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Saturday, December 17, 2005

Just do it.
Posted by Jill | 7:02 AM

I remember when Jack Cafferty was the slightly cranky 6 PM news anchor on the New York NBC affiliate. He always brought the snark, but now that he's aged into curmudgeontude, he's without peer, especially up against the Blitzer-bot. He'd become a bit too right-wing for my taste in recent years, but there's nothing like the Bush Administration to make a principled conservative angry. Too bad there's so few of them.

Daily Dissent has Cafferty's latest shiv into the soft underbelly of the Bush Administration:

Who cares about whether the Patriot Act gets renewed? Want to abuse our civil liberties? Just do it.

Who cares about the Geneva Conventions. Want to torture prisoners? Just do it.

Who cares about rules concerning the identity of CIA agents. Want to reveal the name of a covert operative? Just do it.

Who cares about whether the intelligence concerning WMDS is accurate. Want to invade Iraq? Just do it.

Who cares about qualifications to serve on the nation's highest court. Want to nominate a personal friend with no qualifications? Just do it.

And the latest outrage, which I read about in "The New York Times" this morning, who cares about needing a court order to eavesdrop on American citizens. Want to wiretap their phone conversations? Just do it. What a joke. A very cruel, very sad joke.


Shorter Bush Administration: "Warrant? We don't need no es-teenking warrant."

Let's go to one of the Caffertys of Blogtopia, shall we?

Digby:

Look, the problem here, again, is not one of just spying on Americans, as repulsively totalitarian as that is. It's that the administration adopted John Yoo's theory of presidential infallibility. But, of course, it wasn't really John Yoo's theory at all; it was Dick Cheney's muse, Richard Nixon who said, "when the President does it, that means it's not illegal."

This was not some off the cuff statement. It was based upon a serious constitutional theory --- that the congress or the judiciary (and by inference the laws they promulgate and interpret) have no authority over an equal branch of government. The president, in the pursuit of his duties as president, is not subject to the laws. Citizens can offer their judgment of his performance every four years at the ballot box.

[snip]

He, like Nixon, believes that the president has only one "accountability moment" while he is president. His re-election. Beyond that, he has been given a blank check. And that includes breaking the law since if the president does it, it's not illegal, the president being the executive branch which is not subject to any other branch of govenrment.

John Yoo, the former deputy attorney general who wrote many of the opinion undergirding these findings (on torture as well as spying) explains that the congress has no right to abridge the president's warmaking powers. Its only constitutional remedy to a war with which they disagree is to deny funding; they can leave the troops on the field with no food or bullets.

I suspect that there are many more of these instances out there in which the administration has simply ignored the law. They believe that the constitution explicitly authorizes them to do so.


I'm still waiting for Driftglass to weigh in.
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