http://www.thenation.com/doc/20060410/nicholsCensoring Censure
by JOHN NICHOLS
Unfortunately, the group of Americans that mattered most in the immediate aftermath of Feingold's announcement, his Democratic colleagues, displayed little enthusiasm for a fight. No one doubts that most, if not all, Senate Democrats share John Kerry's tepid but true "I think he broke the law" statement. This was Kerry's assessment of the President's refusal to follow the guidelines of the Foreign Intelligence Surveillance Act, which requires a warrant for domestic wiretaps, when he directed the National Security Agency to begin listening in on the phone conversations of Americans without required judicial oversight. Yet only Iowa's Tom Harkin and California's Barbara Boxer expressed support for Feingold's censure motion before senators exited Washington for spring break. While Rhode Island Republican Lincoln Chafee hailed Feingold's motion as a "positive" vehicle for promoting debate about constitutional concerns, the majority of Democratic senators, some of them stung by the fact that the maverick Feingold had not consulted them but most merely as cautious as ever, either refused to comment or expressed a preference, as did Connecticut's Joe Lieberman, for working with Republicans to construct cover for the Administration's lawbreaking by rewriting rules regarding surveillance programs.
The line that has been peddled quietly by a number of the senators, and somewhat more loudly by pundits--when they aren't crudely claiming Feingold raised censure only to distinguish himself as a 2008 presidential candidate--is that this is the wrong time for Congressional Democrats to develop a spine. With Bush's poll ratings sliding to record lows, and with indications that Americans are ready for change, Democratic insiders are afraid to do anything that might upset their chances in November. The fear is that being "too tough" on Bush--by, say, demanding that the Administration obey the law--will make Democrats appear shrill and cost the party's candidates votes this fall.
Apart from the fact that White House political czar Karl Rove's spin machine will label Democrats "shrill," not to mention "unpatriotic," simply for suggesting that voters shift control of the House and Senate from the President's party, the rejection of censure--a more moderate rebuke than the articles of impeachment that a growing number of Bush critics on the left and right, including Bruce Fein, an associate deputy attorney general in the Reagan Administration, suggest are appropriate--put the Democrats right back in the corner of overly calculated caution where they positioned themselves for the miserable 2002 and 2004 election cycles.
The opposition party that too rarely opposes appears to stand for nothing. There does not seem to be any principle, not even respect for the rule of law, that motivates most Democrats. As such, they come off as the party that will compromise on anything and everything in order to win elections. In so doing, cynical Democrats create another undeserved opening for Republicans who have argued, time and again and with considerable success, that Bush, Cheney and their Congressional allies may not always get things right but at least they operate from a place of conviction.