All Power to the President

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Gandalf Grey

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All Power to the President

By Robert Parry

Created Apr 2 2008 - 7:27pm


Though little discussed on the campaign trail, a crucial issue to be decided
in November is whether the United States will return to its traditions as a
constitutional Republic respecting "unalienable" human rights or whether it
will finish a transformation into a frightened nation governed by an
all-powerful President who can do whatever he wants during the open-ended
"war on terror."

That reality was underscored on April 1 with the release of a five-year-old
legal opinion from former Justice Department official John Yoo asserting
that President George W. Bush possessed nearly unlimited authority as
Commander in Chief, including the power to have military interrogators abuse
terror suspects.

While most news coverage of Yoo's March 14, 2003, memo [1] has focused on
the legal gymnastics justifying harsh treatment of detainees - including
possible use of mind-altering drugs - the centerpiece of Yoo's argument is
that at a time of war the President's powers are essentially unfettered.

Yoo's memo fits with views expressed by Bush ("The Decider") and many of his
top legal advisers. Yoo's opinion also appears to be shared by four
conservative Republicans on the U.S. Supreme Court - John Roberts, Antonin
Scalia, Clarence Thomas and Samuel Alito - just one vote shy of a majority.

Yoo's military interrogation memo - and a similar one he penned for the CIA
on torture - were withdrawn by Assistant Attorney General Jack Goldsmith
after he succeeded Yoo as the top official at the Justice Department's
powerful Office of Legal Counsel later in 2003. Goldsmith considered Yoo's
legal reasoning flawed.

But Goldsmith subsequently was pushed out of the job, and Bush is seeking to
fill the vacancy with Steven Bradbury, who signed off on Yoo's "torture
memos" while holding a lower position in the Office of Legal Counsel.

In other words, Bush has not given up on his vision of grandiose
presidential powers that let him act more like an English monarch before the
Magna Carta, who could pick out anyone under his domain and throw the person
into prison with no due process and no protection against torture or other
abuse.

Under the Bush-Yoo theories, all Bush has to do is pronounce a detainee "an
unlawful enemy combatant" - whether a U.S. citizen or not, whether there is
any credible evidence or not - and the person loses all human rights.

As radical - and as shocking - as these theories may seem to many Americans,
Bush is within one vote on the U.S. Supreme Court of having his vision
enshrined as "constitutional."

One More Vote

If one more vacancy occurs among the five "non-imperial" justices - and the
replacement is in line with Roberts-Scalia-Thomas-and-Alito - the U.S.
Constitution could be effectively altered to eliminate key individual
liberties - from habeas corpus and other fair-trial rights to bans on "cruel
and unusual" punishment to protections against self-incrimination and
"unreasonable searches and seizures."

Though civics books tell us that the Constitution can only be amended by
two-thirds votes of the House and Senate and approval by three-quarters of
the states, the reality is that five ideologues on the U.S. Supreme Court
can alter the nation's founding document by simply voting as a bloc.

And since the "war on terror" is unlike other wars - in that the enemy is
vaguely defined, the duration could be forever and the war's location can be
anywhere - the Bush-Yoo logic suggests that the de facto suspension of the
American constitutional Republic is not just a short-term emergency measure.

Instead, the shift from a Republic, with legal protections of individual
rights, to an Empire, led by an Executive who can operate without any
constraints, would be permanent. As long as the President says some danger
lurks out there, he or she could assert "plenary" - or total - powers as
commander in chief.

In his memo, Yoo argued that the 9/11 attacks "triggered" America's "right
to self-defense." Therefore, he wrote: "If a government defendant were to
harm an enemy combatant during an interrogation in a manner that might
arguably violate a criminal prohibition, he would be doing so in order to
prevent further attacks on the United States by the al-Qaeda terrorist
network.

"In that case, we believe that he could argue that the Executive Branch's
constitutional authority to protect the nation from attack justified his
actions."

Yoo further argued that even abuses that would "shock the conscience" - one
of Bush's standards for what might be considered torture - could be
mitigated by a subjective evaluation of the circumstances.

In other words, if the President or a subordinate judged the detainee to
represent some imminent threat or to be particularly odious, they would have
an even freer hand to act as they saw fit. Those judgments about shocking
the conscience would be left, again, to the Executive to decide
unilaterally.

Yoo's two memos were the underpinnings of the Bush administration's
treatment of detainees at Guantanamo Bay, Abu Ghraib and the CIA's secret
detention facilities.

The memos gave legal protection to U.S. interrogators and guards who
stripped detainees naked, hooded them, put ladies underpants on their heads,
paraded them in the nude, beat them, subjected them to extremes of hot and
cold, put them into painful stress positions, deprived them of sleep,
threatened them with death and - in three acknowledged cases - flooded their
covered faces with water in a simulated drowning known as waterboarding.

[For more details, see Neck Deep: The Disastrous Presidency of George W.
Bush [2].]

Shielding Abuses

Yoo's memos shielded interrogators from U.S. military intelligence and the
CIA, but did not spare the night guards at Abu Ghraib, who got stiff prison
terms after they made the cardinal mistake of photographing the humiliation
they inflicted on Iraqi detainees and letting the pictures reach the public.

In a comment to the Washington Post, Thomas J. Romig, who was the Army's
judge advocate general in 2003, said Yoo's military interrogation memo
appears to argue that there are no rules in a time of war, a concept that
Romig said he found "downright offensive." [Washington Post, April 2, 2008
[3]]

But the greater legacy from Yoo - who is now a professor of law at the
University of California in Berkeley - and his imperial legal theories is
that they have been embraced by many Bush supporters and four right-wing
Supreme Court justices.

Though Bush may not get another chance to further shape the Supreme Court
with the appointment of another Roberts or Alito, his successor likely will.
For some Americans angered by Bush's assault on the Constitution, John
McCain's past support for Bush's judicial appointments may represent one of
the strongest reasons to vote against him.

The future of the American Republic may be at stake.

Besides undergirding the abuses at Guatanamo and Abu Ghraib, the Bush-Yoo
theories have laid the groundwork for ending a noble experiment in human
liberty that the Founders began more than 230 years ago - with their defiant
declaration that no leader is above the law and that everyone possesses
"unalienable rights" under the law.
_______



--
NOTICE: This post contains copyrighted material the use of which has not
always been authorized by the copyright owner. I am making such material
available to advance understanding of
political, human rights, democracy, scientific, and social justice issues. I
believe this constitutes a 'fair use' of such copyrighted material as
provided for in section 107 of the US Copyright
Law. In accordance with Title 17 U.S.C. Section 107

"A little patience and we shall see the reign of witches pass over, their
spells dissolve, and the people recovering their true sight, restore their
government to its true principles. It is true that in the meantime we are
suffering deeply in spirit,
and incurring the horrors of a war and long oppressions of enormous public
debt. But if the game runs sometimes against us at home we must have
patience till luck turns, and then we shall have an opportunity of winning
back the principles we have lost, for this is a game where principles are at
stake."
-Thomas Jefferson
 
On Apr 3, 1:21�pm, "Gandalf Grey" <valino...@gmail.com> wrote:
> All Power to the President
>
> By Robert Parry
>
> Created Apr 2 2008 - 7:27pm
>
> Though little discussed on the campaign trail, a crucial issue to be decided
> in November is whether the United States will return to its traditions as a
> constitutional Republic respecting "unalienable" human rights or whether it
> will finish a transformation into a frightened nation governed by an
> all-powerful President who can do whatever he wants during the open-ended
> "war on terror."
>
> That reality was underscored on April 1 with the release of a five-year-old
> legal opinion from former Justice Department official John Yoo asserting
> that President George W. Bush possessed nearly unlimited authority as
> Commander in Chief, including the power to have military interrogators abuse
> terror suspects.
>
> While most news coverage of Yoo's March 14, 2003, memo [1] has focused on
> the legal gymnastics justifying harsh treatment of detainees - including
> possible use of mind-altering drugs - the centerpiece of Yoo's argument is
> that at a time of war the President's powers are essentially unfettered.
>
> Yoo's memo fits with views expressed by Bush ("The Decider") and many of his
> top legal advisers. Yoo's opinion also appears to be shared by four
> conservative Republicans on the U.S. Supreme Court - John Roberts, Antonin
> Scalia,ClarenceThomasand Samuel Alito - just one vote shy of a majority.
>
> Yoo's military interrogation memo - and a similar one he penned for the CIA
> on torture - were withdrawn by Assistant Attorney General Jack Goldsmith
> after he succeeded Yoo as the top official at the Justice Department's
> powerful Office of Legal Counsel later in 2003. Goldsmith considered Yoo's
> legal reasoning flawed.
>
> But Goldsmith subsequently was pushed out of the job, and Bush is seeking to
> fill the vacancy with Steven Bradbury, who signed off on Yoo's "torture
> memos" while holding a lower position in the Office of Legal Counsel.
>
> In other words, Bush has not given up on his vision of grandiose
> presidential powers that let him act more like an English monarch before the
> Magna Carta, who could pick out anyone under his domain and throw the person
> into prison with no due process and no protection against torture or other
> abuse.
>
> Under the Bush-Yoo theories, all Bush has to do is pronounce a detainee "an
> unlawful enemy combatant" - whether a U.S. citizen or not, whether there is
> any credible evidence or not - and the person loses all human rights.
>
> As radical - and as shocking - as these theories may seem to many Americans,
> Bush is within one vote on the U.S. Supreme Court of having his vision
> enshrined as "constitutional."
>
> One More Vote
>
> If one more vacancy occurs among the five "non-imperial" justices - and the
> replacement is in line with Roberts-Scalia-Thomas-and-Alito - the U.S.
> Constitution could be effectively altered to eliminate key individual
> liberties - from habeas corpus and other fair-trial rights to bans on "cruel
> and unusual" punishment to protections against self-incrimination and
> "unreasonable searches and seizures."
>
> Though civics books tell us that the Constitution can only be amended by
> two-thirds votes of the House and Senate and approval by three-quarters of
> the states, the reality is that five ideologues on the U.S. Supreme Court
> can alter the nation's founding document by simply voting as a bloc.
>
> And since the "war on terror" is unlike other wars - in that the enemy is
> vaguely defined, the duration could be forever and the war's location can be
> anywhere - the Bush-Yoo logic suggests that the de facto suspension of the
> American constitutional Republic is not just a short-term emergency measure.
>
> Instead, the shift from a Republic, with legal protections of individual
> rights, to an Empire, led by an Executive who can operate without any
> constraints, would be permanent. As long as the President says some danger
> lurks out there, he or she could assert "plenary" - or total - powers as
> commander in chief.
>
> In his memo, Yoo argued that the 9/11 attacks "triggered" America's "right
> to self-defense." Therefore, he wrote: "If a government defendant were to
> harm an enemy combatant during an interrogation in a manner that might
> arguably violate a criminal prohibition, he would be doing so in order to
> prevent further attacks on the United States by the al-Qaeda terrorist
> network.
>
> "In that case, we believe that he could argue that the Executive Branch's
> constitutional authority to protect the nation from attack justified his
> actions."
>
> Yoo further argued that even abuses that would "shock the conscience" - one
> of Bush's standards for what might be considered torture - could be
> mitigated by a subjective evaluation of the circumstances.
>
> In other words, if the President or a subordinate judged the detainee to
> represent some imminent threat or to be particularly odious, they would have
> an even freer hand to act as they saw fit. Those judgments about shocking
> the conscience would be left, again, to the Executive to decide
> unilaterally.
>
> Yoo's two memos were the underpinnings of the Bush administration's
> treatment of detainees at Guantanamo Bay, Abu Ghraib and the CIA's secret
> detention facilities.
>
> The memos gave legal protection to U.S. interrogators and guards who
> stripped detainees naked, hooded them, put ladies underpants on their heads,
> paraded them in the nude, beat them, subjected them to extremes of hot and
> cold, put them into painful stress positions, deprived them of sleep,threatenedthem with death and - in three acknowledged cases - flooded their
> covered faces with water in a simulated drowning known as waterboarding.
>
> [For more details, see Neck Deep: The Disastrous Presidency of George W.
> Bush [2].]
>
> Shielding Abuses
>
> Yoo's memos shielded interrogators from U.S. military intelligence and the
> CIA, but did not spare the night guards at Abu Ghraib, who got stiff prison
> terms after they made the cardinal mistake of photographing the humiliation
> they inflicted on Iraqi detainees and letting the pictures reach the public.
>
> In a comment to the Washington Post,ThomasJ. Romig, who was the Army's
> judge advocate general in 2003, said Yoo's military interrogation memo
> appears to argue that there are no rules in a time of war, a concept that
> Romig said he found "downright offensive." [Washington Post, April 2, 2008
> [3]]
>
> But the greater legacy from Yoo - who is now a professor of law at the
> University of California in Berkeley - and his imperial legal theories is
> that they have been embraced by many Bush supporters and four right-wing
> Supreme Court justices.
>
> Though Bush may not get another chance to further shape the Supreme Court
> with the appointment of another Roberts or Alito, his successor likely will.
> For some Americans angered by Bush's assault on the Constitution, John
> McCain's past support for Bush's judicial appointments may represent one of
> the strongest reasons to vote against him.
>
> The future of the American Republic may be at stake.
>
> Besides undergirding the abuses at Guatanamo and Abu Ghraib, the Bush-Yoo
> theories have laid the groundwork for ending a noble experiment in human
> liberty that the Founders began more than 230 years ago - with their defiant
> declaration that no leader is above the law and that everyone possesses
> "unalienable rights" under the law.
> _______
>
> --
> NOTICE: This post contains copyrighted material the use of which has not
> always been authorized by the copyright owner. I am making such material
> available to advance understanding of
> political, human rights, democracy, scientific, and social justice issues. I
> believe this constitutes a 'fair use' of such copyrighted material as
> provided for in section 107 of the US Copyright
> Law. In accordance with Title 17 U.S.C. Section 107
>
> "A little patience and we shall see the reign of witches pass over, their
> spells dissolve, and the people recovering their true sight, restore their
> government to its true principles. �It is true that in the meantime we are
> suffering deeply in spirit,
> and incurring the horrors of a war and long oppressions of enormous public
> debt. �But if the game runs sometimes against us at home we must have
> patience till luck turns, and then we shall have an opportunity of winning
> back the principles we have lost, for this is a game where principles are at
> stake."
> -ThomasJefferson



We were framed by the framers.

The US Supreme Court now has at least four members who will vote for
anything that serves the partisan interests of the Republican
Party.....AND...With such a puppet court, the Prince has more power
than George III.had.

Maybe the greatest blunder in the Constitution is in how Supreme Court
judges are appointed and approved

We were framed by the framers. AKA The Floundering Fathers

"Anyone who has the power to make you believe absurdities, has the
power to make you commit injustices."
--- Voltaire

Aleksandr I. Solzhenitsyn:
" You can have power over people as long as you don't take everything
away from them. But when you've robbed a man of everything, he's no
longer in your power."

I can't help but wonder: Would the Framers (Framers indeed) still
believe that the president should be the one to appoint candidates to
the Supreme Court? It is doubtful. And who said that judges should
serve for life? There's nothing in the constitution that says they
serve for life, it says "for good behavior."

SEE:
Beyond politics: Why Supreme Court justices are appointed for life
By Roger Cossack
Law Center Contributing Editor
http://www.cnn.com/2000/LAW/07/columns/cossack.scotus.07.12/

"Stupid is as stupid does."
-Forrest Gump

Maybe the greatest blunder in the Constitution is in how Supreme Court
judges are appointed and approved. The president should not be the one
to appoint anyone so eventually powerful for life to such a high
office. Judges are nominated for political reasons only and not
because they have exceptional legal acumen. In fact, it is generally
because of their narrow-mindedness on many issues that they are
candidates in the first place. All too often a political hack lawyer
like Clarence Thomas is appointed because he or she is in tune with
the political philosophy of the executive and his gang of bandits, or
because some ethnic or religious element has to be satisfied . As
well, the American people can be the losers when a hostile Senate
rejects a worthy presidential appointee. Would you ask the president
to nominate a surgeon to operate on you if you had a severe medical
condition that required an expert in the field needed to save your
life? Hell no, you would ask other surgeons and specialists - I hope.
The appointment and the voting for judges should be made by people
completely outside of government.

"When a stupid man is doing something he is ashamed of, he always
declares that it is his duty."
-George Bernard Shaw

SEE: A Nation in Trouble

Earlier post The Presidency has been the chief source of danger to
the American people since the very inception of the American Federal
republic.

http://groups.google.com/group/alt.politics/msg/b26a11ef00f73938

Several states have chosen to make judges, even state Supreme Court
judges, stand for election every so often. Their theory is that the
judiciary, like all other representatives of the people, should have
to answer to the people by getting votes. Several years ago,
California voters wisely ousted Chief Justice Rose Bird and three
other justices.

Theoretically, a jurist should not be involved in the political
spectrum. Yet, when a president appoints members of the Supreme Court,
it is only reasonable to believe that he or she will appoint people
who reflect his or her view or political agenda. After all, the
president has been voted into office on a platform that the citizens
agree with and therefore the president should do all he can to make
sure that his personal philosophy is put into place. What better way
to do it than to appoint jurists who agree with him. The problem is
that the president can, at the most, serve for eight years, and
Supreme Court jurists can serve as long as they live. Perhaps we
should start all over by calling for a Constitutional Convention and
create a completely new document.

Since the original document is printed on hemp, let the chimp
president smoke it and we can move on to a meaningful Constitutional
Convention.

"Some men are born great,
Some achieve greatness,
and some have greatness
thrust upon 'em."
--Shakespeare, Twelfth Night

"Our lives begin to end the day we become silent about things that
matter"
--- Martin Luther King

Also SEE:
Law Professors Debate Reforming the Supreme Court Term limits,
reducing the number of clerks discussed

Friday, April 22, 2005

Durham, N.C. -- The United States Supreme Court was called
a "gerontocracy" at a Duke Law School conference April 9 th, likened
to the leadership cadres of the Chinese Communist Party. But that
party is a step up on the Court, said Northwestern University Law
Professor James Lindgren in defending the charge: Its leaders are
required to retire at 80, while justices serve for life.

"Reforming the Supreme Court?" brought together top constitutional law
and Supreme Court scholars for a spirited discussion of the costs and
benefits of life tenure for justices, and an exploration of possible
alternatives. Organized by law professors Paul Carrington of Duke and
Roger Cramton of Cornell, who have co-authored a statutory proposal to
limit Supreme Court terms, the conference was sponsored by the Program
in Public Law.

Cont'd
http://www.dukenews.duke.edu/2005/04/Supreme.html

" The lawgiver, of all beings, most owes the law allegiance. He, of
all men, should behave as though the law compelled him. But it is the
universal weakness of mankind that what we are given to administer we
presently imagine we own."
--- H.G. Wells
Outline of History

"On the whole, the common men were fairly content to live under lord
or king or god and obey their bidding. It was safer. It was easier.
All animals-and man is no exception - begin life as dependents. Most
men never shake themselves loose from the desire for leading and
protection. Most men accept such conditions as they are born to
without further question."

--- H.G.Wells, Outline of History

62.040,606 Americans who voted for the Village Idiot Bush meet the
above quoted description.

God help the great American Empire.
Let us prey
Raymond
 
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