George W. Bush v. The U.S. Constitution
By Rep. John Conyers (D-Mich.)
In This Article
http://www.inthesetimes.com/site/main/article/2868/
George W. Bush Versus the U.S. Constitution: The Downing Street
Memos and Deception, Manipulation, Torture, Retribution,
Coverups in the Iraq War and Illegal Domestic Spying
By John Conyers Jr., Anita Miller, Joseph C. Wilson
Academy Chicago Publishers · $16.95
In July 2005, 122 members of Congress, along with more than
500,000 Americans, sent a letter to President George W. Bush,
asking him to verify whether the assertions set forth in the
so-called “Downing Street Minutes” were accurate. The president
never responded.
That lack of response prompted Rep. John Conyers (D-Mich.),
Ranking Member of the House Judiciary Committee, to commission
his staff to write a report examining the administration’s
manipulation and deception during the lead-up to the invasion of
Iraq. When the New York Times reported in December 2005 that
President Bush had approved widespread warrantless domestic
surveillance of innocent Americans, (later corroborated in May
2006 by USA Today), Conyers asked his staff to document those
abuses as well. The final report, “The Constitution In Crisis,”
released in August with little attention from the mainstream
media, is a compelling indictment of the Bush administration.
Academy Chicago Publishers recently published the report as a
book, titled George W. Bush versus the U.S. Constitution. Below,
In These Times has excerpted the book’s foreword by Rep.
Conyers, who explains the dangers to the Constitution posed by
the Bush administration’s assertion of a “unitary executive.”
Scandals such as Watergate and Iran-Contra are widely considered
to be constitutional crises, in the sense that the executive
branch was acting in violation of the law and in tension with
the majority party in the Congress. But the system of checks and
balances put in place by the Founding Fathers worked, the abuses
were investigated, and actions were taken—even if presidential
pardons ultimately prevented a full measure of justice.
The situation we find ourselves in today under the
administration of George W. Bush is systemically different. The
alleged acts of wrongdoing my staff has documented—which include
making misleading statements about the decision to go to war;
manipulating intelligence; facilitating and countenancing
torture; using classified information to out a CIA agent; and
violating federal surveillance and privacy laws—are quite
serious. However, the current majority party has shown little
inclination to engage in basic oversight, let alone question the
administration directly. The media, though showing some signs of
aggressiveness, is increasingly concentrated and all too often
unwilling to risk the enmity or legal challenge from the party
in charge. At the same time, unlike previous threats to civil
liberties posed by the Civil War (suspension of habeas corpus
and eviction of Jews from portions of the Southern States);
World War I (anti-immigrant “Palmer Raids”); World War II
(internment of Japanese-Americans); and the Vietnam War (COINTELPRO);
the risks to our citizens’ rights today are potentially more
grave, as the war on terror has no specific end point.
Although on occasion the courts are able to serve as a partial
check on the unilateral overreaching of the executive branch—as
they did in the recent Hamdan v. Rumsfeld decision invalidating
the president’s military tribunal rules—the unfortunate reality
remains that we are a long way from being out of the
constitutional woods under the dangerous combination of an
imperial Bush presidency and a compliant GOP Congress. I say
this for several reasons. The Hamdan decision itself was
approved by only five justices (three justices dissented, and
Chief Justice Roberts recused himself because he had previously
ruled in favor of the administration) and was written by 86-year
old Justice Stevens. In the event of his retirement in the next
two years, the Court’s balance would probably be tipped as he
would undoubtedly be replaced by another justice in the
Scalia-Thomas-Roberts-Alito mode, favoring an all-powerful
“unitary” executive. In the very first hearing held on the
decision, the administration witness testified that “the
president is always right,” and severely criticized the Court’s
decision. The Republican majority also appears poised to use the
decision to score political points rather than to reassert
congressional prerogatives: that House Majority Leader Boehner
disingenuously declared the case “offers a clear choice between
Capitol Hill Democrats who celebrate offering special privileges
to violent terrorists, and Republicans who want the president to
have the necessary tools to prosecute and achieve victory in the
Global War on Terror.”
Thus, notwithstanding the relevance of the Hamdan decision, I
believe our Constitution remains in crisis. We cannot count on a
single judicial decision to reclaim the rule of law or resurrect
the system of checks and balances envisioned by the Founding
Fathers. Rather, we need to restore a vigilant Congress, an
independent judiciary, a law-abiding president, and a vigorous
free press that has served our nation so well throughout our
history.
I believe it is essential that we come together as a nation to
confront religious extremism and despicable regimes abroad as
well as terrorist tactics at home. However, as a veteran, I
recognize that we do no service to our brave armed forces by
asking them to engage in military conflict under false pretenses
and without adequate resources. Nor do we advance the cause of
fighting terrorism if our government takes constitutionally
dubious short cuts with little law enforcement value, that
alienate the very groups in this country whose cooperation is
central to fighting this seminal battle.
Many of us remember a time when the powers of our government
were horribly abused. Those of us who lived through the Vietnam
conflict know the damage that can result when our government
misleads its citizens about war. As one who was included on
President Nixon’s “enemies list,” I am all too familiar with the
specter of unlawful government intrusion. In the face of these
lessons, I believe it is imperative that we never lose our voice
of dissent, regardless of political pressure. As Martin Luther
King said, “There comes a time when silence is betrayal.” None
of us should be bullied or intimidated when the executive branch
charges that those who criticize their actions are “aiding the
terrorists” and “giving ammunition to America’s enemies,” or
when the executive warns that “Americans need to watch what they
say,” as this administration has done.
It is tragic that our nation has invaded another sovereign
nation because “the intelligence and facts were being fixed
around the policy,” and that millions of innocent Americans have
been subject to government surveillance outside proper legal
process. It is unforgivable that Congress has been unwilling to
examine these matters or take actions to prevent these
circumstances from occurring again. Since the majority party is
unwilling to fulfill their oversight responsibilities, it is
incumbent on individual members of Congress, as well as the
American public, to act to protect our constitutional form of
government.
It should be noted that without the assistance of the
“blogosphere” and other Internet-based media, it would have been
impossible for my staff to assemble all of the information,
sources and other materials that they did, and I would like to
offer them my heartfelt thanks. Whereas the so-called
“mainstream media” have frequently been willing to look past the
abuses of the Bush administration, the blogosophere has proven
to be a new and important bulwark of our nation’s First
Amendment freedoms.
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Video: Bill Maher, New Rules, neo Cons
http://movies.crooksandliars.com/Maher-NewRules-NeoCons.mov
Very Funny:
Asylum Street Spankers Video
http://www.youtube.com/watch?v=KmsOIjzQ1V8
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