When President Bush nominated General Michael Hayden for the position of Director of Central Intelligence he threw down a gauntlet to the Democrats. He dared the Democrats to do battle on this nomination. He dared the Democrats to vote against Hayden and he dared the Democrats to hold up the nomination. He dared the Democrats to leave vacant the CIA Director's position while the United States is engaged in wars in Afghanistan and in Iraq. Predictably, the Democrats on the Senate Intelligence Committee saw the gauntlet, turned tail, and fled.
With the notable exception of Senators Feingold, Wyden and Bayh, the remaining Democrats on the Committee voted to send Hayden's nomination to the floor. By voting for the nomination the 4 Democratic Senators have fallen into the political trap set for them by the Administration. The Administration has put the Democrats in a vise. If Democrats vote against the nomination, the Administration can claim that the Democrats are obstructionist and weak on national security. If the Democrats vote for the nomination, the Administration is inoculated against charges that it overstepped its authority by conducting warrant-less surveillance. A vote for Hayden is in effect an acceptance of the Administration's position on the NSA spying. Either way the Democrats vote they will be beat upon relentlessly in the run up to the November elections.
Democrats have rightly decided that blocking Hayden's nomination will damage them politically going into the November elections. However, voting for the architect of the NSA spying program is an even worse option. A vote for Hayden, in addition to giving the Administration a green light on the NSA spying, will also alienate the Democratic base - and the base is crucial in the November elections where turnout will likely determine the outcome of many races. A vote for Hayden will damage the Democrats just like John Kerry's Iraq votes damaged him in the 2004 Presidential elections. Here the Administration has figured out that they can have their cake and eat it too - they get the nominee through and they damage the Democrats politically.
I propose a third option for the Democrats. When the nomination comes up for a vote on the Senate floor, the Democrats should neither try to block it nor vote against the nomination. Instead the Democrats should abstain. Abstaining on the nomination vote blunts the Administration's logic and outflanks them politically. The Democrats cannot be seen as obstructionists when they do not hold up the nomination. The Democrats cannot be seen as weak on national security when they do not vote against the nominee. The Bush Administration will also fail in their gambit to inoculate themselves from charges that the NSA spying is illegal. The Democrats can say that they stood on principle and could not vote for a nominee who has a questionable record on protecting American civil liberties, and on the other hand, the Democrats can say that they could not vote against the President's nominee for the crucial position of Director of Central Intelligence in a time of war.
When the Bush Administration picked General Hayden, no doubt they believed they had a horse on which they could win multiple political points ahead of the elections. They counted on the Democrats to cower at the prospect of a nomination fight. They counted on the Democrats to lose the game. Instead of capitulating on the playing field laid out by Karl Rove and his friends the Democrats need instead to move the playing field. It's a simple strategy yet it holds the promise of success.
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