Big Russ.

With a tip-off from the Progressive Patriots Fund, I had the opportunity yesterday to catch Sen. Russ Feingold speak on the Patriot Act and the NSA wiretapping scandal over at Cardozo Law School. (Their pics are a lot better than mine — I forgot to charge my batteries, and thus only got in 2 or 3 shots before my camera died on me.) And how was he? Well, all-in-all, he came off as a convincing candidate for the election ahead, as well as an impressive, informed, and personable fellow. To be honest, I found his remarks a bit lawyerly (then again, he’s a lawyer speaking before a law school, so that’s not really a fair criticism), but, taken in full, he seemed a committeed progressive and a refreshingly candid leader, the type of dynamic, independent thinker the Senate should be teeming with, if the system came anywhere close to working these days.

The gist of Sen. Feingold’s remarks was thus: Al Qaeda is the central threat facing America and has been since 9/11. Yet, instead of bringing the nation together to eliminate this terrorist organization, the Dubya White House has chosen time and time again to endanger our national security and compromise our most fundamental American values for their own ideological or power-hoarding purposes. (Iraq, Guantanamo, extraordinary rendition, secret gulags, you name it.) Along those lines and as we now all know, the Patriot Act, which only Feingold voted against in 2001, contains some terrible provisions therein, the most notorious example affecting Middle America being Section 215 (which gives law enforcement, among other things, the right to see what you’ve been reading.)

Yet, as per the norm, Dubya has refused to admit that it’s even possible that something might be wrong with the Patriot Act now that it’s up for renewal — only that it’s necessary to defeat the evildoers and that any microscopic change in the statute could rend the fabric of freedom irreparably. (Despite this now-somewhat hoary ploy, Feingold and others have succeeded in blocking a permanent blanket extension for now, as y’all know if you’ve been visiting here lately.) And, of course, Dubya has taken this same tack of obfuscation and fear-mongering to cover up his brazen wiretapping power-grab — which, according to Congress’s own research arm, broke at least two laws and counting.

Again, this story is not news to many Dems out there, but Feingold laid it out in clear, comprehensible, and systematic fashion. (The only “breaking news” made was the Senator announcing this letter to Gonzales, asking him why he, in effect, lied to the Judiciary Committee during his confirmation hearings about the NSA wiretaps.) And he had some good lines throughout — In reply to Rove’s ridiculous claim that Dems were “pre-9/11”, Feingold quipped that the GOP suffered from a “pre-1776” mentality these days. (He also retold the recent Patrick Henry exchange.) To be honest, I’d liked to have heard more in this vein — In terms of breaking down the legislative legerdemain and legal issues at hand, Feingold was superb. But I thought the speech needed more narrative sweep and rhetorical grandeur, more explanation of why this battle matters so much to the workings of the republic. He doesn’t have to turn into Robert Byrd overnight. Still, I thought the remarks could have benefited from more dramatic heft and historical resonance: Jefferson, Madison, Adams, Lincoln, Wilson…they’re all relevant here. (Then again, as I said above, I was an historian sitting in a room full of lawyers, so I was a tougher sell than most.)

Along those lines, if there was a problem with this presentation, it’s that the Senator, while clearly outraged, at times seemed much less livid about all this than many in the audience, who occasionally sounded ready to hoist the black flag. (In fact, many will no doubt be happy to hear that Feingold was asked twice “why Democrats are so lame.” As he noted (and as the blogosphere can attest this week), if a crowd in New York City is this irate with the party, the Dems might be in serious trouble nationwide in November. Still, he also emphasized that the Democrats could be more effective fighters if they actually controlled a house of Congress — You can’t hold hearings if you’re in the minority.

In terms of other questions, Feingold said he supports and will take part in the very late-developing (and now already defunct) Alito filbuster (Roll Call.) In fact, he thought the Dems made a crucial mistake in capitulating to the original “Gang of 14” compromise, arguing cogently that Dems have seen nothing for it and may well have had the votes to win Catkiller‘s game of nuclear chicken. Since Casino Jack and lobbying reform seemed too big a subject to address competently in the time allotted, I asked him a question about his thoughts on the NYT decision to spike the NSA story for a year, his general view of the mass media’s performance in serving as a check on these types of executive abuses, and (’cause it seemed apropos) his thoughts on the burgeoning blogosphere’s role in all this. He didn’t really go after the Times decision, and said that, in terms of the recent Patriot Act debate, he thought the press had actually done an ok job. Regarding blogs, he called the Internet “a miracle for populist politics,” which was a good enough soundbite that everyone in my row dutifully wrote it down at the same time.

And, of course, Sen. Feingold was asked — a couple of times — whether or not he was running for President in 2008. Naturally, he played it coy — After all, we still have just under two years before the Iowa caucus. But, for what it’s worth, I was impressed by him — He’s not a first-class emoter like Edwards or Clinton, of course. Instead, he comes across as a highly intelligent, capable, and nuanced thinker, a la Bradley, Kerry, or Gore on his better days. But unlike those three, he also seemed much more comfortable in his own skin, more naturally himself at the podium, and — most importantly — more content to play the maverick if his lefty principles dictate thus. (Although, as I said, I’d like to see him tone down the lawyer-ese and rev up more Wellstone-ish fire if he does make a White House run.) I suppose there’s a small, bordering-on-infinitesimal chance that Rodham Clinton, Biden, Warner, or someone else might drop all the “New Democrat” protective camouflage this time around and begin loudly and undefensively proclaiming progressive principles to the Heavens. But, until that unlikely event, my candidate in the 2008 Democratic primary is Senator Russ Feingold of Wisconsin. (Update: 1776 link via Medley.)

“The Power-Madness of King George.”

“This extremity of Bush’s position emerges most clearly in a 42-page document issued by the Department of Justice last week. As Andrew Cohen, a CBS legal analyst, wrote in an online commentary, ‘The first time you read the “White Paper,” you feel like it is describing a foreign country guided by an unfamiliar constitution.’ To develop this observation a bit further, the nation implied by the document would be an elective dictatorship, governed not by three counterpoised branches of government but by a secretive, possibly benign, awesomely powerful king.” As Dubya embarks on another weeklong campaign of fear and distortion (as per standard Rovian operating procedure), Slate‘s Jacob Weisberg gapes at the audacity of Bush’s brazenly unconstitutional ploy for power. “[I]n his white paper, Bush as much as declares: ‘I determine what my words mean and I alone determine what yours mean, too.’…Bush’s message to the courts, like his message to Congress, is: Make way, subjects.

In related news, Senate opposition to the Patriot Act — All the Dems and only four measly Republicans — seems to be holding firm for now, meaning that the old, unrevised version will remain in effect for the time being. Of course, if King George actually possessed the powers he’s arrogantly allocated to himself of late, there would be no need for a Senate vote on the Patriot Act at all. Hopefully, Arlen Specter understands the danger in these breathtaking assertions of unconstitutional power by Dubya, and will make his forthcoming Senate Judiciary hearings count for something. After all, given this administration’s blatant power grab, it’s no longer hyperbole to say that our republic is at stake.

Uncle Sam, or Big Brother?

“Judge Alito’s record and his testimony have led me to conclude that his impulse to defer to the executive branch would make him a dangerous addition to the Supreme Court at a time when cases involving executive overreaching in the name of fighting terrorism are likely to be such an important part of the Court’s work.” Although the Senate Judiciary Dems (including Feingold) lined up against him, Sam Alito made it out of committee on a 10-8 party-line vote. Now, with his nomination before the full Senate, and with Nebraska Dem Ben Nelson joining the GOP majority, it seems, unfortunately, that the “worst nightmare of liberal democrats” will come to pass, and Alito will join the Roberts court. (For what it’s worth, Nelson wasn’t alone in his apostasy: Santorum challenger Bob Casey also came out for the judge.) Well, let’s hope Justice Alito takes a less forgiving look at executive encroachment than has Judge Alito. (Casey link via Medley.) Update: While the NYT says filibuster, Dems Robert Byrd and Tim Johnson back Alito. (Of course, if the NYT hadn’t sat on the NSA story for a year, perhaps we could have nipped Alito in the bud back in November 2004.)

Rove: Feel the Fear.

“The curtain got pulled aside, and there’s not even a wizard behind it…these people are incompetent.” As you probably heard, Karl Rove emerged from hiding to offer his blueprint for Republican resurgence in 2006. Yep, you guessed it: terror, terror, terror, 9/11, 9/11, 9/11, garnished with a smattering of tax cuts. But, to their credit, it sounds like Dems are relishing this coming fight, with Intelligence Committee Dem Jane Harman pushing back once more on the illegal wiretaps, and, in keeping with the recent trend of presidential also-rans finding their voice, John Kerry taking off the gloves on the Sunday shows. “Osama bin Laden is going to die of kidney failure before he’s killed by Karl Rove and his crowd.

The Kennedy Era.

“While it’s true that O’Connor has tended to vote with the majority more frequently than Kennedy, and that she has done so in some big 5-4 decisions, it’s also true that in other extremely contentious areas, it is Kennedy, not O’Connor, who has swung the court leftward.” As Dem begin to announce their no votes for Alito (while downplaying the likelihood of a filibuster), Dahlia Lithwick — who is concerned about Alito’s judgment in the relatively precedent-less world of anti-terror-law — gives us hope for the Court’s future in highlighting Anthony Kennedy as the new swing vote. (Clearly, the psycho-right despises him, which speaks well of his jurisprudence in my book.)

He has refused his assent to laws.

“It appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here,’ the authors of the CRS report wrote. The administration’s legal justification ‘does not seem to be…well-grounded.'” A 44-page nonpartisan report by the Congressional Research Service finds Dubya’s dubious reliance on presidential prerogative to explain away the NSA wiretaps doesn’t hold up.

Repeated Injuries and Usurpations.

With most of their arguments already rendered false or nonsensical, “Big Time” Dick Cheney invokes an old standby to justify the illegal NSA wiretaps (which, it turns out, may have begun before White House authorization): 9/11, 9/11, 9/11. And, also in the King George department, Dubya in effect announces he’ll bypass the new torture ban whenever he feels like it. Says one legal expert: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’” (Media Matters link via Looka.) Update: The FISA court judges want answers, and a possible NSA whistleblower steps up.

The I-Word.

“‘The fact is, the federal law is perfectly clear,’ Turley says. ‘At the heart of this [NSA wiretap] operation was a federal crime. The president has already conceded that he personally ordered that crime and renewed that order at least 30 times. This would clearly satisfy the standard of high crimes and misdemeanors for the purpose of an impeachment.'” Salon‘s Michelle Goldberg assesses the current political temperature for Dubya’s impeachment. “‘For Republicans to suggest that this is not a legitimate question of federal crimes makes a mockery of their position during the Clinton period. For Republicans, this is the ultimate test of principle.‘” Update: Slate‘s Dahlia Lithwick also muses on Dubya’s distaste for the rule of law.

Luttig Livid.

Passed over thrice for a Dubya high court nomination, conservative appeals court judge J. Michael Luttig today got the chance to exercise his wrath upon the administration in a decision regarding Jose Padilla, and for good reason. “The appeals court opinion reflected a tone of anger that is rare for a federal court addressing the United States government…Luttig said the government’s actions created the appearance ‘that the government may be attempting to avoid’ Supreme Court review in a matter of ‘especial national importance.’ He also suggested that the government’s actions in the Padilla case may possibly have had negative consequences for ‘the public perception of the war on terror’ and ‘also for the government’s credibility before the courts in litigation ancillary to that war.‘”

Judge of Conscience.

“What I’ve heard some of the judges say is they feel they’ve participated in a Potemkin court.” Allegedly in protest over Dubya’s illegal use of wiretaps, US District Judge James Robertson resigns from the Foreign Intelligence Surveillance Court (or FISA court.) Meanwhile, the NYT reports that, despite what the administration is saying, some purely domestic calls were overheard via Dubya’s warrantless wiretaps.