Senator Russ Feingold made headlines in August when he became the first 2008 hopeful to call for the withdrawal of U.S. troops from Iraq by the end of 2006. This won raves from progressive pundits like my friend John Nichols and even a highly-coveted appearance on Meet the Press. And it generated enough buzz in the progressive blogosphere to move Feingold into 2nd place in the dKos Straw Poll (behind Wes Clark and ahead of John Edwards, Hillary Clinton, and No Freakin' Clue).

But today, Feingold threw it all away.

Statement of U.S. Senator Russ Feingold On the Nomination of Judge John G. Roberts To be Chief Justice of the United States

September 22, 2005

Mr. Chairman, I will vote in favor of the nomination of Judge John Roberts to be the Chief Justice of the United States. This has not been an easy decision, but I believe it is the correct one. Judge Roberts's impeccable legal credentials, his reputation and record as a fair-minded person, and his commitment to modesty and respect for precedent have persuaded me that he will not bring an ideological agenda to the position of Chief Justice of the United States and that he should be confirmed.

Impeccable legal credentials - like being a leader of the Federalist Society - and lying about it?

Reputation and record as a fair-minded person - like helping George Bush steal the 2000 election in Florida?

In early 2001, Russ Feingold provided the deciding vote on the Senate Judiciary Committee to confirm John Ashcroft as Attorney General, despite massive opposition from netroots Democrats. Why did Feingold support Ashcroft? Because Ashcroft gave him a ride home from the Capitol one day, and because he promised to nominate Ronnie White for the next Federal judgeship - a promise Ashcroft broke immediately.

I blasted Feingold relentlessly at the time for his vote. Perhaps out of remorse, Feingold was the only Senator to vote against the USA Patriot Act immediately after 9/11.  Five years later, I was prepared to give him a second look because of his Patriot Act vote and his semi-courageous stance on Iraq. But not now.

When he cast his deciding vote for Ashcroft, Feingold said "maybe I'm naive." Five years later, nothing has changed. Feingold's vote for Roberts proves his naivete is his fatal incurable character flaw - just like Bush's greed, cowardice, and stupidity.

Senator Feingold, you worse than naive - you are a suicidal idiot. Right in front of your eyes the Federalist Society - led by John Aschroft, John Roberts, and their "modest" cronies - is turning the American judicial system into an instrument of Republican Fascism. Don't you remember how they conspired to appoint Ken Starr as Special Prosecutor for Clinton, and then set a perjury trap for him? Didn't you read Bush v. Gore, which legalized the theft of the Presidency? Haven't you read the Torture Memos? Didn't you read the 4th Circuit's latest ruling in Padilla v. Rumsfeld, which gave the President the unlimited powers of a dictator? These are all the products of the Federalist Society, and they are systematic steps towards fascism.

When the Busheviks fire up the concentration camp ovens, the Niemoller of our time will write: "First they came for the enemy combatants, but I was not an enemy combatant." And when they come for the Jews - because Fascists always come for the Jews - there will be no one left to speak up for you.

Update: John Nichols called it a most disappointing vote for progressives. But he is at a loss to explain why Feingold cast it.

The fact is that Feingold asked some of the best questions of Roberts on those very issues, and he got some of the worst answers.

Unfortunately, Feingold does not appear to have taken those exchanges seriously enough to decide that Roberts failed the test.

Update: My statement was quoted by Tom Curry of MSNBC.

Hurricanes turn Capitol's politics topsy-turvy

If Katrina had utterly changed the political landscape and weakened Bush, then why was Roberts approved by a bipartisan vote in the Senate Judiciary Committee Thursday morning, with “aye” votes coming from one of Bush’s harshest critics, Sen. Patrick Leahy, D-Vermont and from potential 2008 presidential contender Sen. Russ Feingold, D-Wisc.?

Feingold explained that he had "talked to a number of people who know John Roberts or to people who know people who know John Roberts." And those who know him, Feingold said, don't see Roberts "as a narrow ideologue who wants to impose his views on the country."

Asked for her reaction Thursday after Feingold cast his vote for Roberts, Nan Aron, head of the liberal advocacy group Alliance for Justice, said she was “totally perplexed and shocked.”

As for the oft-heard argument that a “yes” vote on Roberts would somehow help a Democrat senator cast a more credible “no” vote on the next Bush Supreme court nominee, Aron said, “I’ve never understood that argument — never have, never will.”

According to Democrats.com, a group of left-leaning Democrats, Feingold got grass-roots party members excited when he became the first 2008 presidential hopeful to call for withdrawing U.S. troops from Iraq by the end of 2006.

“But today, Feingold threw it all away,” said Democrats.com in a statement. “Senator Feingold, you are worse than naive — you are a suicidal idiot.”