If there actually was an opposition party in Washington, the nomination of Air Force General Michael Hayden to serve as director of the Central Intelligence Agency would have been doomed from the start.
Hayden’s involvement as head of the National Security Agency with the illegal warrantless wiretapping program initiated by the Bush administration, his role in the secret accumulation of the phone records of tens of millions of Americans for surveillance purposes, his unapologetic rejection of the rule of law and his limited acquaintance with the Constitution would surely have stalled his nomination. And the fact that a member of the military should not head the civilian intelligence agency that is charged with provided unbiased information to elected officials – as opposed to the Pentagon line – would have finished Hayden off.
In the face of a united Democratic opposition, a sufficient number of Senate Republicans, ill at ease with the administration’s reckless approach and increasingly concerned about the damage President Bush and his aides are doing to their party’s credibility and political prospects, would have abandoned Hayden.
Unfortunately, there is no opposition party in Washington.
There is, instead, a Democratic Party that, when push comes to shove regularly allows itself to be shoved.
So it come as little surprise that Hayden’s nomination has sailed through the Senate, winning approval Friday by a 78-15 vote. Most Democrats, including Senate Minority Leader Harry Reid, D-Nevada, joined the vast majority of Republicans in rubberstamping George W. Bush’s poke-in-the-eye pick to head the CIA.
The die was cast when the Hayden nomination was considered by the Senate Intelligence Committee. Four Democrats who should know better – California’s Dianne Feinstein, West Virginia’s Jay Rockefeller, Michigan’s Carl Levin and Maryland’s Barbara Mikulski — voted with the united Republican majority to approve the appointment. Then, the Senate Armed Committee casually voted to reappoint Hayden as a four-star general, a move that effectively signaled surrender in the debate over whether the CIA should be headed by a military man.
In this disappointing scenario, it should be noted that a handful of Democrats did attempt to check and balance a lawless president by refusing to support his equally lawless nominee. Voting against Hayden’s nomination were Democrats Evan Bayh of Indiana, Maria Cantwell of Washington, Hillary Clinton of New York, Mark Dayton of Minnesota, Chris Dodd of Connecticut, Byron Dorgan of North Dakota, Dick Durbin and Barack Obama of Illinois, Russ Feingold of Wisconsin, Tom Harkin of Iowa, Ted Kennedy and John Kerry of Massachusetts, Bob Menendez of New Jersey and Ron Wyden of Oregon.