President Bush: Knock Yourself Out
I have a new theory on the impact of the George W. Bush presidency. I must also confess that my theory results from my utter amazement and frustration with the latest assertion by the Bush administration. The Washington Post is reporting that the Bush administration intends to argue that a claim of executive privilege will prevent the Justice Department from moving forward with contempt charges resulting from the investigation into the firing of a number of U.S. attorneys. In essence, the Bush administration intends to halt any efforts to bring contempt charges by asserting that executive privilege supersedes the authority of Congress.
Bush administration officials unveiled a bold new assertion of executive authority yesterday in the dispute over the firing of nine U.S. attorneys, saying that the Justice Department will never be allowed to pursue contempt charges initiated by Congress against White House officials once the president has invoked executive privilege.
“A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case,” said a senior official, who said his remarks reflect a consensus within the administration. “And a U.S. attorney wouldn’t be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to happen.”
Mark J. Rozell, a professor of public policy at George Mason University who has written a book on executive-privilege issues, called the administration’s stance “astonishing.”
“That’s a breathtakingly broad view of the president’s role in this system of separation of powers,” Rozell said. “What this statement is saying is the president’s claim of executive privilege trumps all.”
Strange as this may sound, I hope George Bush continues to push the limits of executive authority…I hope he continues to insinuate that his actions in Iraq are consistent with fulfilling god’s promise of freedom for all humans…I hope he continues to portray his actions as infallible…I hope he continues to operate as if the President is above the law.
I say this because I’m convinced that he is sounding the death knell for the evangelical movement. Let me be clear…I am not suggesting that there will be fewer evangelical fanatics who would like to see the United States function as a theocracy based upon the Bible. Fanatics rarely cease being fanatics.
However, I am suggesting that many of those who aligned with evangelicals in the 2000 and 2004 elections…people who shared a belief in god and values…will no longer find a candidate similar to George Bush acceptable…candidates who have a propensity to appear intoxicated with their proximity to divine knowledge and inspiration.
Further, given the fact that the percentage of Americans who report to be nonreligious is slightly over ten percent of the population (estimates suggest more than 30 million), along with the growing push back being exhibited by atheists and agnostics, I expect to see an increase in voters opposed to any further erosion of the separation of church and state…making it harder for candidates to succeed by brandishing their faith as their primary political asset.
David B. Rifkin, who worked in the Justice Department and White House counsel’s office under presidents Ronald Reagan and George H. W. Bush, praised the position and said it is consistent with the idea of a “unitary executive.” In practical terms, he said, “U.S. attorneys are emanations of a president’s will.” And in constitutional terms, he said, “the president has decided, by virtue of invoking executive privilege, that is the correct policy for the entire executive branch.”
But Stanley Brand, who was the Democratic House counsel during the Burford case, said the administration’s legal view “turns the constitutional enforcement process on its head. They are saying they will always place a claim of presidential privilege without any judicial determination above a congressional demand for evidence — without any basis in law.” Brand said the position is essentially telling Congress: “Because we control the enforcement process, we are going to thumb our nose at you.”
Rozell, the George Mason professor and authority on executive privilege, said the administration’s stance “is almost Nixonian in its scope and breadth of interpreting its power. Congress has no recourse at all, in the president’s view. . . . It’s allowing the executive to define the scope and limits of its own powers.”
I also think the American public is much wiser than men like George Bush may assume. Keep in mind that this is the same President who boasted about his “earned” political capital when he won a narrow victory in 2004…the same president that now struggles to maintain the approval of 30 percent of the voting public. Not surprisingly, men like George Bush are emboldened by majority consensus…but they are also adept at diminishing and disregarding those occasions when the majority finds their actions unacceptable. No doubt it is an inherent flaw of the absolutist mind.
I’m inclined to think that voters see the election and presidency of men like George Bush as touchstone events which provide the momentum to reverse the proverbial swing of the left/right pendulum. The notion that the culture of the United States had deteriorated such that a shift towards faith and values seemed reasonable culminated in the Bush presidency. Notwithstanding, I believe the Bush presidency will also serve as the impetus for the demise of that trending.
Perhaps my theory is wishful thinking but I suspect that the 2006 election was the first evidence that a shift was in progress. Given that much of what voters objected to prior to the 2006 election still exists or has become even more troubling, I would expect to see 2008 as a further step in the shifting sentiment. All indications suggest that President Bush’s final months in office will provide further motivation and added evidence that a reversal is in order.
Mr. President, have at it…you’re increasingly dictatorial actions will undoubtedly provide the best argument for wholesale change. As with Richard Nixon, your predisposition for more power is absolute. What you fail to realize is that each added demonstration of your intransigent and insatiable hunger will only serve to bolster the resolve of the American voter…a resolution that history will note was spoken loud and clear…one that said “Never again”!
July 20th, 2007 at 8:07 pm
I posted about this on my own blog and I used this article as well. But one thing this article doesn’t tell you:75 times in the modern era the Presidents men and women have been called before congress. Only 4 have refused. But they worked it out and gave Congress the information they wanted. No President has taken this all the way to the Courts in the modern era. Even Nixon had a total of 5 of his inner circle appear unwillingly before Congress. All of Clintons inner circle appeared between MonicaGate and Whitewater. This is outrageous and there is no precident. I just hope the damn republicans remember this when the Democrats take the White House in 09..with all these ridiculous powers for themselves.
July 21st, 2007 at 6:43 am
I suppose it is too much to hope that they impeach him. I assume they can set up a special prosecutor
July 21st, 2007 at 9:48 am
Apparently the Washington Post’s writers can’t keep their own stories straight from one day (the story linked to in this post) to the next. This "bold new theory" is exactly the theory that Clinton and (as these two clowns pointed out even in yesterdays joke of a report) Reagan administrations operated under. Bold new theory! Heh! New as in at least two decades old!
July 21st, 2007 at 10:14 am
Christopher, as I understand it, no, they can’t set up a special prosecutor. They can ask the Justice Department to do so but, well, you can guess the chances of that happening what with Bush’s stance here. See that’s the thing…separation of powers. The DoJ is under the Executive branch, not the legislative. Since all Executive authority is vested in the President, according to Article II of the Constitution, if the President nixes it, it ain’t happening. From what I’ve read, Congress can hold something known as an "inherent contempt" hearing, something rarely done and which hasn’t been used in some 70 years and, at least according to the Washington Post is not currently being contemplated.
July 21st, 2007 at 10:58 am
Setting up a Special Prosicutor takes the cooperation of the DoJ Christopher..and the Pres has already said that aint happening.
July 21st, 2007 at 5:37 pm
Clinton not only asserted executive privilege to keep aides from testifing, it was taken to court and he lost. The first to lose since Nixon.
Here is the link:
http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr050698.htm
Here is the first line from the story:
"A federal judge has ruled that President Clinton cannot use the power of his office to block prosecutors from questioning his senior aides, rejecting Clinton’s assertion of executive privilege in the Monica S. Lewinsky investigation, lawyers familiar with the decision said yesterday."
July 22nd, 2007 at 5:59 pm
Mannapp, I’ve never seen anyone manage to both defeat their own agruments AND morally equivicate at the same time like you. Astounding.
JMJ
July 23rd, 2007 at 10:08 am
JMJ, I was responding to Dusty’s comment not equivicating as you say. She said:
"No President has taken this all the way to the Courts in the modern era. Even Nixon had a total of 5 of his inner circle appear unwillingly before Congress. All of Clintons inner circle appeared between MonicaGate and Whitewater. This is outrageous and there is no precident. "
I am not defeating MY argument. I am going after hers. I should have said so in my first comment for those that have difficulty following along.
This also goes to Daniels statement:
"Strange as this may sound, I hope George Bush continues to push the limits of executive authority"
Pushing the limits of executive authority (or being accused of such) is nothing new and I suspect that whoever the next president facing a hostile congress will be accused of doing the same. Anytime one is astounded at the audacity of this president is becomes neccessary to remind them of the past. Again I marvel at the same charges being leveled as were against Clinton with only the roles of the left and right being reversed.
July 23rd, 2007 at 10:30 am
You are correct manapp..but..your article is about a special prosecutor NOT a Congressional committee investigation..big difference Sir.
July 23rd, 2007 at 12:52 pm
Exactly, Dusty. You point stands well.
JMJ
July 23rd, 2007 at 12:54 pm
Thank You Jersey..wonder if manapp will respond…because MY point still stands.
July 24th, 2007 at 9:01 am
OK Dusty, my error. So it would be ok if Bush were to block aides from testifying to a special prosecutor, like say Fitzgerald, but not ok to block them from testifying to a congressional committee. I misunderstood the intent of your post. I thought the emphasis was on the "not testifying to an investigation" part. Apparently of greater importance is the fact the not testifying is to a congressional committee (which we all know is fair and non political) as opposed to a prosecutor hired by congress to investigate for them. I stand corrected.
July 24th, 2007 at 9:57 am
First, it’s not my post manapp. Second are you being obtuse? Of course it’s not ok for any President to refuse to cooperate, but at least going through the courts expeditiously is something that would be amenable at this point. But I doubt that Congress would get a fair ruling..BushCo has stacked all the federal courts quite well in the last 6years.