David Limbaugh

Doesn't it strike you as ironic that one of the major architects of a legislative scheme that tramples all over the First Amendment had the gall to try to censure President Bush for the wireless surveillance of terrorists?

At least with the Clinton impeachment, which many wanted to dilute to a censure and others to a mere verbal wrist-slap, there was no question that he committed multiple felonies. But now Sen. Russ Feingold demands that Bush be censured over a matter on which, to quote Al Gore, "there is no controlling legal authority," and which many believe is legal, proper, and, most importantly: imperative for our national security? And in case you missed it, Feingold said that the NSA surveillance program is precisely the type of activity the Framers had in mind in contemplating "high crimes and misdemeanors." Right, Russ.

Feingold's reckless ploy brings to mind the similarly frivolous stunt by Vietnam veteran John Kerry to phone in a filibuster on Judge Samuel Alito from a five-star ski resort in the Swiss Alps.

Both men's gratuitous schemes were absurd on their face and guaranteed to fail. They didn't even garner support among a significant number of their fellow Democrats in the Senate. But what they did have in common was their perverse appeal to the Democrats' mouth-frothing base, which is a condition precedent to securing the Democratic presidential nomination.

Overall, we must conclude that Feingold's gambit was even more ill-conceived than Kerry's. While Kerry's filibuster was marginally about Alito's alleged future enabling of President Bush's NSA surveillance program, it was far more about his suspected stance on abortion precedent. But Feingold's censure was only about the NSA program, and no matter how vociferously the antiwar left calls for Bush's head, the stubborn fact is that the public supports the program.

Feingold's move, the Democrats' conspicuous exodus from it, and Feingold's bitter reaction to their fecklessness, illustrate the tangled web the Democrats have weaved for themselves concerning the premiere issue of the day (and tomorrow): the War on Terror.

Feingold didn't mince words in accusing his party of "cowering," when they not only wouldn't support his measure, but frantically avoided press questions about their refusal.

On that point, Feingold is correct. Democrat leaders often fold when challenged to demonstrate the courage of their so-called convictions, especially where national security is concerned. They are all over the map, or at least back and forth from east to west, because their positions aren't based on deep-held convictions, but political calculations, which are a moving target.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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