So, Senator Feingold wants to censure the President for “domestic spying” (see, Ed O’Keefe, “Feingold Calls for Bush’s Censure,” here).

Even if it’s true—and I don’t claim to know or understand the applicable law, or even all of the relevant facts—consider that a censure is a punitive act.  (Representative Hyde explained this during President Clinton’s impeachment.)  You cannot have a punitive act in this country, without a trial of the facts.  It is wrong for Senator Feingold to initiate a punitive measure without a trial.  And there cannot be a trial, in this case, without an impeachment.  Here’s why: you cannot censure someone except for some wrong-doing.  And the wrong-doing must first be proved.  At this point, the President has been accused of wrong-doing.  And the President has admitted to eaves-dropping; but he has not admitted to any wrong-doing.  Therefore, it must be proved before competent authority that wrong-doing has in fact taken place.  You simply cannot, and ought not to be, punished for being accused of wrong-doing.

So far, all we have on all this amounts to: (1) the accusation of wrong-doing; (2) assertions that the evidence (including statements by the Administration) demonstrates wrong-doing; (3) assertions that this evidence is incontrovertible.  All of this, is, at best the opening statement of the prosecution at trial.  It sure as heck shouldn’t count as verdict!

Oh, one more thing.  Typically, a censure is the act of a body of one of its members.  The President, while not above the law, is not a member of the Senate.

Tags:  Russ Feingold, domestic spying, censure Bush, impeach Bush