Da Techguy's (no longer backup) Blog

By John Ruberry

Nearly overlooked earlier this month because of the drawn-out vote for speaker of the House was the breaking of seven decades of precedent in the upper chamber of Congress in the election for largely ceremonial post of president pro tempore of the Senate. Largely ceremonial only up to a point, that is. The holder of that position is third-in-line in presidential succession. Every president pro tempore elected since 1949 had been the longest-serving senator from the majority party. The dean of the Senate is 89-year-old Dianne Feinstein, she has been representing California since 1992. But Patty Murray of Washington, who is a relatively spry 72, was elected president pro tempore, which ups her salary a bit and earns her a security detail.

Feinstein reportedly declined to run for president pro tempore.

Concerns about Feinstein’s mental acuity go back to 2020, when she praised then-Senate Judiciary Committee chairman Lindsay Graham (R-SC) when the confirmation hearings for Amy Coney Barrett concluded. “This has been one of the best set of hearings that I’ve participated in,” she told Graham before hugging him, “I want to thank you for your fairness.” 

Personally, I think Graham did a decent job during those hearings, but Feinstein overlooked–or should I say she couldn’t remember–that during the Donald Trump presidency it was the duty, in the eyes of the Democrats’ hard-left base, for every Democratic member of Congress to RESIST Trump and the Republicans.

Shortly afterwards, Feinstein stepped down as the ranking Democrat of the Judiciary Committee.

Last spring, her hometown newspaper, the San Francisco Chronicle, spoke to members of the House of Representatives and the Senate, as well as ex-Feinstein staffers, about her mental state. And all of them, anonymously, told the Chronicle that because of memory issues, Feinstein appears unable to serve as senator.

More bluntly, in my words, it looks like Feinstein can’t do her job.

“I have worked with her for a long time and long enough to know what she was like just a few years ago: always in command, always in charge, on top of the details, basically couldn’t resist a conversation where she was driving some bill or some idea. All of that is gone,” a California House Dem admitted to the Chronicle about Feinstein. “She was an intellectual and political force not that long ago, and that’s why my encounter with her was so jarring. Because there was just no trace of that.” 

The same article offered up this damning quote, “There’s a joke on the Hill, we’ve got a great junior senator in Alex Padilla and an experienced staff in Feinstein’s office,” a former staffer said.

Last year the New York Times described an experience that will be familiar to anyone who has witnessed a friend or relative suffering from cognitive decline.

One Democratic lawmaker who had an extended encounter with Ms. Feinstein in February said in an interview that the experience was akin to acting as a caregiver for a person in need of constant assistance. The lawmaker recalled having to reintroduce themself to the senator multiple times, helping her locate her purse repeatedly and answering the same set of basic, small-talk questions over and over again.

Tellingly, a visit to Feinstein’s Senate website offers up a photo of her that appears to be a couple of decades old. That’s the pic you see in this entry. Click here for a more recent photograph.

This month, two Democratic southern California members of the House, Katie Porter and Adam Schiff, announced they are running for Feinstein’s seat–her term expires in 2025. Schiff, who repeatedly lied about having evidence proving Trump-Russia collusion, claims he informed Feinstein of his intentions. Believe that if you want to. 

Other candidates are expected to declare their candidacy. Feinstein hasn’t said anything yet, but she’s expected to announce that she will not be running for reelection. 

Clearly, Feinstein should have resigned for health reasons at least three years ago. 

One way to minimize the chances of having senators–and House members–suffering from cognitive decline is to enact congressional term limits, even though that may mean amending the Constitution. Besides, serving in Congress should be a highlight of someone’s career–not the entire career.

Feinstein’s sad situation is not unique in Washington. Two Republicans who served with Feinstein, Strom Thurmond, who ended his 48 years in the Senate at 100, and Thad Cochran, who resigned after 39 years in the Senate, suffered cognitive challenges late in their careers, as well as one Democrat, Robert Byrd–he died in office when he was 92.

For five months in 2001, at the age of 98, Thurmond was president pro tempore. And when Byrd died, he was president pro tempore of the Senate. Hey, hats off to the Democrats for bucking tradition by electing Murray over Feinstein for that post.

Besides congressional term limits, America also needs smarter voters. Although by all accounts Sen. Chuck Grassley (R-IA) is a healthy 89-year-old man. Last year he was just elected to his eighth term. Grassley is a former president pro-tempore.

Having wiser and less selfish members of Congress is probably too much to hope for.

Mental issues can burden younger persons too.

In Pennsylvania, 53-year-old Democrat John Fetterman, who suffered a stroke last year, successfully ran out the clock in his successful Senate election, despite speaking struggles in his few public appearances and a disastrous debate performance. 

Joe Biden turned 80 last year and he’s expected to run for reelection. Biden has had many mental miscues in his two years at president. But that’s a problem well worth another discussion.

Please don’t call me ageist. If heart ailments, cancer, accidents, or infectious diseases don’t conquer me first, I am certain that one day I will suffer from cognitive issues. 

UPDATE February 14: Today Feinstein announced that she won’t seek reelection. Call me ableist, agist, or whatever. But Feinstein should have quit at least two years ago. She can still resign.

John Ruberry regularly blogs at Marathon Pundit.