Feingold resolutions for the censure of George W. Bush

On March 13, 2006, Sen. Russ Feingold (D-Wis.) sponsored a resolution in the U.S. Senate to censure President George W. Bush for ordering a warrantless domestic spying program. The resolution (S.Res.398) was co-sponsored by Sens. Barbara Boxer (D-Calif.), Tom Harkin (D-Iowa) and John Kerry (D-Mass.), and did not receive a floor vote. In July, 2007, Feingold again moved to censure President Bush, this time targeting Vice President Cheney and others as well. Feingold's second effort included two measures, one focusing on the war in Iraq, and the other on domestic issues like wiretapping.

Text of resolution
Feingold's resolution declared:

"'That the United States Senate does hereby censure George W. Bush, President of the United States, and does condemn his unlawful authorization of wiretaps of Americans within the United States without obtaining the court orders required by the Foreign Intelligence Surveillance Act of 1978, his failure to inform the full congressional intelligence committees as required by law, and his efforts to mislead the American people about the authorities relied upon by his Administration to conduct wiretaps and about the legality of the program.The full text of Feingold's censure measure can be viewed here."

Feingold's arguments on the Senate floor
In his remarks before the Senate on March 13, 2006, Feingold argued:


 * "The President violated the law, ignored the Constitution and the other two branches of government, and disregarded the rights and freedoms upon which our country was founded. No one questions whether the government should wiretap suspected terrorists. Of course we should, and we can under current law. If there were a demonstrated need to change that law, Congress could consider that step. But instead the President is refusing to follow that law while offering the flimsiest of arguments to justify his misconduct. He must be held accountable for his actions."
 * "Not only did the President break the law, he also actively misled Congress and the American people about his actions, and then, when the program was made public, about the legality of the NSA program...He has fundamentally violated the trust of the American people."
 * "The President’s claims of inherent executive authority, and his assertions that the courts have approved this type of activity, are baseless...But it is one thing to make a legal argument that has no real support in the law. It is much worse to do what the President has done, which is to make misleading statements about what prior Presidents have done and what courts have approved, to try to make the public believe his legal arguments are much stronger than they are."
 * "None of the President’s arguments explains or excuses his conduct, or the NSA’s domestic spying program. Not one. It is hard to believe that the President has the audacity to claim that they do."
 * "Passing a resolution to censure the President is a way to hold this President accountable. A resolution of censure is a time-honored means for the Congress to express the most serious disapproval possible, short of impeachment, of the Executive’s conduct. It is different than passing a law to make clear that certain conduct is impermissible or to cut off funding for certain activities. Both of those alternatives are ways for Congress to affect future action. But when the President acts illegally, he should be formally rebuked. He should be censured."

Republican hostility
According to CBS News, "there was an immediate outcry from Republicans. The Republican National Committee called it 'Feingold’s Folly' and accused the Democrats of 'playing politics with the most important issue facing the American people' and sending 'the wrong message to our enemies ....'"

On March 13, 2006, Vice President Dick Cheney "encouraged boos for Feingold at a fundraiser in Feingold’s home state of Wisconsin and dared other Democrats to support the resolution." The White House dismissed Feingold's move as "politically motivated" and White House spokesman Scott McClellan said Feingold's move "has more to do with 2008 politics than anything else."

Democratic silence
Democrats responded by largely ignoring the Feingold measure. According to CBS News, "the outcry from Republicans was matched by the sound of silence from the Democrats." For example, following Feingold's introduction of the resolution, Sen. Ben Nelson (D-Neb.) said "I just don't have enough information" when asked if he would support the measure.

In response to tepid Democratic response, on March 14, 2006, Feingold accused Senate Democrats of "cowering" to President Bush rather than actively rebuking him for his domestic spying program.

2007 censure of President Bush, Vice President Cheney, and others
In July, 2007, Feingold offered similar measures, this time expanding the targets and specificity of the censure resolutions. The first resolution would censure President Bush, Vice President Cheney, and other officials for misleading the public about the Iraq war, and inadequately preparing for the war's aftermath. The second resolution would Censure president Bush and reprimand Alberto Gonzales for domestic actions, such as a warrantless surveillance program.

External resources

 * "The Constitution in Crisis: The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War," Investigative Status Report of the House Judiciary Committee Democratic Staff, December 20, 2005 (273-page pdf).
 * Ranking House Member John Conyers, Jr. introduced three Resolutions in the U.S. House of Representatives concerning the serious allegations contained in the Report:
 * 1) H.RES.436 Calls for Censure of the President, December 18, 2005.
 * 2) H.RES.437 Calls for Censure of the Vice President, December 18, 2005.
 * 3) H.RES.635. "Creating a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and to make recommendations regarding grounds for possible impeachment." Sponsor: Representative John Conyers, Jr. (MI-14), introduced December 18, 2005. Cosponsors (31). Latest Major Action: December 18, 2005: Referred to House committee. Status: Referred to the House Committee on Rules.
 * "Statement of Senator Russ Feingold (D-WI) to Senate Judiciary Committee Hearing On the Call to Censure the President," March 31, 2006, posted on The Raw Story website.
 * "Testimony of John Dean on censure," March 31, 2006, posted on The Raw Story website.
 * "Statement of Bruce Fein, Deputy Attorney General to Ronald Reagan," March 31, 2006, posted on The Raw Story website.
 * TheWeekInCongress
 * CensureBush.org (an After Downing Street website).

2005

 * John Nichols, "Raising the Issue of Impeachment," The Nation (truthout), December 20, 2005. "Editor's Note: Congressman John Conyers has introduced three resolutions that would censure President Bush and Vice President Cheney, and create a select committee to investigate the administration's possible crimes and make recommendations regarding grounds for impeachment. -- smg/TO"
 * "CensureBush.org Campaign Launched in Response to New House Legislation," MSN Groups, December 21, 2005.
 * John Nichols, "Censuring Bush Requires Citizens' Help," The Madison Capital Times (truthout), December 27, 2005. Also posted by Common Dreams.

2006

 * John Nichols, "Jack Abramoff and the Politics of 2006," The Nation, January 3, 2006.
 * Tim Wheeler, "NSA spy plot fuels call to censure Bush, Cheney," People's Weekly World, January 7, 2006.
 * Sussel, "Feingold won't rule out Bush impeachment," After Downing Street, January 8, 2006.
 * Russell Feingold, "Raw Deal on Patriot Act" posted by Palestine Chronicle, February 12, 2006.
 * Press Release: "Feingold to Introduce Resolution Censuring the President. Feingold Says Congress Must Condemn the President’s Violation of the Public’s Trust Through Illegal Wiretapping Program," Senator Feingold's Official Website, March 12, 2006.
 * "Senator Proposes Bush Censure," Associated Press (CBS News), March 12, 2006.
 * "Democrat wants Bush censured on eavesdropping," Reuters, March 12, 2006.
 * "Democrat Feingold to Propose Censure of Bush Over Wiretapping," Bloomberg News, March 12, 2006.
 * John Files, "Feingold Calls for Bush to Be Censured Over Spying," New York Times, March 12, 2006.
 * John Files, "Senator to Propose Censure of Bush Over Spy Program," New York Times, March 13, 2006.
 * Transcript: "Feingold introduces resolution to censure Bush," The Raw Story, March 13, 2006.
 * "Attorneys Suing Bush for Wiretapping React to Censure Resolution and Call for Full Investigation of Impeachment," Center for Constitutional Rights (Common Dreams), March 13, 2006: "... Emphasizes 'A Censure Resolution Won’t Remove a Single Wiretap from Americans’ Phones'. CCR Says Congress Must Stop President Bush’s Illegal Actions and Remove Him from Office."
 * "Feingold seeks censure of president. Little support seen for condemnation of wiretapping program," CNN, March 13, 2006.
 * "Senator proposing censure of Bush for spying program," Los Angeles Times (Mercury News), March 13, 2006.
 * Sridhar Krishnaswami, "Wiretap plan: Lawmaker wants Bush censured," Rediff, March 13, 2006.
 * "U.S. Senator puts forward motion to censure Bush," CBC News (Canada), March 13, 2006.
 * Laurie Kellman, "Democratic leaders shy away from censure plan. Sen. Feingold's effort to condemn Bush over spy program fails to draw clear support," Associated Press (Houston Chronicle), March 13, 2006.
 * "W.House dismisses Democrat's call for Bush censure," Reuters, March 13, 2006.
 * Donna Smith, "W.House, senators spar over move to censure Bush," Reuters, March 13, 2006.
 * Dotty Lynch, "Will Russ Feingold Stand Alone Again?" CBS News, March 13, 2006.
 * Terry Kinney, "Kerry: Censure proposal needs closer look," Associated Press (Boston Globe), March 13, 2006.
 * "Move to censure Bush will have political fallout. Democrats object as Frist tries to get Senate vote on Feingold resolution," MSNBC, March 13, 2006.
 * Evan Derkacz, "Feingold: 'Bush (broke) the law'," AlterNet, March 13, 2006.
 * "Democrat Calls for Censure of Bush," Cato Daily Dispatch / Cato Institute, March 13, 2006: "... neither the AUMF [Authorization for Use of Military Force] nor the president's inherent powers trump the express prohibition in the FISA statute."
 * "Bush censure sought over spying," BBC, March 14, 2006.
 * Carl Hulse, "Democrats Beat Quick Retreat on Call to Censure President," New York Times, March 14, 2006.
 * "Feingold Blames Stalled Censure Motion on 'Cowering' Democrats," Fox News, March 14, 2006.
 * Laurie Kellman, "Update 9: Feingold Draws Little Support for Censure," Associated Press (Forbes), March 14, 2006.
 * "Fools And Feingold," Investors.com, March 14, 2006.
 * Opinion: "Bush and the Republican Guard. The Party Protects a Law-breaker," Centre Daily (Philadelphia, PA), March 14, 2006.
 * "Rights Hypocrisy," Times Argus (Barre/Montpelier, VT), March 14, 2006.
 * Onnesha Roychoudhuri, "From Impeachment to … Censure?" AlterNet, March 14, 2006.
 * Laurie Kellman, "Feingold Assails Dems on Bush Censure," Associated Press (Guardian Unlimited (UK)), March 15, 2006.
 * "Feingold Censure Move May Give Bush a Boost on Security Debate," Bloomberg News, March 15, 2006.
 * Dana Milbank, "The Feingold Resolution and the Sound of Silence," Washington Post, March 15, 2006.
 * Shailagh Murray, "A Senate Maverick Acts to Force an Issue. Democrat Feingold's Motion to Censure the President Roils Both Parties," Washington Post, March 15, 2006.
 * Opinion: "Censure stunt," Baltimore Sun, March 15, 2006.
 * Laurie Kellman, "Democrats won't back bill to admonish Bush," Associated Press (LA Daily News), March 15, 2006.
 * David Lightman, "Bush Censure: Democrats Tempted," Hartford Courant (CT), March 15, 2006.
 * "The Impeachment Agenda. Russ Feingold reveals what many Democrats really want," Opinion Journal, March 15, 2006.
 * Jonathan Allen, "Feingold: Acting outside the box," The Hill, March 15, 2006.
 * "Feingold: Democrats fear Bush censure," SouthCoastToday / The Standard-Times (MA), March 15, 2006.
 * Editorial: "A wiretapping debate: Bring it on," The Anniston Star (AL), March 15, 2006.
 * Rick Klein, "3 Bay Staters join call to investigate Bush. But resolution has little support," Boston Globe, March 15, 2006.
 * Editorial: "Congress won't defend us," The Oregonian, March 15, 2006.
 * Jeff Zeleny, "Democrats distancing themselves from Feingold's censure motion," Knight Ridder Newspapers (Chicago Tribune; Mercury News), March 16, 2006.
 * John Dickerson, "Feingold's Censure Adventure. What should Democrats do with their Senate bomb-thrower?" Slate, March 16, 2006.
 * David D. Kirkpatrick, "Republicans cheer attack on president," New York Times (International Herald Tribune), March 17, 2006.
 * E.J. Dionne, Jr., Op-Ed: "Can Democrats Play This Game?" Washington Post, March 17, 2006.
 * Tom Curry, "Who does impeachment/censure talk benefit? Democrat Pelosi sees anti-Bush acts as diversion from election message," MSNBC, March 17, 2006.
 * Richard Benedetto, Opinion: "Censure resolution should give Democrats pause," USA Today, March 17, 2006.
 * David Swanson, "Republicans for Impeachment," OpEdNews, March 17, 2006.
 * Stephen Crockett, "Dems Senators Who Failed to Back Feingold's Censure Disqualified Themselves from '08 Pres Race," OpEdNews, March 18, 2006.
 * Joan Vennochi, "Fanning the Political Flames," Boston Globe, March 19, 2006.
 * Opinion: "Motion to censure president deserves backing of the people," USA Today, March 19, 2006.
 * Transcript: "Transcript: Sen. Dick Durbin on 'FNS'" (March 19, 2006), Fox News, March 20, 2006.
 * Craig Gilbert, "Many have doubts on spying, but Feingold stands alone on censure," Knight Ridder Newspapers (Mercury News), March 20, 2006.
 * Editorial: "Censure: the wrong option," Chicago Tribune, March 20, 2006.
 * John W. Dean, "An Update on President Bush's NSA Program: The Historical Context, Specter's Recent Bill, and Feingold's Censure Motion," FindLaw's Writ, March 24, 2006.
 * Byron York, "Arlen Specter and the White House’s 'Preposterous' Defense. The Judiciary Committee chairman vents his frustration with the White House," National Review Online, March 28, 2006.
 * "Former Nixon Counsel Dean to testify at censure hearing," The Raw Story, March 29, 2006.
 * Russell Feingold, "A Fact Check on a Presidential Crime. Myth vs. Reality on Bush's Warrantless Wiretapping Program," CounterPunch, March 30, 2006.
 * Russell Feingold, "The GOP's Stake In Checking The President," Tom Paine, March 30, 2006.
 * John Nichols, "Russ Feingold's Legal Firepower," The Nation, March 30, 2006.
 * Marianne Means, "Can censure hearing pull string that unravels Bush?" Hearst Newspapers (Pasadena Star News), March 30, 2006.
 * David Edwards, "Video: John Dean To Testify at Senate Censure Hearing," The Brad Blog, March 30, 2006: "MSNBC Countdown's Keith Olbermann interviews former Nixon White House Council John Dean. Dean." (WMP format).
 * Ari Melber, "On Censure, Democrats Wait for Godot," AlterNet, March 31, 2006.
 * Zachary A. Goldfarb, "Rebuke Rarely Exercised. As a Weapon, a Censure Motion Lacks Muscle," Washington Post, March 31, 2006.
 * Laurie Kellman, "John Dean Blasts Warrantless Eavesdropping," Associated Press (ABC News), March 31, 2006.
 * John Aravosis, "GOP launches new attack ad that actually makes Feingold look pretty good," AMERICAblog, April 1, 2006. See "GOP's New 'Censure or else' ad" posted on Crooks and Liars website.
 * Editorial: "Standing Up to Bush," Boston Globe, April 3, 2006.
 * Gail Russell Chaddock, "No traction on censure, but much theater. Republicans made political hay Friday over a Democrat's call to rebuke the president over domestic eavesdropping," Christian Science Monitor, April 3, 2006.
 * Tom Teepen, "Why No Outrage? Bush Deserves Censure," St. Paul Pioneer Press (Minnesota) (Common Dreams), April 4, 2006.