UPDATE: I heard Thomas Oliphant telling Al Franken on his Air America show Monday that the reason the Dems went easy on Hayden was because "the FIX was on." A deal had been cut in typical Beltway fashion) the previous day: if the Administration would agree to brief more Members of Congress on the details of the NSA program, they would let Hayden slide in the hearing. WHAT A LOUSY DEAL.
"He(General Hayden) acknowledges that the NSA had an internal debate as to whether to ignore Foreign Intelligence Surveillance Act - they decide they would. They also made an active decision that they would not consult Congress or the courts in making this decision. They would unilaterally break this law, and then inform a handful of compliant Congressmen about it later.
When asked why he chose this route, General Hayden said three NSA lawyers he trusted gave him this advice. When asked if these lawyers wrote these legal opinions down (finally a good question) - General Hayden answered no. Wait, take a minute to absorb that. The top lawyers at the NSA gave the most important legal advice of their careers to the Director of the NSA - and they didn't write it down.
This was not a small matter. Even according to General Hayden's testimony, this was a very serious issue to which they gave considerable thought. Remember, they were making the decision to bypass a very clear federal law. And the lawyers who gave that advice didn't write it down?
This is when incredulous senators should have demanded to see the so-called legal advice that Hayden received or told him in no uncertain terms that he would not be confirmed. Instead, the sound of silence.
This guy is going to pass through Congress like a hot knife through butter. He is going to get confirmed in a cakewalk. I want to be fair -- Senators Wyden, Feingold and Levin asked him some actual tough and interesting questions. The rest of them were creampuffs.
Every sports fan knows what prevent defense does - it prevents victories. Action matters. It matters that we just added another $70 billion on top of our already grotesquely large deficit. It matters that the head of our CIA will be both incompetent and a wanton law-breaker. We cannot run out the clock to 2006, let alone 2008. These next two and half years matter.
Democrats have to fight back and win. If they don't, there is absolutely no point to their big leads in the polls. The American people aren't behind you because they want you to do nothing. They're behind you because they want you to bring change.
I know, I know, Chuck Schumer and the like yell, "But we can't do anything until we regain Congress." First of all, that's not true; the minority can definitely block a nominee or even filibuster terrible bills - if they had the guts for it. Did you see how quickly the Republicans filibustered an early version of the immigration bill they didn't like? They did it at the drop of a hat, without any hand-wringing about "procedural maneuvers."
Second, and most important of all, inaction is not necessarily smart politics. That's such a funny statement. We live in a world where we have to convince people that inaction and compliance with a hated political party is not the correct political route.
Have Schumer and Clinton considered just once that perhaps what voters like most of all is strength. The courage of your convictions. In 2004, 17% of voters said they voted based on who they thought would be a "strong leader," and 87% of those voted for Bush. You don't think that makes a difference?
Why did Paul Wellstone keep winning? Why does Russ Feingold keep winning? Why does Bernie Sanders have a 45 point lead in his Senate race? According to the Clinton-Schumer logic, shouldn't they be toast for being among the most liberal members of Congress and speaking their minds loudly?
Bernie Sanders is a socialist. And he has a 45 point lead! Vermont has a Republican governor. The people of Vermont might not necessarily agree with everything Sanders says - but they respect him.
This is apparently a concept lost on the Do Nothing leadership of the Democrats. The next six months is not time to sit on your lead. The next six months is the time for action. To show the American people what you have to offer. It is not a time for jogging in place, it is a time for moving forward. It is a time to show that you have the strength to lead the country.
An excellent start would be blocking the nomination of General Michael Hayden. Unfortunately, I can't even get myself to believe they will do that. At a time when we have the overwhelming majority of the American people so clearly behind us, how can our leaders provide us with such little hope?"-Cenk Uygur from The Young Turks on The Huffington Post.
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