Senator Russ Feingold (D-Wisc.), forever known as the “Feingold” in the “McCain-Feingold” legislation limiting our 1st Amendment rights, recently called for a censure of the President. Essentially, Sen. Feingold wishes to rebuke President Bush for his domestic survellance of citizens of the United States who are communicating with known terrorists. From ABC News,
In an exclusive interview on “This Week with George Stephanopoulos,” Democratic Sen. Russ Feingold called on the Senate to publicly admonish President Bush for approving domestic wiretaps on American citizens without first seeking a legally required court order.
“This conduct is right in the strike zone of the concept of high crimes and misdemeanors,” said Feingold, D-Wis., a three-term senator and potential presidential contender.
He said Bush had, “openly and almost thumbing his nose at the American people,” continued the NSA domestic wiretap program.
Bush has long asserted that the so-called ‘warrantless wiretaps’ are an essential tool in the war on terror.
But in a copy of the censure resolution obtained by ABC News, Feingold asserts the president, “repeatedly misled the public prior to the public disclosure of the National Security Agency surveillance program by indicating his administration was relying on court orders to wiretap suspected terrorists inside the United States.”
Feingold cites three instances over a yearlong period in which Bush outlined the necessity of a court order or a judge’s permission prior to a domestic wiretap of a U.S. citizen.
What your humble pundit finds absurd about this proposition is the fact that Democrats and liberals such as Sen. Feingold want to straddle this issue with one of their feet on each side of the proverbial fence. It is utterly asinine for these individuals scream like banshees when their support for the war is called into question, yet at the same time they want to defang and confiscate most of the weapons we can use to fight this global war on terror.
As Michelle Malkin notes, the White House is responding,
“I think it does raise the question, how do you fight and win the war on terrorism?” McClellan said. “And if Democrats want to argue that we shouldn’t be listening to al Qaeda communications, it’s their right and we welcome the debate. We are a nation at war.”
As it has been noted many, many times, President Bush allows his adversaries to define his issues and his agenda. For the most part, Gulf War II and the many aspects of the War on Terror are no exception. It is of no surprise that shenanigans such as this are being bantered about, it is but a product of the President being reactive domestically. If the President were to use the same ’strategery’ of preemption here in the United States as he has invoked in fighting the animals of al Qaeda, then President Bush would not be faced with as much transparent barbs from political hacks.
The Moderate Voice, as always, provides a thorough round-up.
StoptheACLU weighs in with more.
The Strata-Sphere - “Grandstanding in the Silly Season”
The Real Ugly American,
Feingold huffed and puffed for some time but never actually mentioned any case law or precedent to back his position. Do you think he avoided that because he knows he is full of crap? If you haven’t read the transcript of the debate between civil rights attorney Glenn Greenwald and constitutional law professor Robert Turner then do it now. You will see a convincing argument that GWB did not violate the constitution.
Pineapple Juice - “Feingold: Censor Censure the President”
Don Surber,
The problem is were there “wiretaps of Americans”?
A wiretap is defined as either a bug put in someone’s room to eavesdrop on conversations or a device used to monitor communications.
So far, no one has complained that electronic bugs are are being placed anywhere.
And as for the second definition, if one is monitoring the communications of Osama bin Laden and Joe Blow calls him, that is not the same as monitoring Joe Blow.
Thus Feingold’s claim is false. There is no wiretapping of Americans. In fact, what Bush has authorized does not even trigger post-operation warrants under FISA.
Before anyone else gets too excited, this is not the first introduction of a censure bill (the ethically challenged John Conyers has tried this stunt, too). It’s worth pointing out again, though, to those Republicans and conservatives who might be contemplating staying home in November, what a non-stop orgy of this kind of stuff we would see under a Democratic-led Congress…

Sister Toldjah says the Dems may be overplaying their hand.
Suitably Flip,
Honestly, Senator Feingold, you’ve proven yourself enough of a left wing kook that we don’t strictly need you going off the deep end like this, in order to ensure no one takes you seriously.


















10:43 am
I find it sad that nothing similar to this measure has been implemented before. this President should not be tried in the Senate, but in the Hague.
11:02 am
the problem becomes, as i have said so many times before, when these wiretaps are used for something other than “terror” protection. for example, when they bust someone for possession of marijuana with intent to sell, and their evidence consists solely of wireless wiretaps, then there is a problem with the 4th amendment.
and some of you will say, “that won’t happen.” if you think it is not the job of the police officer to use “every tool available to them” you are drunk. if it is allowed in one arena, it will be used by every AGENCY that can. that is why they should be stopped.
11:09 am
LL Bean,
Maybe you could refer to some of these instances where EVERY agency has used ALL available means of picking up common drunks and potheads. Nice scare tactic, but in case you have noticed, we are, umm, fighting a new type of war, and we must adjust accordingly. It sounds like you cannot think outside the box or you are just pandering to partisan politics.
President Bush’s executive orders were precise, and did not allow ALL agencies to use ALL available tools.
11:18 am
I REJECT WAR!!
11:29 am
it fascinates me how easily you trust someone with so much power. police, especially local police who have their own personal agendas, will use any and everything to “get their man.” the fact that bush’s order was specific has no bearing …
let’s say they are investigating someone they think has terrorist ties. they hear that he has drugs in his house, from the wiretap. they raid his house and arrest him. they can get nothing to stick, sans the possession charges. knowing this, after 48 hours, his attorney presents the fact that the authorities cannot hold the defendant without a charge the DA then, as a means to keep this guy with alleged “terror” links from escaping, arrest him on possession charge on nothing more than the warrantless wiretap, just so they can hold him longer.
this would happen.
12:36 pm
Note to Russ Feingold: We Already Don’t Take You Seriously…
Honestly, Senator Feingold, you’ve proven yourself enough of a left wing kook that we don’t strictly need you going off the deep end like this, in order to ensure no one takes you seriously….
1:52 pm
Well, Mr. Bean, wait a second, I thought you were ranting and raving about how Bush was the one we needed to worry about! I could be mistaken, but your concerns seem to be consistently addressing local yocals abusing this power.
Difference, it has NOT happened, you can say all your wolda coulda shouldas like you keep referring to, but they have not happened. The all powerful Bush’s specific wording as prevented thsi from happening.
It smells of political whining when you just name all the things that could happen instead of being objective.
2:25 pm
Russ Finds Gold (In Calling For Presidential Censure) With Dems…
Wisconsin Senator Russ Feingold (d) is calling for a censure of President Bush over the NSA Wiretaps. The Lefties are delighting in the prospect of this proposal. Jay at Stop The ACLU has a better idea: censure Feingold:I think this…..
4:12 pm
Feingold Seeks to Censure President Bush…
If an NSA agent is listening in on Osama Bin Laden himself, and Bin Laden calls a citizen of the United States of America, should that NSA agent hang up the phone? …
5:41 pm
It doesn’t get any better than Jeff Goldstein…
My absolute favorite blogger in the blogosphere blogs about what he calls “the new American Liberal Left” in response to Senator Russ Feingold’s ‘let’s censure the President!’ stunt:
The making of a progressive he…