Dems Disappoint
When the Supreme Court ruled against permanent incarceration without legal process, I crankily warned that the Democrats would miss the political point: namely, that the R's would create a pro-terrorism, anti-due process bill and force a vote on it in the fall. A number of, ahem, commenters asserted oh no the wicked witch had been killed by the Supreme Court, etc., and that we had no more reason to fear an assault on liberty. I urged that the D's introduce legislation that mandated immediate trials, and that they insist that in the absence of trials the Administration couldn't get to the truth and couldn't adequately mete out punishment where deserved, and so was losing the war on terror. Oh no, we wouldn't want to do that, because we are the party of protecting rights, even of the accused. But I didn't want us to derogate rights; only to gain the high ground on the issue of captured suspects and judicial process.
So Congressional D's did nothing. They even trusted the alleged dissent among the R's over the definition of terrorism -- as if that were the key issue, when the process of granting or denying rights was massively more important than the definition of a term that is no less amorphous than pornography. But the R's cooked up their faux debate for public consumption; there was never any chance that they would fail to present for vote an obnoxious bill that generally supports the invasion of rights by the state whenever the executive branch feels like it. Now the D's are caught flat-footed, and the Netroots weren't on the ball. In my cranky view. This awful legislation will pass without much attention being paid. The Bill of Rights will be saved only if a Democratic Congress is returned and becomes proactive in defense of liberty (which is unlikely) or the next President decides to restore the Constitution in practice, notwithstanding the legislative permission not to bother with that old document, or the Supreme Court again steps up to save the liberties our forefathers fought for.
The Congressional process is so opaque and fraudulent that any bill in today's system is likely to be a carrier of various legislative diseases to the body politic. In the absence of more effective publicity about the reality of the content of any bill, which the Net should provide and doesn't yet do that good a job at (Balkinization to the contrary; and a few others), the assumption must be that the group now controlling Congress can do harm with any measure, whether about bankruptcy or health care, security or defense spending. Nothing the control group launches can be amended or compromised to any useful effect. See Ornstein & Mann, The Broken Branch. What matters is not working with their initiatives or trying to block them, but trumping them with different bills, measures, and causes. At the highest level, the Good Guys always have to be pushing something, not just resisting, in order to gain rhetorical advantage and to have impact on the outcome.
No matter what happens this November, the key lesson is to have initiatives. As Napoleon said, "L'attaque d'avantage." I think that's the quote, Netters, check it out.
Meanwhile, I return to defending my book "In China's Shadow" from scurrilous allegations that it is centrist and that China doesn't matter -- two truly bizarre contentions that must stem either from my failure to communicate or the triumph of preconceptions over text.


So Congressional D's did nothing.
They were too preoccupied with the potential negative impact on their polling numbers to be bothered to do anything.
September 27, 2006 8:55 AM | Reply | Permalink
I have called both of my Senators, and my Congresswoman, and told them I will actively support their opponents in future elections if they vote in favor of this bill, or fail to act decisively to stop its passage.
We only need to delay it until the weekend, for crying out loud.
September 27, 2006 9:09 AM | Reply | Permalink
Absolutely right. And isn't this exactly, exactly the same situation they faced in 2002? Giving the Bushies carte blanche on Iraq, hoping that the electoral fray would then move to "their issues." Instead, they found themselves having no standing on any issue since they had caved in on the most important one. Bizarrely, they expect that after a major victory for the Bush administration the Republicans would then move on to the discussion of health care and Katrina reconstruction.
It's amazing to me that they would do this again. Amazing. Biden, Obama, Clinton, Reid, the whole lot. Amazing.
Not that repetition helps me to make sense of it. Sorry.
September 27, 2006 9:36 AM | Reply | Permalink
I've been writing shorter versions of your post in comments elsewhere for awhile now; this episode has been a shameful illustration of moral and political stupidity and cowardice. My one hope is the Dems' sudden realization, thanks to Bill Clinton, of the power of righteous anger, and the serendipitous illustration of the fact that two can play Rove's "go at their strength" game. Maybe, just maybe, those lessons can be transferred back to the Senate in time to stop McCave and company's vile "compromise" before the session ends. If we push.
September 27, 2006 9:39 AM | Reply | Permalink
If we had a true multi-party system, then maybe America could get a few leaders in office that care more about Country than Party. The two party system belongs in a museum, not in the halls of congress.
September 27, 2006 9:43 AM | Reply | Permalink
When you reorganize jerks from two parties to many parties, the improvements do not have to be marked. Although the results are more amusing, as party solidarity does not cover an entire ruling coalition, so the guys in power trade insults on each other, Which could be helpful in the situation we are now.
September 27, 2006 9:48 AM | Reply | Permalink
What's the point of supporting Democrats if their prime concern is not even getting power but simply retaining their own seat? The system has falling prey to a problem that arises in genetic algorithms. You first specify a fitness function and the program then evolves to maximize that function. But if the function isn't specified carefully then you can get unexpected results. In politics the fitness function - or desired outcome - is, supposedly, the public good. But the way that the system operates in practice is that the actual fitness function is electability and personal gain.
If the Dems do gain control of the House in November fat lot of good it will do considering the spineless bunch of wimps the Democratic party has become.
September 27, 2006 10:07 AM | Reply | Permalink
Having the jerks spread out among many parties is probably a better way to go. The parliamentary system and proportional representation makes for much more interesting sessions. Having more interesting legislative sessions may be intriguing enough for people to watch CSPAN. Plus proportional representation gives some voice to minority parties, like the Greens.
While the bicameral legislative branch of government was probably a mistake, there's nothing we can do about it now. The left is stuck with the DNC and the right with the RNC.
September 27, 2006 10:42 AM | Reply | Permalink
In what way did the Democrats disappoint you? Has it not been apparent that being elected is the thing and only little else matters to most? Principle be damned.
Rejoice in those who demur rather than those who follow. Eventually such folk can make a difference.
I am most disappointed in John McCain. I doubt - but don't fully deny - your scenario of a bit of kabuki theater.
Good on you, my friend, to point out the failings of the D's.
Best, Terry
September 27, 2006 10:56 AM | Reply | Permalink
It seems so obvious to me that if the Dems could align against the torture bill, they'd take at least some of the wind out of McCain's sails. His cover is key for the administration and any who vote for the bill. If Dems forcefully united in opposition, it would be harder for McCain to look like a moral reformer on this issue. If even a small portion of dems vote for, they're strengthening McCain's '08 cadidacy.
I live in Illinois and have contacted my senators repeatedly. Durbin spoke out, but Obama . . .
September 27, 2006 11:02 AM | Reply | Permalink
Reed,
Excellent foresight and strategy. I don't think we should devolve this discussion by moaning and pissing on "the dems". This is counter-productive. It seems pretty apparent that there are dems who are actively working on this bill, but doing so in a fashion that makes it hard to become a media target. I think that is appropriate in this hostile media climate.
However there is more that can still be done to defeat this bill.
To TPMCafe readers: Please contact the good Senators from Maine to register your opposition:
Call Olympia Snowe
Mailing Address:
154 Russell Senate Office Building
Washington, DC 20510
Phone: (202) 224-5344
Call Susan Collins
DC Office Information
461 Dirksen Senate Office Building
Washington, DC 20510
Phone: (202) 224-2523
September 27, 2006 11:32 AM | Reply | Permalink
John McCain sold what was left of his soul long ago. I'm just surprised that it wasn't apparent to everyone after he chose to stay silent when Bush attached one of his "never mind" signing statements to his vaunted torture amendment last year. The only reason people still think he's a noble independent is that, as he himself has said, his biggest constituency is the media. Give'em access and the appearance of spontenaeity and they'll eat out of your hand. He wants to be president, and he'll do whatever he thinks he needs to to get there, damn the principle.
My favorite talk-radio guy has taken to calling him John McCave; pretty accurate, and pretty catchy.
September 27, 2006 11:43 AM | Reply | Permalink
This is indeed a horrible bill. I simply can't understand why I should support a party that can't even marshall a filibuster against a bill that grants the President the right to label *anyone* an enemy combatant, strip them of any rights, torture them, and throw them into prison until the end of time.
Of course, the Republicans are worse (they *wrote* this bill), but if the D's can't even marshall a filibuster, nay, even a couple of good speaches condemning it from the party leadership, then indeed the Dems are truly a dead party.
September 27, 2006 12:04 PM | Reply | Permalink
The two twins from Maine will cave--I am willing to bet on it. They always do.
I will call, nevertheless, but am not holding my breath. They have both survived by sitting on the fence and joining in after the fact is secure.
September 27, 2006 3:14 PM | Reply | Permalink
The Democrats have been out of power for so long they're afraid to lose any handhold they have. It is important to vote for them, nevertheless, to balance the Republicans who have lived up to Lord Acton's maxim: "Power corrupts; absolute power corrupts absolutely." Sure the Democrats are scared, timid, afraid to speak out. So what? Does our analysis of it help the situation? Republicans lie. They continue to lie. The Republicans (and that includes Lieberman) tell lies so they can stay in power. Why is everyone so surprised by this, so astonished, so affronted by it? If you expect them to lie, and anticipate it, as opposed to being blindsided by it, as Kerry was by the swiftboating, then you will perpetually be the victim. And the Democrats have a long history of being aggrieved, of being the victims. Continue along that path, and once again you'll be a victim. As Morris Dees discovered, when you fight back, hit them hard, sue them where it hurts, make them pay dearly for each lie, then you will not be blindsided any more.
Second, it seems to me that the Democrats have been playing the victim, as in "Poor me!", for much too long. First, they let the Republicans mount an attack on them and their positions. Then they act surprised at the "bad" Republicans for doing this. Then they protest, calling what the Republicans do "despicable" or "dirty tricks" or "untrue". All of which only makes the Democrats look even more like victims. And so they dig their own fate. I also sense that, when they do this and ring their hands, they are hoping the Republicans will receive their comeuppance from some mysterious force, and that they will self-destruct of their own accord. Act like a victim, end up like one. So go out and vote for a Democrat, no matter how weak, get your friends to vote Democratically, and act to help others do the same.
September 27, 2006 4:32 PM | Reply | Permalink
McCain, or McCave (I like that) has been a Senator for too long. I believe it addles the brain; ditto for Lieberman. You have to make so many compromises, you have to appease so many diverse contributors, that after a while you gravitate to the easy course of hoping you don't offend anyone by not really taking a position on anything. Oh, you may appear to do so; but not really. So let's get rid of them now. So go out and vote for a Democrat, no matter how weak, get your friends to vote Democratically, and act to help others do the same. The long term Democratic Senators will have addled brains before long, but at least for the short term they will represent something newer and cleaner in Washington.
September 27, 2006 4:40 PM | Reply | Permalink
Think, really think, about the alternative. Sure the Democrats are spineless and whimpy. But what you're proposing, not voting for them is playing the victim, and that seems to be the role they’ve assigned for yourselves. When you get over it, and strike back to reclaim the electorate by asking the hard questions and not dumbing down statements like “Bush lied today”, or “Bush made wildly conflicting statements today” or “Bush didn’t answer the question he was asked.” When this begins to happen, when influential people say, Stop the madness, they won’t be victims any more. So if you help Republicans in any way, by not voting or by not persuading your friends and family to vote, by not contributing to the Democrats, you'll be helping to promote a draft, long term war, destruction of this country as we know it, among other things too stupid to mention. So make sure the Democrats win this time around, and don't jawbone about it or prevaricate or think about how inept or stupid they are, just vote for them. Right now the Democrats are the only force that will balance off the Republican's march to a totalitarian state; they may become corrupt but it'll take some time for that to happen.
September 27, 2006 4:44 PM | Reply | Permalink
Is there any evidence that the Republicans assault on the Consitution has broad and deep support among the public?
Ron Byers
September 27, 2006 5:18 PM | Reply | Permalink
Yes, it does have broad and deep support. Americans are certain that a Moslem will explode himself in each of our bedrooms any day now, so we have to fight them over there so we don't each of us have to fight them over here. We also know that Moslems are all evul. They all hate us and our lifestyles. We know that the next terrorist attack is likely to be City Hall in Podunk during the girl scout awards. We can thank the free press for informing us so well that we all know these things.
Hoppy in Sacramento
September 27, 2006 6:25 PM | Reply | Permalink
Seriously,
I don't talk to many people willing to surrender the constitution to the terrorists. Of course, I don't talk to many New Yorkers or beltway professionals. Those of us in "fly over country" remember Oklahoma City, a case of terrorism where we didn't surrender our rights.
Seriously, are all the professional Democrats just assuming the smart play is to surrender our rights? Has Rove snookered all the bubble people in to being "afraid, very afraid" of defending the constitution?
And if it is the case that the Democrats are, like the Republicans, unwilling to defend the constitution,why should any of us vote for any of them. I ask this question because I want to know what has happened to the famous American love of freedom.
Ron Byers
September 27, 2006 6:42 PM | Reply | Permalink
Marty Lederman wrote an excellent summary of the bill, and why it is *so* awful.
http://balkin.blogspot.com/#115936476757604275
Read it and weep.
The Dems have gotten my last donation until they grow a spine. I wrote a letter to Sen. Specter (there's really no reason to waste a second letter to my other Senator), but I'm not optimistic. Although Specter can at least spell Habeus Corpus :-)
September 27, 2006 7:02 PM | Reply | Permalink
I think the most telling thing Napoleon ever said was, "Où est mon armée ?"
~OGD~
September 27, 2006 7:05 PM | Reply | Permalink
On your first point, I really don't think most people do support torture; but as is so often the case, the way it gets publicly defined means a lot. I can at least speak for my fellow New Yorkers; we've overwhelmingly never bought the Bush line. (Ironic, huh? Probably the single most demonstrably vulnerable part of the country is the bluest of the blue.)
On your second, I'm sorry to say I think you hit the nail on the head. But on your last point, I agree with OC above that we've got to vote for Democrats. I hasten to add that I've been livid and in despair over this episode; but
1) we've got to stop the headlong rush to disaster we're on, and for all their faults, the Dems would do that, at least; and
2) remember how many new Democratic faces could be coming into town; the timidity and paralysis that afflict so much of the DC party will be getting a healthy infusion of new blood.
As awful as it is now, it actually can get worse. And it can also get better. Doing nothing is not an option. And btw, voting third parties nationally is also not an option; take a leaf from the right's playbook and take this party back. We've got some great candidates out there making a good start at that.
September 27, 2006 7:06 PM | Reply | Permalink
I have very few expectations from the Democrats, and I do believe that the Republicans are worse.
But this bill is *so* bad that the Democrats' refusal to even criticise it, much less mount a filibuster, is just too much for me. If they're willing to sign off on getting rid of habeus corpus review for US citizens detained by the DoD on Rumsfeld's say so alone, then, really, how much better *are* they?
September 27, 2006 7:08 PM | Reply | Permalink
You folks must all be working for Rove. If not you should demand the GOP pay him for this wacko advice. What you advocate--having Democrats oppose the bill as vile-- is exactly the recipe for returning Hastert and his friends to power in the House and for Ford, Casey, Tester, Menendez and McCaskill to lose to guys who are infinitely worse.
September 27, 2006 7:10 PM | Reply | Permalink
I basically second your point below, in response to ron byers; and your mention of Morris Dees gets you a 4.
September 27, 2006 7:12 PM | Reply | Permalink
I guess we have to hope you're right at this point. But remember how well this strategy has worked for us in the past...Putting aside the profound ethical issues here, we missed a big chance to prove we're not unprincipled wimps; when I heard Schumer tell Bob Schieffer "we'll follow [McCave's] lead" I knew they hadn't learned anything from the few successes we've had in the past year or so.
In fact, I think it's Tester who gave a great illustration of what we should be doing at a debate the other day; when he was challenged as to whether he'd weaken the Patriot Act, he said he'd trash it altogether, and then said that if it wasn't repealed everybody'd better keep their guns. Now I don't in fact own a gun; but I thought that was a terrific example of somebody who took an attempt to cow him into towing the R line and threw it back at them with cojones, in a way that I'm sure Montanans appreciated. Much like Clinton on Fox. And what is it Clinton says? "People will vote for someone who's strong and wrong over someone who's weak and right." The DC Dems seem to understand that principle perfectly well when they're analyzing the Republicans' electoral successes, yet they can't seem to apply the lesson to themselves. I thought they'd begun to, but clearly I was mistaken; it'll take the Testers, and our own continued relentlessness, to make them see the light.
September 27, 2006 7:35 PM | Reply | Permalink
Oh boy, Reed, you sure called it. It's been a roll-over-sit-up-and-beg session today:
34 House Democrats voted FOR torture and AGAINST habeas corpus by helping pass HR 6166, a bill so bad that even 7 Republicans voted against it.
On the Senate side, S 3930, the AP reports: "senators of the two parties agreed to limit debate on their own nearly identical measure, all but ensuring its passage on Thursday."
Didn't there use to be an opposition party in Congress?
-- Raven. Say NO to Torture! Prosecute War Crimes!
September 27, 2006 8:24 PM | Reply | Permalink
Better look HERE before praising Specter's spelling.
-- Raven. Say NO to Torture! Prosecute War Crimes!
September 27, 2006 8:57 PM | Reply | Permalink
So, here it is 9/28, 12:34 AM Eastern.
Why is it the roll call for the vote on this abomination of a bill is still nowhere to be found on the net???
Kevin Russell Cook
September 27, 2006 9:41 PM | Reply | Permalink
Click on the words "pass HR 6166" below -- linked to the roll call.
September 27, 2006 9:52 PM | Reply | Permalink
Re: Comments by BornAgainDarwinian
Wake up!
The opposition to the Fascist-Republicans that we'd like to have involves The Heroes on White Horses Party. The two party system we actually have is: the Fascist-Republicans vs. the Virtually Everything Else Party.
Some Democratic counterpart to Newt Gingrich should make the Dem reps in the House form military style ranks for a proper advance. Not gonna happen.
It always amuses me when Republicans assume some sort of groupthink to exist within Democratic ranks. The Republicans do their business that way! That’s why the current Congress has done such dreadful job of presidential oversight. Give George what he wants, no matter how bad his judgment has shown itself to be!
Republicans seldom question a Bush presidential proposition, unless it is, as we have recently seen, simply to raise a little indignation before caving in to bad White House policy. Then they proudly announce the cave-in as a compromise. (Sen. McCain?)
This country can gain a great deal by having effective Congressional watchdog committees shining some light on this President’s very questionable and often shadowy policy choices.
As for Republican fears of Reid or Pelosi running a tight opposition, that’s unlikely, even in the event D's find themselves in-charge. Lest we forget, there were Democrats among Ronald Regan’s “working majority” in Congress. As this election draws near you will hear a variety of positions from Democratic candidates on almost all important issues. This is how Democrats have been since before the Civil War.
This rankles sometimes, it sure does me! All of us would feel a lot better if all of them thought exactly as we do. Right? But, with the Democrats in charge of Congress there is one valuable thing we can count on.
Bush would not get an automatic and unexamined pass on every policy idea that Dick Cheney whispers in his ear. With things as they are now, and regardless of other considerations, this is the one powerful reason to vote Democrats into Congress this November.
September 27, 2006 10:04 PM | Reply | Permalink
Dems disappoint? That's the collosal understatement of the century. If the D's do not free the prophets to speak out and soon, this will come be known as the hour when America sold her soul. Wake the nation!
September 27, 2006 10:50 PM | Reply | Permalink
They are actually doing more than you think. Levin has a habeas corpus amendment which the Democrats are united behind and have at least three Republicans as well, Spector, Leahy, and Smith. Word is that we will get Chaffey as well and with pressure the Maine Senators. It is sowing decension among Republicans and could slow passage until the next session when the Democrats will be stronger and possibly a majority. Don't buy into the weak Democrats talk. They are much better than you think. They need support from us, and sometimes pressure, but Harry Reid, though softspoken, is a courageous man. We need to do some work if we want things to change. Here's some info if you want to help.
http://www.mydd.com/story/2006/9/27/22449/0130
September 28, 2006 1:53 AM | Reply | Permalink
So not opposing a bill that sanctions torture will make us lose?
Why exactly is that?
A majority of the country says torture is "never" justified....
You do realize your recipe is exactly what happened on Iraq, right?
Dissent Protects Democracy.
September 28, 2006 3:37 AM | Reply | Permalink
I used to think America was special. Our founders had made wise decision after wise decision. They had created a nation of laws. They had created a nation of checks and balances. Yes there had been a civil war, but after that war the tension between the branchs of government kept the rule of law alive, that and the deep belief that Americans have tried to do something special.
All during my youth I encountered people who thought the same way. The politicians thought that way too. Senators viewed themselves as American Senators. Representaives viewed themselves as representing Americans.
That vision really came to the front in times of crisis. The Congress was there to guard us from the natural impulse to excess inherent in any Executive. Watergate was not an aberation. It was simply Congress doing its duty.
Now the Constitution is again under threat. Our freedoms are being assaulted, and the members of Congress have forgotten they are Americans. They have forgotten they are the guardians of freedom. That is a central reason they were elected. Instead they think of themselves as Democratic senators and Republican congressmen and women. Party loyalty trumps loyalty to the people. Keeping the job is more important than anything. For Republicans holding your nose and doing what the President tells you is central. For Democrats avoiding the wrath of Karl Rove is central. Maybe Karl won't remember to replace me if I am good. Courage is for losers.
Maybe the new Democratic senators and representatives will bring new spine to Washington. Probably not.
Under our system all power is derived from the people. The President and all the rest are merely our servants. They can all be fired. And this year they all (or nearly all) deserve to be.
If your Senator or Congressman isn't willing to fight for the Constitution then he or she deserves to go.
Ron Byers
September 28, 2006 5:39 AM | Reply | Permalink
The silence from dems has been deafening, but of course that's partially due to media's non-coverage. I was heartened to hear Obama's speech yesterday, and I've got my fingers crossed.
September 28, 2006 7:24 AM | Reply | Permalink
PghMike,
Exactly - some things are just so awful that they have to be opposed no matter what the political consequences are. In fact, I suspect that a campaign along the lines of "If you approve torture, Vote Republican" would attract a lot of voters to the Democrats. Clinton had the tone right in his interview.
If this bill passes then any alien in the US - including legal aliens with green cards - can be detained permanently, without charge, at the President's whim. Given the background checks that one undergoes to get citizenship how many legal aliens will feel comfortable applying? Legal aliens will become subject to exactly the same problems as face illegal aliens now.
Although I dislike references to Nazi Germany, what's happening here isn't that disimilar from the early stages. The worrying thing is what will come next, especially if the US attacks Iran. President for life Bush with unlimited powers? Why not?
September 28, 2006 8:30 AM | Reply | Permalink
Sage,
That is the beauty of Rove's strategy - it works because it emasculates Democrats. Since when have fear, cowardice and lack of resolve been American values? That's why the Democrats lose - a total failure of nerve. It was Clinton's nerve, even through the Monica thing, that allowed him to remain popular.
September 28, 2006 8:36 AM | Reply | Permalink
Yeah, I'm working for Rove. Got my paycheque right here (grabs crotch).
Newsflash. The Bill is not vile. The Bill is a violent act of sodomy upon America. Termination of Habeas corpus, giving the President the power to pick up and detain anyone, inside or outside the United States, citizen or not, for any reason, for any length of time, just by calling them an Enemy combatant, and then legalizing torture?
You cannot have a piece of legislation like that, and call yourself a free people. The minute that gets passed, every single civil right you cling to becomes a joke. It becomes a privilege that the President can dispense with at will.
When this bill passes, America is over. Do you undestand that. Over. Done. Finito. Kaput.
Yeah, the land will still be there, and the buildings and the people. Like a Constitutional Neutron Bomb, this law will eliminate freedom and democracy as anything but window dressing, and leave everything else standing.
If the Democrats don't fight this tooth and nail to the last man, then they might as well give up and go home.
Frankly, your advice is simply to surrender and try to enjoy the rape. Bad idea. On your knees is no place to live.
Sorry we have to disagree, but you are just plain wrong in this. And you are disguising your lack of merit with horse puckey.
September 28, 2006 8:56 AM | Reply