Shame on us, in being so far behind and being so willing to rubber-stamp anything this Administration does. The Republican-controlled Congress refuses to ask questions, and so we have to pick up the paper to find out what is going on. We ought to fold our tents and steal away.
--Senator Patrick Leahy, responding to a May 11, 2006, USA Today article detailing the NSA's secret database tracking "tens of millions of Americans" in coordination with several telecommunications companies
If you believe the papers, Congressional Democrats have spent the better part of the past seven years vacillating between shock and outrage. They are thunderstruck by every White House scandal, stunned to discover another lie from the Bush Administration and positively livid each time they realize Bush is negotiating in bad faith. That is, of course, until they cave again. The Democrats' current rush to pass the President's intelligence bill repeats this sorry pattern.
After roughly three years of outrage over illegal domestic spying--complete with roars of "Shame on us!"--Democrats are now pushing legislation to validate more warrantless surveillance of American citizens. The same bill would also immunize any companies that assisted in illegal surveillance, squashing vital lawsuits that could provide the first public accountability for warrantless spying.
So much for all that outrage. On the campaign trail, Democrats may run hard against Bush's assault on the rule of law. In Washington, however, too many of them just run from security fights with Bush.
The notable exception is Senator Chris Dodd, who announced that he will put a hold on any surveillance legislation that immunizes the telecommunications companies for participating in domestic spying "with apparent total disregard for their responsibility to protect the privacy rights of customers." Beltway commentators swiftly derided Dodd's move as political, since his presidential campaign is courting primary voters and netroots activists, two constituencies that value constitutional rights. And yes, fighting retroactive immunity for criminals is popular: Dodd's campaign website traffic spiked tenfold after the announcement. But Dodd, a Senate veteran of twenty-six years, has longstanding and impeccable credentials in this area. He has led the battle to defend constitutional rights for years, fighting the Administration's torture and detention policies, and he wrote a book about protecting rights during wartime, drawing on his father's service as a prosecutor at Nuremberg.
Dodd's aggressive move also pushes the intelligence fight into the thicket of Senate rules. Holds are generally honored by the majority leader, preventing legislation from a floor vote, but their authority officially derives from a senator's power to filibuster. "Implicit in a request for a hold is the ability of a Senator to use parliamentary tools to filibuster or to delay consideration of the nomination or legislation at issue," explains a report from the Congressional Research Service, an arm of the Library of Congress.
Dodd is not known for radical procedural maneuvers or filibustering. He vocally opposed last year's unconstitutional Military Commissions Act, for example, but accepted pleas from Democratic leaders not to filibuster it. Last October, Dodd said he regretted that decision.
Now, facing a recalcitrant and secretive Administration, Dodd says he will not make that mistake again. "I rarely put holds on things. I can't remember the last time I ever did. I'm not in the habit of filibustering," he said. "There has been this constant drumbeat of erosion of constitutional rights, under the false dichotomy that we have to make a choice, as a people, [that] to be more secure we have to give up rights. And I fundamentally disagree with that concept.... The accumulation of it is stunning to me. And candidly I'm a little disappointed that the Democrats would agree to this [surveillance bill]," Dodd explained during a Friday meeting with the Nashua Telegraph editorial board. (Video here.)
The hold rankles Democratic Congressional leaders, who had planned to let their colleagues speak out against parts of the surveillance bill and then shuttle it to the President's desk. Sound familiar?
Yes, it is the "Rage and Cave" strategy, which drove the party's most prominent clashes with President Bush, from the Military Commissions Act to the Detainee Treatment Act to the August surveillance bill to judicial nominations to, well, most Iraq legislation.
In 2004, Democrats suffered for John Kerry's claim that he voted for a bill before he voted against it. But Democratic candidates are headed for a similar vulnerability in 2008, having opposed the very bills their Congress rushed into law. All the Democratic presidential candidates opposed the six-month surveillance bill in August, for example. And they are all expected to oppose immunity for telecommunications companies that broke federal law.
In fact, the only distinction among the candidates on this issue boils down to leadership. Dodd is moving beyond rhetoric and floor votes and leading the fight by summoning the full power of his office. President Bush has governed by pushing executive power past its breaking point; it should be no surprise that one of his potential replacements is finally wielding the full constitutional power of a coequal branch of government. Democrats would be wise to back their Senate colleague in his battle to defend the rule of law, the Fourth Amendment and tough accountability for criminal misconduct. Or they could back down quietly and wait for the next outrage.
--------
Ari Melber writes for The Nation, where this column first appeared. Check out The Nation's Campaign Blog for more news and commentary.
Follow Ari Melber on Twitter: www.twitter.com/AriMelber
HR 3835 The American Freedom Agenda Act introduced by Dr. Ron Paul
Thank you for your representative government Senator!
"Democrats would be wise to back their Senate colleague in his battle to defend the rule of law, the Fourth Amendment and tough accountability for criminal misconduct"
If only they were wise.
Unfortunately, when I think of the spineless worms who inhabit our halls of Congress today, well, wisdom is not the first description that comes to mind. In fact, it's not even up in the running.
Bravo to Dodd.
Will his sudden success catch the attention of his colleagues?
Let's hope so.
But whether that means they open their eyes to their own weakness, well, that's another story altogether.
Because try as I might, I just can't imagine them suddenly gaining any wisdom.
They've proven themselves to be dupes far too often for that.
We also need some some way to hold those who we send to represent us accountable when they sell us out, as all to many of the good Senator's colleagues have.
Drop dead, Hillary! We don't need traitors like you.
I am still undecided, but I contributed to Dodd out of sheer relief that some finally is acting.
I hope he really follows through.
These commentators seem to have missed their real calling: Singing the praises of Vladimir Putin or other despot. What a shame our capital is crawling with these vermin, to whom "constitutional rights" is just another annoying liberal idea, like global warming or impeachment.
Democratic pols may “Rant and Cave” but it seems both MSM and progressive media have a parallel “Rant and Ignore” process here. Ignoring this story sends an unfortunate message to those like Sen. Dodd who actually put their political capital where their mouth is.
The Republican war for fun and profit crew maintained total control of Congress.
We won't get fooled again.
The most important thing we can do in the next election is to take away the gavels from Pelosi and Reid.
And it would be an added benefit if we could also force them to visit hospitals in Iraq and look at what they are spending OUR money on.
What if 50% or more of us decided to just stop giving our money to Congress to waste?
Would their private armies like Blackwater fight for them if they weren't getting paid?
Dodd the Lionhearted!
I think that man has got my vote.
Do you like big government and big spending? The Democrats--and Republicans!--are for you. Do you hate civil liberties? The Republicans--and Democrats!--are for you. Do you like warmongering and military intervention abroad? Well, then, the
Republicans--and Democrats!--are for you.
That said, my hearty support for Chris Dodd and his efforts against the bought-and-paid-for telecom Senators (Jay Rockefeller et al.).
On a scale of evil from 1 to 100, the Republicscum rate 86. The Democrats rate about 20.
Stop repeating the NeoCon talking points.
The Democrats are pathetically doing exactly the same NOTHING as in 1994, when they controlled the entire government and couldn't pass decent health care reform. Then Newt took over.
Bottom line: why should I vote for Democrats who do the Republican dirty work?
I read Senator Dodd's column the other day and I was so proud of him.
I really wasn't decided on who I wanted to back for President yet. I had been a supporter of Obama's for the longest time, and had hoped that Feingold would run. I was impressed what Dodd said at the debates when he got to speak that is, and I saw him on Jon Stewart I think and was impressed again. I really hadn't known anything about him.
Its funny how the people we think we like, are sure we will support become the ones we feel a little "iffy" over. I love Obama, but there is something underlying that I can't put my finger on that is disturbing me and has for awhile. Hillary, well a lot disturbs me though I am not of the opinion she is this mad dog corrupt devil woman... but her positions are a little disturbing for me. Though I do have to give her credit in how she handled herself and her campaign, and her absolute focused toughness. Something I think we need in a leader.
Still.
Edwards had been my big hope in the beginning but his criticisms and attacks come off as petulant and somewhat childish. Biden... I love Joe . I like his passion, his toughness. Maybe Biden and Dodd would be a good team, or maybe Biden would be a good Secretary of State.
Anyway, it seems as if my allegience has now shifted to Chris Dodd, who would have thought with such a varried field for a change I'd be supporting the old white guy.
How the hell did that happen.
I wish everyone would flood the damn pundits demanding more Dodd. They just about ignore him with their constant harping on Hillary and why isn't Obama attacking her, and it looks like a race between Ghouliani and Hillary ad nausum.
I've emailed a couple of times voicing my displeasure at the way the media is actually forcing the candidates they are choosing down our throats.
ugh.
I don't know why supporting the Constitution is anathema to Congressional Democrats. I think that position is a winner. Might even raise their approval rating above 11 percent. And might revive Obama's campaign.
HR Bill 3835, The American Freedom Agenda Act, introduced by Dr. Ron Paul
CALL AND WRITE YOUR REPRESENTATIVES AND GET THIS BILL PASSED!