayton said of Feingold, a Wisconsin senator and potential 2008 presidential candidate.

"I think it's a very dangerous territory for the democracy that we have in this country to be playing around with those kinds of resolutions, without any consultations from his colleagues. I think it was irresponsible.''

Although Feingold has gotten a tepid response from Democrats, none has publicly blasted the proposal the way Dayton did on Thursday. The assault was even more striking given that Dayton is one of Bush's harshest Senate critics.

Posted by: Todd Pearson at March 18, 2006 02:13 PM

I think Dayton about captures it. An alternative way of writing one of Mathew's paragraphs would be as follows:

Feingold is shameless; he has shown time and time again that he in in politics for his own ambitions, not carry the flag for the Democratic Party, and will therefore do whatever he thinks is right and likely to make him popular with various sections of the electorate. His vote to confirm John Roberts was an entirely cynical move to make him appear "reasonable" to mainstream America when voting against whoever Bush's nominee was, and the censure proposal is designed as a counterbalance to make the MoonbatOn.org crowd forget about that pesky (albeit meaningless) vote for Roberts, and to differentiate him from other 2008 candidates. Likewise, his vote to move the impeachment articles to the floor on Bill Clinton was an entirely cynical move to make him appear "reasonable" to mainstream America when voting against conviction. These are evidence of a man that has no problem with chasing votes even if it makes him unpopular with his party.
To be sure, the Democratic party could do worse than nominating Feingold, but that is hardly an endorsement. I mean, good God, Joe Biden is going to run, so the bottom of the barrel is clearly in sight. But compare Feingold to McCain: my problem with John McCain centers on the BCRA, and he co-sponsored that with Feingold, but McCain has redeeming virtues: he has demonstrated a consistent willingness to compromise, is trustworthy on the most important issues, and most importantly of all, is right on most of the issues. But Feingold posesses none of these qualities; like McCain, he was instrumental in pushing an unconstitutional piece of legislation, but where McCain is a compromiser, Feingold simply puts head down and charges; where McCain has supported the war, Feingold wants to declare unilateral surrender. He has consistently and repeatedly demonstrated poor judgement, lack of ability to compromise, and disagreeable policy choices. His saving grace appears to be that his iconoclasm is mistaken for bipartisanship, but that isn't entirely accurate: bipartisanship means putting country ahead of party, not career ahead of both. I don't think Feingold would make a good President, although in his defense, I suspect that if he is nominated, he will do a pretty impressive impression of Walter Mondale.

Posted by: Simon at March 20, 2006 08:45 AM

The wiretapping...It has not been shown to me that this has occurred in any instances other than those where the government has listened in on conversations where one of the speakers was outside the US.

if indeed the allegedly illegal wiretapping has been limited to such instances, I have no problem with it, since it occurs due to presuming suspicion of international calls, one end of which involves someone outside the country.

I do not presume to be constitutionally protected from such a practice, any more than I would expect to be protected from authorities listening to me speaking on the phone with, say, a gangtser whose phone the police had wiretapped using a warrant. In exclusively domestic circumstance authorities need a warrant only for the target of the suspected illegal activity. But I don't believe they need one to listen in on the conversation when the target of suspicion comes from a spot where the US constitution does not have legal force.

It's disappointing to me that so little of the coverage focuses on the specific details, and whether or not the specific actions are undeniably illegal (such as warrantly interception of exclusively domestic communications) or a matter of contention about the alleged illegality. My sense is that they are the latter, although I haven't followed it closely. It's also my sense that the reason Feingold is flying solo is that many democrats understand it's the latter and that pressing the issue will reveal this, and show that the public supports such interceptions under the cureently widespread "better safe than sorry" vibe.

Posted by: bk at March 20, 2006 09:03 AM
In exclusively domestic circumstance authorities need a warrant only for the target of the suspected illegal activity. But I don't believe they need one to listen in on the conversation when the target of suspicion comes from a spot where the US constitution does not have legal force.
I think Orin Kerr's analysis on this matter was right on target. The border search exception is surely satisfied in international telecommunications; see R. Iraola, Terrorism, the Border, and the Fourth Amendment , part IV; Almeida-Sanchez v. United States, 413 U.S. 266 (1973) ("[w]hatever the permissible scope of intrusiveness of a routine border search might be, searches of this kind may in certain circumstances take place not only at the border itself, but at its functional equivalents as well"); United States v. Ramsey, 431 U.S. 606 (1977) ("searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border . . . The border-search exception is grounded in the recognized right of the sovereign to control, subject to substantive limitations imposed by the Constitution, who and what may enter the country. It is clear that there is nothing in the rationale behind the border-search exception which suggests that the mode of entry will be critical"). Posted by: Simon at March 20, 2006 10:46 AM

Simon, I agree. I think intercepting international communications is legally kosher. My confusion is over whether or not all the interceptions that are being done and being challenged are in fact international in nature.

Like I said, I haven't paid close attention, expecting that if an exclusively domestic smoking gun instance had occurred, it would find its way on to my radar. But I've heard scuttlebutt.

Posted by: bk at March 20, 2006 11:41 AM
(Comments on this entry may be closed after 7 days to prevent spam)




Do you choose the politicians, or do they choose you? Find out how to put the people back in charge.

Declare Your Independence - Unity08.com

Archives


Recent Entries

July 2008
Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31    


Powered by
Movable Type 2.661