"A Heavy Heart." That was the subject of the email I received today from Senator Chris Dodd. After fighting tooth and nail for many months, with a coalition cobbled together on the fly, brought together by a fundamental drive to protect the Constitution, the Senate was finally able to force through a new FISA bill including retroactive immunity for telecom companies.

A number of Democrats abandoned the Fourth Amendment to vote for immunity, including Senator Dianne Feinstein. It's been a relatively tough year for the Constitution when Feinstein's been faced with challenging votes, and this sadly was no exception. But it's important to hear Senator Dodd's words today:

...let us stand tall, knowing that by working together we were able to make wiretapping and retroactive immunity part of the national discourse these last number of months.

We came together - all of you, Senator Feingold, bloggers like Jane Hamsher and Glenn Greenwald, organizations like the EFF and ACLU, and untold hundreds of thousands of Americans who simply wanted to make sure that this one, last insult did not happen with ease.

I'm sorry we weren't successful.

And so Rick Jacobs put the challenge to Courage supporters today via email. What are we going to do about it?

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"If we do not change course and stand up for our Constitution, for what is best in America, for what we know is right and just, then history will most certainly decide that that it was those of us in this body who bare equal responsibility for the President's decisions -- for it was us who looked the other way, time and time again."

-- Senator Christopher Dodd, July 8, 2008, on the Senate floor during debate on yesterday's re-authorization of the Foreign Intelligence Surveillance Act (FISA).

Yesterday, Senator Dianne Feinstein failed Californians. Again.

The big question is: What are you going to do about it?

In 2007, Sen. Feinstein failed us by providing the deciding Judiciary Committee swing votes that paved the way for the appointments of Michael Mukasey, President Bush's torture-condoning nominee for Attorney General, and Leslie Southwick, a racist and homophobic judge.

And now, she has failed us on the Constitution itself, concealing a crime perpetrated by the Bush Administration and telecom companies against the American people.

Despite thousands of calls from concerned citizens, virtually shutting down her phone lines for the last week, Sen. Feinstein failed to vote for the pivotal Dodd/Feingold amendment to the re-authorization of FISA that would have denied retroactive immunity to telecom companies for illegally wiretapping the phones of Americans. Sen. Feinstein then voted for the FISA bill itself, effectively pardoning George W. Bush.

We've tried everything to get Sen. Feinstein's attention. Phone calls. Emails. Faxes. Petitions. Protests. Smoke signals. We even launched an online petition supporting a proposed California Democratic Party censure resolution of Sen. Feinstein last November that spread like wildfire across the grassroots, with 35,039 Californians signing on in support.

The censure movement also catalyzed national media attention, fueled by endorsements from MoveOn.org, Progressive Democrats of America, the California Democratic Party Women's Caucus and Progressive Caucus, as well as 38 chartered Democratic Clubs across California.

A number of people have asked if the Courage Campaign would support holding Senator Feinstein accountable for caving on warrantless wiretapping by re-launching the censure resolution inside the California Democratic Party. It's an important question but, frankly, a censure resolution is merely a piece of paper unless there's a people-powered movement behind it.

That's why we're putting this decision in your hands today. If grassroots and netroots activists across California support a new censure resolution of Senator Feinstein, we will launch a censure campaign leading up to the California Democratic Party's next Executive Board meeting.

You have the power. Should we re-launch the censure resolution holding Sen. Feinstein accountable for her failures on FISA as well as her swing votes last year in favor of appointing Michael Mukasey and Leslie Southwick? Or should we drop the censure?

It's up to you. Please vote now "for" or "against" censuring Sen. Feinstein. And ask your friends to vote by forwarding this message to them. One person, one vote. DEADLINE: Tuesday, 5 p.m.:

http://www.couragecampaign.org/CensureVote

California's other Senator, Barbara Boxer, stood strong against retroactive immunity for telecoms and the Bush Administration, voting the right way twice -- against the FISA bill and for the Dodd/Feingold amendment. She also had this to say on the floor of the Senate:

"The Bush warrantless surveillance program did not have the consent of the governed, and it was certainly not just.

Truth is the centerpiece of justice. The immunity provision in this bill effectively sweeps the warrantless program under the carpet, along with the rights and civil liberties of those whom we are sworn to protect -- the American people.

The immunity provision hides the truth from the American people. They deserve better from us."

We appreciate the courage and conviction of Barbara Boxer. On issue after issue, she is a shining light representing our progressive state.

Which is why it is all the more galling that Senator Feinstein, representing the same deep blue state, continues to give political cover to a President who views the Constitution as a disposable document.

As Californians, we do deserve better. That's why we're placing this important decision in your hands. Should we hold Sen. Feinstein accountable by using a process for public censure provided by the California Democratic Party? Please click here to vote "for" or "against" censuring the Senator. And please ask your friends to vote as well. DEADLINE: Tuesday, 5 p.m.:

http://www.couragecampaign.org/CensureVote

You are at ground zero in this decision. While this vote will not reverse what happened yesterday on FISA, that doesn't mean we can't use the process provided by the California Democratic Party to express, as the previous censure resolution stated, the "disappointment at, and censure of, Senator Feinstein for ignoring Democratic principles and falling so far below the standard of what we expect of our elected officials."

No matter whether you support censure or not, please vote and ask your friends and family to vote by forwarding this message to them. To make this a people-powered decision, we need as many people as possible to participate.

Thank you for holding our elected officials accountable and making 2008 a new era for progressive politics in California.

Rick Jacobs
Chair

P.S. If Senator Feinstein cares about nothing else, she cares about her legacy. At this moment, whether she knows it or not, Senator Feinstein's place in history has been soiled by a decision that she will likely later regret, if only because it may have catalyzed concerned Californians to hold her accountable.

Your decision could be crucial to holding Sen. Feinstein's accountable now and defining her legacy later. Please vote now and forward this message to your friends before 5 p.m. on Tuesday:

http://www.couragecampaign.org/CensureVote