The resignation of Alberto Gonzales as attorney general is certainly welcome. As both White House counsel and attorney general, Gonzales was an enabler of unconstitutional Bush/Cheney policies such as illegal wiretapping, torture, and denial of habeas corpus, along with the politicization of the Justice Department.
However, Gonzales was not the source of these policies. The source was, and continues to be, President Bush and Vice President Cheney. Replacing Gonzales, even with an attorney general who is somewhat more supportive of the rule of law, will not change these unconstitutional policies, any more than the resignation of Donald Rumsfeld changed Bush's Iraq policy (except possibly to escalate it). Senate Democrats, as well as the handful of Republicans who believe in the Constitution, should use the leverage they have to confirm, or refuse to confirm, a new attorney general, to force the Bush/Cheney administration to depoliticize the Justice Department and to restore basic Constitutional liberties.
The Democratic majority Congress should promptly pass legislation restoring the Constitutional rights of the American people that have been destroyed by the Bush/Cheney administration and the former Republican Congress, including:
1. Immediately revise the temporary amendments to the Foreign Intelligence Surveillance Act (FISA) which were rushed through Congress before the August recess. Those amendments permit the National Security Agency, without individualized warrants from the FISA court, to wiretap anyone "reasonably believed to be outside the United States," with no need to show any connection to terrorist activity and no protections against intercepting the communications of U.S. Citizens inside the United States. There may be limited and legitimate amendments to the FISA Act which would permit warrantless wiretapping of communications between terrorist suspects who are all outside the United States, even if the communications technically pass through United States communications systems. But if the executive wants to spy on people inside the United States, it should need a warrant from the FISA court upon a reasonable showing of probable cause that the spying is connected to a terrorism investigation or other crime. The executive should also be required to report to Congress on the extent of its wiretapping activities, so the Congress can carry out its Constitutionaly mandated duties of providing oversight.
2. Repeal those provisions of the Military Commissions Act of 2006, passed by the formerly Republican Congress, which eliminated the right of habeas corpus and allowed the use of evidence extracted using cruel, inhuman and degrading treatment (read torture). The act allows the executive, without the constitutional checks and balances of judicial review, to declare anyone (arguably even American citizens) as "unlawful combatants" and to deny them the constitutional right of habeas corpus to appeal their status in court. Republican Senator Arlen Spector has said that the habeas corpus provisions of the Act violates the guarantees of the Constitution (which go back in common law nearly 1000 years) that guarantee that the right to habeas corpus (i.e. the right to challenge detention) "shall not be suspended" except in cases of "rebellion or invasion" which do not apply. The Senate should restore the Constitutional right of habeas corpus. In addition, the provisions that allow the use of evidence extracted through torture discredits the United States in the eyes of the world and should be repealed.
There may be other legislation required as well to undo the the Bush/Cheney regime's undermining of the Constitutional liberties of the American people and the discrediting of the American justice system in the eyes of the world.
With such legislation passed by Congress, the Senate Democrats and the few Republican Senators who believe in the Constitution should tell the president that it will not confirm anyone he appoints as attorney general until he signs it. In addition, they should tell the president that they will not confirm a new attorney general until Bush withdraws his illegal claim of executive privilege and allows Karl Rove and Harriet Miers to testify before Congress about their roles in the firing of the 12 U.S. Attorneys.
Standing up to the Bush/Cheney administration for the Constitutional rights of the American people would help the Democratic Congress (whose poll ratings have fallen even below those of the president) to show the American people that they have courage and principals. Of course I'm probably dreaming. Consistent with their behavior in passing FISA Amendments before running off for summer vacation, they will probably do little except posture in the confirmation hearings, fearing that Republicans will label them "soft on terrorism" for believing in the Constitution and doing something about it.
But if Congress doesn't restore Constitutional liberties as the price of confirming a new Attorney General, then it's "meet the new boss, same as the old boss." Even if Bush nominates someone for attorney general who is arguably better than Alberto Gonzales (a pretty low bar), it will be of little use if the Senate allows the unconstitutional policies of the Bush/Cheney regime, which were aided and abetted by Gonzale, to stand.
However, since the Dems want power just as much and the Repocons, it ain't very likely.
As you have correctly noted, the Democrats will strut and posture in investigative committee sessions. They will huff, puff, and harrumph, and make just enough noise to keep their partisan constituency satisfied, or at least hopeful (and faithful).
It's painfully obvious that politicians don't act on high principle, or accept their Constitutional duties as anything other than a "quaint" ideal. Everything is weighed on the scales of strategy, tactics, and "realpolitik".
The Dems will acquiesce to whatever choice President Unitard makes, and explain that their acquiescence, though regrettable, is necessary because it would be unthinkable to allow an already capsized Justice Department to recover without a leader.
I'll be the first to apologize if I'm proved wrong.
Yes,we all know that terrorists are real and the danger is there,but lets actually do the things that the 9/11 commission suggested that will increase security without destroying the Constitution. Please,will some of our leaders step up to the plate and be brave?
Both Congress and the Federal courts still demonstrate their subservience to the Executive branch at every substantive turn.
Apparently, equally illusory is the supposition that elections and individual votes have any real consequence.
Some problems prove so intractable that they have no practical solution. We seem to be at that point now.
No doubt the Democrats knew that when Gonzo made his graceless exit, someone even worse, like Michael Chertoff, would be waiting in the wings to turn the American public against the GOP even more completely.
Rather than impeach the former AG, they were content to let him follow Rove back to the ranch. Impeachments are messy, and turn up all kinds of things that even Dems might not want exposed.
Populist Dem Edwards has said, No impeachments. Hang the Bush Admin around the GOP's neck. What a cynical, spineless man Edwards is.
We Americans must take measures into our own Constitutional hands and recall, recall, recall all incumbents.
which (LITERALLY) makes bUSH Emperor in the event of a bad thunderstorm (while suspending elections on ALL levels),
And the following Executive Order, http://www.whitehouse.gov/news/releases/2007/07/20070717-3.html which (LITERALLY) authorizes seizure of the assets of any reporter, citizen or congressman who speaks against THE SURGE.
If our rights were truly guaranteed, lawmakers would not have the ability to take away foundational American rights.
It is now well establihed that ours is a government of men, not of laws. The rule of law is not valued or practiced and laws exist for the oppressors who make them, not for the people who agreed to live under them by voting for the royalist class in Washington.
As Mr. Bush has proved with his extreme abuse of this discretionary power, some individuals simply cannot be trusted with special privileges. That's why our Founders did not allow it, and it's why we must not.
Of course, Congress should also impeach Mr. Bush and Mr. Cheney, but unfortunately, our Congress cannot be trusted to act responsibly any more, either.
Failure to impeach exposes this weak Congress for what they are: unAmerican thugs.
Unless substantive changes are required by Congres in order to restore oversight, no Attorney General should be confirmed. Otherwise
we will be faced with an exact repeat of the swap of Rumsfeld for Gates: Sure, Gates is a more reasonable figure than his predecessor, but his appointment has not resulted in more reasonable policies, because the strings of power are held elsewhere. The AG is simply a front for the unconstitutional policies of Addington and his client Cheney.
And Cheney is determined to get FISA on the books permanently in a few months. Unfortunately, this Congress has a habit of not reading the fine print of the legislation they are supposed to be writing themselves. They instead focused on Gonzales' absurdity, which was indeed egregious, but he was absurd only because he was required to be by those behind the scenes pulling his strings. Unless Cheney, Addington, et al. can be forced out of the shadows, Congress would be ill advised to approve any nominee for AG.
Enough is enough.
but they won't.
Please recognize the fact that they are also in the pocket of the same unAmerican bunch that has run the government under Bush.
Look carefully at them all. Get rid of anything with a Neocon stain.