Breakfast of Champions

oh yeah...the bob loblaw law blog

Tuesday, July 18, 2006

How is this not bigger news?

So, I've been trying to avoid the political arena here for a bit, but I just couldn't stop myself after seeing a summary of Alberto Gonzales's testimony in front of Specter, Leahy and the boys of the Justice Committee.

I know you are capable of reading the article yourselves, but there are a few points that I just can't avoid repeating. First, after receiving his subpoena to appear in front of the Committee, Albie managed to not submit his written statement on time. This isn't the HUAC we're talking about; where i'm from, a letter from the US Congress asking for your testimony to rationalize your clearly illegal activities should get your attention.

But the bigger point is that when the Office of Professional Responsibility was directed by Congress to investigate, they were unable to get started due to an inability to get security clearance; these clearances were personally denied by our President. It is exactly this type of abuse of power that calls for the immediate appointment of a Special Prosecutor, who then obviously has to be given the clearance to do their job. After a slightly encouraging possibility of the program at least being reviewed by FISA, it is now clear that this would be a paper review at best - which I guess we all should have known from the start. In fact I think the Wiretappers made a strategic flaw here...if you are going to be investigated, why not be investigated by FISA? They are almost certainly the court with the most expansive view of the power of the Executive.

Any concerns that a further review of the program would further declassify it are completely ridiculous; the existance of the thing is known to pretty much everybody right now, and knowing what safeguards (if any) are there to protect the rest of us is hardly going to make the thing less secret! The question I would like to ask is...where does it stop? Is there anything the Unitary Executive is NOT allowed to do?

1 Comments:

Blogger Dan Craig said...

I don't think it does stop, and honestly, I find myself wondering what will happen as the presidency shifts to the next person. I wonder if the 22nd Ammendment doesn't apply in "wartime".

I've thought that the Cheney-led adminstration subscribes to an authoritarian philosophy, but now there are even Republicans saying the same thing. On NPR's OnPoint the other day , John Dean, former counsel to Richard Nixon, the imperial president himself, very bluntly says that this adminstration is proto-authoritarian. He's written a book about it called Conservative Without Conscience. I'm looking forward to reading it.

7:34 PM  

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