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Will Bunch

Will Bunch

Posted February 18, 2009 | 10:20 PM (EST)

Reagan, Bush and How Presidents Got To Be Above the Law


Are you frustrated that George W. Bush, Dick Cheney and their minions plotted torture tactics, illegal wiretapping,, political manipulation of the Justice Department and other alledgedly unlawful acts inside the White House - and seem to have gotten away with it? You should be. Are you looking for someone to blame? How about Ronald Reagan? Or more accurately, the politicians and members of the media who let Reagan and some key aides - not to mention Reagan's long-term reputation -- largely get away with one of the worst scandals in White House history.

Because make no mistake, there is a straight line from the great political escape of Ronald Reagan - who went from failed president to near Mt. Rushmore status with the help of a well-oiled myth machine and a national case of amnesia - to the wanton and largely unchallenged lawbreaking at 1600 Pennsylvania Avenue under G.W. Bush. The Iran-Contra experience began to solidify the notion that national unity and presidential strength are more important than making sure that presidents or even their key staffers followed the law, and that serious offenses that don't involve petty matters like sex are merely non-prosecutable "policy differences."

As someone who graduated college and launched a career in journalism during Reagan's presidency, I was a little surprised to learn last year - as I researched my book "Tear Down This Myth: How the Reagan Legacy Has Distorted Our Politics and Haunts Our Future" - the extent to which everyday Americans don't remember much about the Iran-Contra affair. I should not have been - after all, there's a whole generation of American voters who was watching "The Smurfs" in Saturday morning when the Gipper was in the White House. But the Iran-contra affair was nothing less than a major subversion of the U.S. Constitution. Democrats in Congress had passed a measure called the Boland Amendment that barred military aid to right-wing rebels in Central America, a lethal pet project of Team Reagan. To undermine that ban, administration aides secretly traded weapons to our supposed adversaries in Iran, seeking to free Middle Eastern hostages, reaped illegal profits from the deals and used those to fund the anti-Communist rebels, in defiance of Congress.

When the scheme unraveled, there were televised hearings, and there was expressed outraged - and one-third of Americans told pollsters that Reagan should resign as Richard Nixon had done a decade earlier. But the '70s were a very different time - members of Congress in both parties took very seriously their job in investigating and then holding impeachment hearings over the Watergate break-in, the cover-up and related offenses. But the aftermath frightened many Americans, who linked the bad news of the later 1970s, from Arab oil embargoes to stagflation to the fall of Saigon and the Iran hostages, to a weakened presidency.

Thus, there was a pre-determined notion not to go after Reagan too hard, especially because many in Congress worried that old age (the Gipper was 76 in 1987) had diminished Reagan's capacities. As I write in "Tear Down This Myth":

As the new Speaker of the House in 1987, Texan Jim Wright would have been tasked to oversee the impeachment of Reagan, and he candidly admitted a few years after the fact that he just didn't have the stomach for that, and that the congressional investigations of Iran-Contra that did take place were therefore rushed. "I hoped there would not be the discovery of an impeachable offense," Wright told reporters in 1993. "I didn't want to focus on such a divisive subject. I may have bent over backwards in error."


In 1990, legendary investigative reporter Seymour Hersh wrote a lengthy investigation of the Iran-Contra probe, focused on how the rules and timing were rigged to avoid finding any culpability for Reagan. Hersh explained the ground rules, set down two months before Reagan himself came clean on what he knew. "At an early caucus in January [1987], according to one participant, the Senators reached one easy consensus. 'We didn't want to go after the president,' the participant said. 'He was too old,' with too little time left in office. The Senators "honestly thought the country didn't need another Watergate. They were urgently hoping to avoid a crisis. There was another consensus, the participant added: the President did not have the mental capacity to understand what had happened."

Few imagined that the Iran-Contra scandal would fade from the American consciousness, but it did, to the extent that the Reagan Library in Simi Valley, Calif., gets away with no mention at all in any of its expansive exhibit spaces. The thing is, it was one easy step from the non-impeachment to the decision by Reagan's successor George H.W. Bush, who had some links to the scandal as the Gipper's vice president, to pardon some key figures like former Defense Secretary Caspar Weinberger. By now, the modern template was beginning to take shape, that it was a bad idea to go after White House officials including the president on "policy matters," even if a policy was in clear violation of the law -- as would be the case with torture directives a generation down the road.

Instead, politicians and the press could focus on the seemingly non-partisan (though not really) less murky "objective lie" - the issue that led to the impeachment of Bill Clinton in the Monica Lewinsky scandal, which had none of the Constitutional nor global implications of Iran-Contra. By the time of the Bush outrages, there were now layers of reasons not seriously investigate them -- that - ironically - the Lewinsky experience had soured Congress (but not citizens) on impeachment, and also the notion that Bush could just pardon wrongdoers, maybe even himself, anyway. Now, with a new president who wants to "look forward," it appears highly unlikely that anyone will be ever prosecuted for the Bush offenses, and even more down-to-earth Truth Comission plan is drawing opposition from Congress that it might hurt the American economy.

The end result is this: To make Richard Nixon, sadly, a truth-teller when he told David Frost that "when the President does it, that means it is not illegal."

 
 
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HUFFPOST SUPER USER
littleblackcat
05:42 PM on 03/13/2009
Thank you, Mr. Bunch. I will be buying your book as soon as the heating oil season is over here in New England.
I have said for years reagan ws well gone into senility when he was installed in office, and hopelessly so for his second term. He was supposed to have "swept" Syracuse, New York in '84. I was living there in "84 and I conducted my own poll (un-scientific, of course) and out of 152 people asked, NOT ONE answered in the affirmative when asked if they had voted for reagan. Many of that group, asked outside of a Price Chopper supermarket in N. Syracuse, had more than a few very derogatory comments to make about reagan.
10:51 AM on 02/22/2009
If we start charging presidents with crimes committed during their presidency, we are setting a dangerous precedent.
12:05 PM on 02/22/2009
You've already set one by letting another one go without "Accountability ' and its no wonder "Our Nation is a cesspool of Corruption, Greed, Lies, and Deceit.
07:31 PM on 02/22/2009
No, we're setting a Constitutional precedent. What could possibly be wrong with that?
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HUFFPOST SUPER USER
glockman
05:47 PM on 02/21/2009
*Sigh*

He left out FDR, Kennedy, Johnson...
02:22 PM on 02/21/2009
nice try,,, but who and what adiministrations have been charged, indicted, impeached and convicted.... Those of the Clinton and Obama admnistrations... Bush , no crimes , charges or indictements...,,, Hell how many of Obamas, cohorts are felons
08:35 PM on 02/22/2009
Clinton was not impeached, indicted, or convicted, nor, to my knowledge, was anyone in his administration. And who, exactly, in the Obama administration has been "charged, indicted, impeached, and convicted?" Way to invent history.
HUFFPOST SUPER USER
Geauterre
Writer, Author, Commentator and Humorist.
09:18 AM on 02/21/2009
If this surprises you enough to write a book about it, maybe you should take a moment to study some Revolutionary history. Ever hear of the Whiskey Rebellion? That, not Reagan's pecadillos showed the way to Washington's (sic) indiscretions and adipose mea culpas.

The problem we have in this country, foremost above all other concerns, is that we have a Presidency at all. We should have something far more different...for instance, a committee made up of the finest minds of the nation?

No. No, that wouldn't be right. It robs us of the notion that ludicrous dolts can ever achieve greatness. And that wouldn't be American.
01:59 AM on 02/21/2009
Reagan was a fraudulent "store front" figure whose personal was used as a
smokescreen for TRULY EVIL REPUBLICAN AGENDAS and
corrupt policies that ended up crashing America's economy and
weakening the country.
06:47 PM on 02/20/2009
Could this be why we are not meet in the streets by women and roses when we take are tanks into
other countries bringing them democracy and freedom.
03:04 PM on 02/20/2009
I find it incredibly disturbing that the Republicans yelled ra.pe when Clinton had an affair with an intern but let (and praise) Bush, Cheney, et. al. get away with torture; an illegal war based on false intelligence (resulting in hundreds of thousands of deaths and loss of trillions of dollars); outing a CIA agent in retaliation; spying on citizens; trashing the environment; standing idly by while an entire city drowned; demonstrating clear hostily and disregard for the homeless, the poor, and the middle class; violating human rights protocol; ignoring pre-9/11 briefings; and essentially wiping their as.ses with the Constitution in 8 years while the entire world watched in horror as these two id.io.ts heading the executive branch and their crooked cronies sc.re.wed the world in every way imaginable.
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HUFFPOST SUPER USER
Pearlswan
Born in Philly yet my heart's now in Frisco
05:12 PM on 02/20/2009
Second that.
HUFFPOST SUPER USER
boycottrightwingthings
END WAR on women vote Dem 2014!
11:40 PM on 02/20/2009
THIRD that.
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HUFFPOST SUPER USER
nirek
Proud progressive Vietnam vet. against WAR
07:05 PM on 02/20/2009
I feel the same way, and I've been saying that before bush the w, reagan was the worst president we have had. This story makes me feel vindicated !
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HUFFPOST SUPER USER
Pearlswan
Born in Philly yet my heart's now in Frisco
02:56 PM on 02/20/2009
Actually, it was George HW Bush's scandal, Iran-Contra. He used his CIA contacts to make the deals and move the weapons. Reagan probably was all but clueless. Reagan was the puppet president of the Bush Regime. What was most offensive to me was when the American people elected Bush-41 as president when it was clearly obvious that he was the man at the center of the Iran-Contra scandal. Come on, Reagan was an actor from California, not an arms dealer. It was Reagan's ideology and his ego that blinded him from what was really going on around him, I believe. Reagan wasn't that smart. That's why Nancy had to read him his horoscope everyday. Bush and his cronies kept Reagan mostly in the dark. All you have to do to know its true is to read about the Bush family history and how they got their power in the first place, duh.
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HUFFPOST SUPER USER
FearlessFreep
A radical leftist with a JS Woodsworth avatar.
01:30 AM on 02/21/2009
And Bush Sr. then gave cabinet appointments to two of the three members of the Tower Commission that had "investigated" Reagan's Iran dealings. (Why yes, that commission's report did go easy on Bush!) At least Tower got rejected by Congress.
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HUFFPOST SUPER USER
legalgirl
Just a legal girl on a mission for the truth
09:47 PM on 02/22/2009
To me, the bombshell is "the President did not have the mental capacity to understand what had happened" means our country was being governed by someone in mid-stage Alzheimer's disease, which probably means it was being governed by Bush, Sr., his VP. Very interesting . . .
02:56 PM on 02/20/2009
Great article and one appreciated by one of those individuals who was watching The Smurfs and eating cereal while old Ronnie was at 1600 Pennsylvania.
02:22 PM on 02/20/2009
There is only one thing that puts Bush and friends above the law now. Barrak H. Obama.
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HUFFPOST COMMUNITY MODERATOR
ConfuciusSay-
Aglets: their purpose is sinister.
10:19 PM on 02/22/2009
This is sadly true.
01:25 PM on 02/20/2009
LBJ used a big lie, the Gulf of Tonkin non-incident, to get us deep into Vietnam. Do you think there weren't any war crimes while LBJ was President? Where was that investigation? You could make the case it gave Nixon the feeling he could do anything with regards to the war. Kennedy beat Nixon by the slimmest of margains with much help from Chicago and Texas. You don't think there was any corruption there? Do you think the internment of Japenese-Americans during WW II was legal? The Supreme Court said it was and if any of the crimes that Bush is accused of makes it to this Supreme Court they will all be deemed as legal.
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HUFFPOST SUPER USER
Pearlswan
Born in Philly yet my heart's now in Frisco
03:10 PM on 02/20/2009
Wow! A national legacy we can all be proud of, huh?
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
03:21 PM on 02/20/2009
First, I hope that you're wrong about the SCOTUS.

Second, you're right, Johnson did do wrong. However, like I say about Bush, lying, even to get us into war (or farther into war....) is not an impeachable offense. Nixon broke every law that he thought he could get away with, including destroying civil rights, which IS an impeachable offense!!!!
07:36 PM on 02/22/2009
Perjury is considered a high crime/misdemeanor. Lying before Congress is perjury. So despite what you think, constitutional scholars say otherwise.
MThomasNC
Retired, Sassy, Senior Citizen
12:33 PM on 02/20/2009
The repubs are using all their power to keep propping up Reagan. So far it's working, but history will not be kind to him - for his policies and his cronies have brought forth what we are experiencing today.
Just like Nixon who should have been taken to jail got away with crimes, the Rumfelds, the Cheneys, the Roves - all learned how to defraud the people, the constitution during his adminstration and Reagans.
Why does bad things happen to good people under Republican Adminstrations, like the 1929 stock market crash and subsequent depression (Hoover), the big recession in 1981-82 (Reagan), S&L crisis in 1989 along w mini stock market crash (Bush I), IranContra (Reagan), 2008 global & economic meltdown (Bush II). Then it takes a democratic adminstration to clean it up again.
03:25 PM on 02/20/2009
Reagan inherited a 7.5% unemployment rate and a 21.5% prime interest rate from Jimmy Carter. If the 1981-82 recession was caused by Reagan's then likewise the current 2001 economic crisis was caused by Obama.
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
12:30 PM on 02/21/2009
The 1981-82 recession was a worsening of the economy which seems directly tied to Reagan's policies. In fact, in 1980, when Carter was voted out, things were better than they'd been in 1976, and were IMPROVING. Suddenly, out of nowhere, we saw HUGE tax cuts, followed by a recession........ I wonder.....

Additionally I think that you meant to point out that the 200*9* Depression, not the 2001 recession.
11:24 AM on 02/20/2009
I did see a good article somewhere about why it is bad policy for current presidents to pursue the wrongs of the previous administrations. The case was made that this is why each change of power in the banana republics is so horrible. Everytime there was a change of power the outgoing administration has to do everything possible to protect itself from retribution by the next admin. This leads to evidence and people suddenly disappearing and it also leads to the bloody fights to stay in power.

The thing that sets us apart is that after each change, the people accept it because they know their are not going to be gangs in the street demanding irrational retribution for perceived offenses of the previous administration.

If there were any real evidence then there would not be a discussion but I have yet to see any congressman bring up anything but sketchy accusations.
11:57 AM on 02/20/2009
you clearly don't remember the fisa bill last summer and what the main fight was over- immunity for the telecoms, which was really immunity for the administration. now in order to seek immunity that means that you are admitting that you broke the law. that is not an accusation that is a fact. it would be a far worse fate for this republic if the currant administration does nothing, becuase eventually with no prosecutions, all future president and those who work for them will feel above the law, which is disrespecting the constitution, which was set up to hold goverment, especially the executive branch, accountable to the people
12:04 PM on 02/20/2009
I am not advocating they get a free ride from breaking the law but declaring immunity is hardly an admission of guilt.

I am just saying we have to be careful, if there were laws broken and that can be proved proceed. But if this is a witch hunt because of an idealogical difference then that is a slippery slop to go down.
11:54 PM on 02/20/2009
"If there were any real evidence"

you -- and your ilk -- just refuse to acknowledge it, even when it is thrust in your face.

Bush's appointed Senior Judge and Convening Authority for Guantanamo, Susan Crawford, admitted -- on the record -- that torture had been committed.

That IS the Bush Administration admitting WAR CRIME.

But you'll ignore this, along with the other 50,000+ sources that are easily available to anyone sincerely interested in truth.... which you obviously are not.
10:54 AM on 02/20/2009
You forgot to include the drug dealing that he engaged in with his contras. So you too have forgotten that it was public knowledge that raygun laughed about having so much cash that it wouldn't fit in the White House safe. Cheney has a much bigger safe, you know.