The Lone Patriot, Russ Feingold

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The Lone Patriot, Russ Feingold

Sun, 19 Feb 2006 14:18:17 -0800

 

 

 

Robert Kuttner | The Lone Patriot, Russ Feingold

http://www.truthout.org/docs_2006/021906E.shtml

 

The Patriot Act is about to be extended, with only what Robert Kuttner

describes as the most trivial attempts to placate Congress. And guess

who is all alone, yet again? Senator Russ Feingold.

 

 

 

 

http://www.truthout.org/docs_2006/021906E.shtml

 

 

 

The Lone Patriot

By Robert Kuttner

The Boston Globe

 

Saturday 18 February 18, 2006

 

The other day, editors of the American Prospect interviewed the

Senate Democratic leader, Harry Reid. I pressed Reid about the

difficulty that Democrats were having mounting a unified opposition to

President Bush, even on issues such as the badly bungled Medicare

prescription drug program.

 

Reid did not respond directly on privatized Medicare drugs, where

his caucus is divided. Instead, the minority leader invoked the

bravery of Senator Russ Feingold of Wisconsin.

 

Reid said, " An example of how people really appreciate your

standing up for what you believe is Russ Feingold, the only person [in

the Senate] to vote against the Patriot Act - the only person. The

Republicans in 2004 spent tons of money going after him on that one

issue, and it didn't matter because people believed that Russ Feingold

did it because he thought it was the right thing to do. " Indeed, last

year, when John Kerry carried Wisconsin by a bare 12,000 votes,

Feingold sailed to reelection by more than 330,000 votes. " I so admire

Russ Feingold, " Reid added.

 

The vote for the so-called Patriot Act, giving the executive

branch unprecedented investigative powers to override traditional

liberties, came in the hysterical wake of 9/11. Congress at least had

the wit to insist that the act be reviewed after five years.

 

Now, the Patriot Act is about to be extended, with only the most

trivial sops to civil liberties. And guess who is all alone, yet again?

 

Senator Russ Feingold.

 

When Democrats agreed to support an extension making only

superficial changes, Feingold vowed to filibuster. On Thursday, the

Senate voted to end debate. Exactly two other senators voted with

Feingold. One was octogenarian Robert Byrd of West Virginia, who

carries a copy of the Constitution around in his pocket. The other was

the flinty former Republican Jim Jeffords of Vermont, the Senate's

lone independent.

 

Reid, who so admires Feingold's courage, left Feingold all alone

yet again.

 

The Patriot Act is a long-standing wish list on the part of

prosecutors and spymasters who would sacrifice liberties to needless

short-cuts: warrantless wiretaps; " sneak and peak " searches where the

target doesn't learn of the search; gag orders on recipients who are

compelled to produce confidential medical and business records;

fishing expeditions in libraries; and more mischief that violates the

intent of the Fourth Amendment prohibition against unreasonable

searches and seizures, making Americans less free but no more secure

against terrorist attack.

 

But think of all we've learned since 9/11. For starters, we

learned that 9/11 happened mainly because the administration was

otherwise engaged. As the testimony of Richard Clarke and others made

clear, the administration was obsessed with Iraq, and spent Bush's

first nine months ignoring escalating warnings of an imminent Al Qaeda

attack. Having the Patriot Act on the books pre-9/11 wouldn't have

helped, given the administration's failure to connect dots that were

known under existing surveillance law.

 

Most pointedly, we've learned that Bush feels free to disregard

what Congress permits. The original Foreign Intelligence Surveillance

Act of 1978 gave the government expansive surveillance powers for

national security purposes, but retained higher standards of procedure

and proof for intelligence data used in prosecutions.

 

The Patriot Act blew a big hole in those protections. But even so,

President Bush, in declaring that he can do whatever he wishes as

commander in chief, including secret and illegal taps of Americans,

doesn't feel constrained by either act. Presumably this war power

could also include mass round-ups, permanent detentions, summary

executions, anything at all.

 

What better moment to reign in Bush's extra-constitutional

power-grab than when the Patriot Act is up for review? But, no. That

might seem " un-Patriotic " (get it?). As Feingold declared, " If

Democrats aren't going to stand up to an executive who disdains the

other branches of government and doesn't worry about trampling on the

rights of innocent Americans, what do we stand for? "

 

Good question. As Harry Reid correctly observes, Bush can wave the

bloody shirt of 9/11 all he wants; voters don't punish legislators

such as Feingold who stand up for principle. One such principle,

surely, is that this nation must remain a constitutional democracy.

That notion is also good politics. It has been since 1789.

 

Feingold's courage needs to be honored, not by celebrating him as

a brave loner, but by following his leadership. Legislators of both

parties need to preserve our liberties, despite ominous claims of

permanent war and unchecked power. If not, God save the Republic.

 

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Robert Kuttner is co-editor of The American Prospect. His column

appears regularly in the Globe.

 

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