President Elect Obama: Denounce and Renounce
I spent most of the weeks between the conventions and the election reading two essential books: Jane Mayer's The Dark Side and Barton Gellman's Angler. Both cast essential light, the first from a systemic perspective and the second from a personal one, on the degree to which Vice President Cheney created a secret cabal inside the Executive Branch. That cabal, co-headed by Cheney's ultra-pugnacious in-house lawyer David Addington, proceeded to eviscerate laws and treaties, paving them over with a series of (in some cases, still-secret) legal opinions binding on the Executive Branch, whose power Cheney (though publicly disavowing his membership in that branch) was determined to increase.
Those members of the government with legislative or constitutional responsibilities to weigh in on these matters, but whom the Cheney team didn't trust, simply weren't "read in" on the new policies. So State Department experts on the law of war, Defense Department JAGS, even Condi Rice and Colin Powell, all found out about these new policies--involving, at a minimum, detention, rendition, and interrogation methods that were designed to shock the conscience--in the press, as a fait accompli, if they found out about them at all.
It was an eerie experience, reading this material during an election campaign where such matters were rarely if ever mentioned. One benefit of keeping your most prized policies secret is that they don't get debated during an election, because they don't show up on polls of voters' concerns.
So, the question needs to be asked of the President-elect: do you plan to denounce and renounce these extra-Constitutional ways of doing business, and the illegal policies that resulted, before you take office? Because, one is entitled to fear that, if you don't, one day, when things get tough (as they will), you will look at this secret little tool chest, and it will appear all too tempting.
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Any idealists who are so thick-headed that they think we still live in a democracy have no excuse: the Bush administration did anything it could to increase Executive power and allow the Pres to circumvent the legislative and judicial branches. They've moved the country as close to a "big brother" police state as they could without the general public noticing. I contend that Bush's expansion of executive power is the most horrifyingly impressive thing he did in his eight years in the White House--after all, the point of our constitution and indeed our country is that things like this cannot happen. Now, as a nation, we are stuck collectively scratching our heads and longing for the days when checks and balances still applied to all branches of the government.
I agree with you wholeheartedly and believe the question is a good one. But, one additional book you might read for insight on President Elect Obama's position on the issue you raise is The Audacity of Hope, wherein he does just as you ask. While not in the "first 100 days," he spoke to the matter in the first 100 pages, and that is good enough for me.
Let's all hope for a minimization of the idea of an imperial presidency. It is not necessary to have imperial powers to be effective. The balance of powers leads to effective government. Congress must no longer shirk it's responsibilities. That is how they can improve on their dismal public approval and how they can again be respected. A strong president needs a strong congress and a fair supreme court.
I think all politicians need to be reminded that they are elected into positions of Public service, not anointed to royalty.
This is a question that has bothered me , too. Can obama just reverse all Bush's anti-Constitutional signing statements? I cannot imagine that he favors all that crap. Any lawyers out there to answer that question? I plan to write my new Congressman and Senator about that. I know the Congressman personally, having volunteered in his office and broken my leg while canvassing a neighborhood with him, and the old Congressman, now a Senator-elect, has always answered my letters in great detail, one of the reasons I also volunteered for him, though we didn't always agree. He alwayys explained why he was voting for or against a bill and even occasionally recommended reading to me to help me understand an issue better. I suggest everyone do the same. Barack is apparently going to set up a web-site soon asking for input. Use it! As he has said it will take all of us to get on top of issues like this, bottom up. By the way, Maomi Wolffe has done a lot on this web-sit and in her interviews and writings to bring such issues home. The MSM has been so preoccupied with the election, we have heard little other news without searching it out. Time to get these issues back on the front pages.
Right on - How do we deal with the signing statement monstrosity? How were they ever allowed to creep into existence in the first place? The President is not the one who makes the law or who can decide to ignore it. And there is another nasty runaround of democracy: the power to issue regulations that have the force of law - currently being horrendously abused by Bush in a last-minute frenzy of giveaways to his "haves and have-mores" base. That needs to be checked too.
What does it take? A constitutional amendment unambiguously stating that no unilateral act of the Executive can have the force of law?
There is a parallel in Britain, oddly enough - while Parliament makes the laws, there is a stream of "Orders in Council" theoretically issued by the Queen, which govern masses of everyday issues, which have the force of law. But they can be overturned by Parliament.
I was surprised that I had to read all the way down to BoulderSue's comments, to find mention of Bush's abuse of line exceptions...one of the worst of the MANY blatant, in-your-face ways that Bush & Cheney have made such a mockery of our freedoms, and of the intentions of the founding fathers in true checks & balances government - I am living in hope, that Obama makes righting these wrongs a real priority.
President Obama must quickly order the investigation of those government officials who may have committed crimes and who may have undermined the US Constitution. If he does not, his administration will rapidly become a muddled mess with little credibility both at home and abroad. If news reports are to be believed, serious crimes have been committed. The commander-in-chief cannot ignore criminality without appearing to be a sanctioning agent.
Power does not corrupt, power attracts the corruptible...one of my favorite Frank Herbert quotes
Frank Herbert was a bit of a power freak, himself. I can't think of the name of the book offfhand (Freehold or something like that) about a very small group of people left to repopulate the Earth after some global war or other disaster, and it included incest if necessary to produce children. I.ll look it up on Amazon, but I remember reading it in high school. I'm pretty sure it was Fank Herbert, and reading later that he was a right-wing power freak. Anyone else know?
Sorry! It was "Farnham's Freehold" by Robert Heinlein. But I kind of think the "Dune" series was not the greatest depiction of a democratic government/society, either. The hero was kind of on a long power trip, even if supposedly benificent.
Well written, Harry. There are those amongst us who would like to see the co-conspirators in the Cheney/Bush cabal brought before a Nuremberg-like tribunal of accountability and justice. The Hague is as good a place as any.
This is a much more civilized approach to world terrorism, fait accompli, than extraordinary rendition or the Gitmo treatment has been for those merely suspected of thinking terrorist thoughts. Some folks I converse with do not feel that it's going far enough to hold Congressional hearings or Impeachment proceedings, but what is the general consensus in your neck of the woods? Do you find that some people believe the counter-revolutionary junta that took over the USA in 2000 should simply toddle off into comfy, cozy retirements? Please enlighten us with personal opinions, Mr. Shearer. I respect your wisdom.
See Harry Shearer's Profile
Nobody I know is talking about impeachment, let alone war crimes trials outside this country. Everybody's looking forward to....
I would like to see some simple criminal prosecutions.
The thing that has upset me the most about this election and in many ways spoils my ability to really get excited about Obama's win and the Democrats chances to get this country back on the right track again, is the injustice of Bush and Cheney and Rove wlaking away from all their self serving and destructive corruption and criminal incompetence and high crimes and misdemeanors without official exposure and censure.
I know it's too late for the Democrats to hold these guys accountable for all their abuses of power under their so-called "permenant campaign" to stay in power. Thanks, Nancy Pelosi. But after Obama gets sworn in he should appoint a special prosecutor or committee to investigate all of the abuses of power of the Bush/ Cheney administration and publish a report and even give a speech, exposing all of their abuses of power,and how the Republicans in Congress, like Tom Delay, enabled this, and say he is doing this so the American people will know how we got into the mess we are in and why he won't let this happen in his administration.
I'm not sure that retribution is such a good idea. It's the kind of thing you expect to happen in less democratic societies. I say don't tarnish the potentially great improvements in democracy in the US by going on a witch-hunt.
NOT "retribution", but holding everyone to a standard and the rule of law! No one is above the law and this is THE quintessential case....or there will never be one. "Witch hunt" implies a misdirected and specious search for scapegoats....this case is a clear undermining of our republic, honor and rule of law....for political purposes and advantage.....of bald faced lies and deceit.....of contempt for our cherished protections for the common person. Sunlight is the best disinfectant....and this Bush/Cheney/Yoo cabal has stunk up the place something fierce.
While it is too late for Congress to hold them responsible, I don't think any of them will dare travel out of the country in fear that some one will arrest them and haul them in front of the World Count for war crimes.
I am with you abluevoice. I worked hard to get Obama elected. I would work harder to get this "exposure and censure" that you speak of.
The little people of this country are held accountable for every little misdemeanor. The big guys walk away with their pockets bulging, full retirement and benefits, salutes and high paid speaking engagements when they should be in jail for the damage that they caused to the honor and reputation of our fine country, the asault on our Constitution and the unnecessary great loss of life and treasure.
Octoberon is right. We need to be careful about exercising retribution. I saw the quiet purges of the civil service by the Bush administration when I made the gross error of working for them. Yet when you see it happening in small agencies like the NEH you have to wonder. Of course, the Cheneyites tried to pretend that nothing out of the ordinary was happening and that it was just the normal course of business, but their agenda was pretty clear by the end of their first year in office. I think abluevoice is absolutely right about exposing the abuses of power under Cheney-Bush--all of them and in every agency. Another distressing element in these abuses of the executive is the complicity of part of the Supreme Court in supporting things like torture & holding prisoners.
President Obama: Renounce (via legislation to prohibit) those extra-Constitutional ways of doing business right AFTER you "rendition" to Gitmo every top level (or wannabe) Republican and Democratic politician for a few days of solitary confinement and a waterboarding session, without access to their family or a lawyer. That way, a likely future president, as well as current and future leaders of Congress, will then know exactly what it means to engage in these tactics and cannot claim ignorance ("It's not torture; it's simulated drowning.")
The only fear I have left is Bush going to do a "Pardon-a-looza" on all kinds of people involved in all the skulduggery of this administration. If he does so, then the ultimate cover-up for history will be complete. Maybe, just maybe, Obama can promise that there will be no jail time or heavy fines for those who cooperate with a Mandela style Truth and Reconciliation commission. A Truth and Reconciliation commission can only work if the people involved have something to fear for not cooperating and being truthful.
Obama believes the constitution is a living breathing doc. That means what he doesn't like he will change, the very thing you are all complaining about. I have a feeling most of you have a huge hang over coming in the near future.
How the hell will any of you fight here, if you can't stomach a war over seas? By the way, more people were murdered in Chicago this year then US soldiers in Iraq. Chicago has a 44 billion dollar pension short fall. Now he appoints a Chicago guy who worked for Fannie Mae to help him get started. Every part of the economic down fall has to do with liberal policies (affirmative action lending) and the first thing he does is appoint some one that played a huge roll in this mess. You voted with emotion and not logic, you can't raise taxes, punish businesses and increase gov spending in a down economy. Now they are looking at the New Deal to get ideas to help us out of this mess. Well the New Deal sent us into a depression for almost 10 years. So instead of half us living on Hope we all have to live on Hope. Let's Hope he gets it right, because he isn't offering anything new, he is offering something old and it didn't work.
That post is so factually inaccurate I don't know where to begin. So I won't.
Suffice to say, it shows a laughable attempt at revisionist history.
Yes it is obvious that some people will never learn that they've been sold a bill of goods for so long by so many people spouting so many repetitive lies. But it's not surprising....they've been suckered so long it feels normal. By the way, how many of the very regrettable deaths in Iraq this year were murdered GI's?
I only disagree about the timing. If I were O, I wouldn't want to say spit about this so long as Booo$hie remains prez. As soon as he's gone, turn the page and get rid of this crap and ensure it never happens again under ANY circumstances.
In answer to your closing question, Harry, let's hope so - because some of the perceptions of the outgoing administration are less than complimentary at the basic level of legitimacy. Have people forgotten what happened in Florida eight years ago? Perhaps not. On election night 2008, I'm sure I heard BBC anchorman David Dimbleby almost say "Bush regime" - only to stop and correct himself hurriedly!
Harry, please post this article or a link on change.gov.
See Harry Shearer's Profile
Yes I did.
Thank you, Mr. Shearer. I only read a few authors. Yours is required reading.
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