From The Guardian via truthout.org:
A State of Emergency
By Sidney Blumenthal
The Guardian UK
Thursday 01 June 2006
Bush is a danger to the Constitution in his wartime capacity as Commander in Chief.
Within the Bush administration something that senior officials call the "war paradigm" is the central organising principle. They do not use the phrase publicly, but they bend policy to serve it. After September 11 the war paradigm was instantly adopted. George Bush, who proclaimed "I'm a war president", assumed the paradigm as his natural state and right. According to its imperatives, the president in his wartime capacity as commander in chief makes and enforces laws as he sees fit, overriding the constitutional system of checks and balances. Some of the paradigm's expressions include Bush's fiats on the treatment of detainees, domestic surveillance and international law, and his more than 750 "signing statements" - interpretations of laws that he claims he can implement as he chooses.
In the beginning, the elements of the war paradigm appeared to be expediencies, conceived as emergency measures in the struggle against al-Qaida. But their precepts were developed before September 11 by John Yoo, promoted to deputy assistant attorney general in the office of legal counsel at the department of justice, where he was tasked to write secret memos on torture, surveillance and executive power.
Once Bush approved them, the clerisy of neoconservative lawyers put them into effect. They believe fervently that the constitution is fatally flawed and must be circumscribed. The Bush administration's holy grail is to remove suspects' rights to due process, speedy trial and exculpatory evidence. The war paradigm is to be strengthened to conduct permanent war against terror that can never be finally defeated. There is no exit strategy from emergency.
In the short run, Bush's defence of his war paradigm may precipitate three constitutional crises. In the first, freedom of the press is at issue. On May 21 Alberto Gonzales, the attorney general, announced the possibility that the New York Times would be prosecuted for publishing its Pulitzer prize-winning article on the administration's domestic surveillance. "It can't be the case," he said, that the first amendment trumps the right of the government "to go after criminal activity".
In the second case, a wartime executive above the law may be asserted. Last week the special prosecutor Patrick Fitzgerald, who charged the vice-president's former chief of staff Lewis "Scooter" Libby with perjury and obstruction of justice, made plain his intention to summon Cheney to the witness stand to impeach Libby's credibility or else commit perjury himself. But will the administration fight the subpoena as an infringement on a unitary executive that should be immune from such distractions in wartime?
In the third case, if either house of Congress should fall to the Democrats in the November midterm elections, the oversight suppressed during one-party rule would be restored. Would the administration refuse congressional requests for documents as it did when the Democratic Senate in Bush's first year asked for those pertaining to Cheney's energy taskforce, which reportedly included Enron's CEO Ken Lay, last week convicted on numerous counts of fraud?
Bush does not contemplate retreat from the war paradigm, which he embraces as his reason for being. After his 2004 victory he claimed he had had his accountability moment. But the constitution is an intricate mechanism of checks and balances that creates constant accountability. The question at the heart of Bush's politics is whether that can be indefinitely suspended and the constitution radically revised.
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Sidney Blumenthal, a former senior adviser to President Clinton, is the author of The Clinton Wars.
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