By
Kenneth J. Theisen, 5/27/06
On the weekend of May 20, 2006 the Bush regime launched an
attack on the separation of powers doctrine and the right of a free press.
Significantly, both attacks originated with the actions and words of Attorney
General Gonzales, the chief law enforcer (or is that breaker) in the nation.
These attacks are part of the continuing effort to expand the imperial presidency
or the unitary executive theory under this administration and to eliminate any
so-called checks and balances between the branches of government.
The first attack broke precedent and crossed the separation
of powers line between the presidency and Congress. On Saturday, May 20, more than a dozen FBI agents conducted an
overnight search of the Congressional office of Representative William J.
Jefferson (D-La.). Ostensibly the
search was conducted as part of an ongoing bribery investigation. Jefferson is
accused of taking bribes for promoting business ventures in Africa. The search was authorized by Gonzales. (As I write this, Congress and the President
have brokered a deal to turn over the seized records to the Solicitor General
and to seal the records for 45 days.
This does not change the fundamental character of what is at stake. Bush admitted as much in his statement on
the deal, ‘Our government has not faced such a dilemma in more than two
centuries) it is clear these differences will require more time to be worked
out.’)
The very next day, Gonzales appeared on ABC’s This Week but not to talk about the
search.
He was asked if journalists could be prosecuted for publishing
classified information. He responded by
saying, ‘There are some statutes on the book which, if you read the language
carefully, would seem to indicate that that is a possibility.’ He was also asked about the investigation
into the leaks to the New York Times that led to the revelation of the National
Security Agency’s surveillance of phone calls and emails. He responded, ‘We are
engaged now in an investigation about what would be the appropriate course of
action in that particular case, so I’m not going to talk about it
specifically) We have an obligation to enforce the law and to prosecute those
who engage in criminal activity.’ During the interview he also admitted that
the Bush administration would not hesitate to track phone calls made by
reporters as part of a criminal leaks investigation.
The overnight search of congressional offices has raised
even the ire of long-term Bush supporters.
Dennis Hastert, the Speaker of the House stated, The actions of the
Justice Department in seeking and executing this warrant raise important Constitutional
issues that go well beyond the specifics of this case) since the founding of our
Republic 219 years ago, the Justice Department has never found it necessary to
do what it did Saturday night, crossing the Separation of Powers line.’ House Majority Leader John Boehner, told
reporters that Congress will deal with, ‘this issue of the Justice Department’s
invasion of the legislative branch.’
(As I write this,
further developments indicate that these attacks are out of control. ABC news has reported that an unnamed law
enforcement source says that Hastert is ‘in the mix’ of an ongoing federal
investigation of bribery and influence peddling. Hastert charged that the leak
came from the Justice Department as retaliation for his objections to the
Congressional search. ‘This is one of
the leaks that come out to try to, you know, intimidate people,’ Hastert told a
radio station.)
What would drive the Bush regime to so openly attack the New
York Times and the media and raise concerns even among right-wing congress
members on the same weekend by conducting an ‘invasion’ of Congress? It would
appear that these actions are an attempt to expand presidential powers, to
break down even the few limits that a compliant Congress and media have
attempted to set up since Bush took office.
The attacks are in keeping with past precedent of the
administration. In conducting the NSA
surveillance the administration circumvented the courts. Even though the FISA court granted almost
all requests for wiretaps, the President bypassed even this minimal
restriction. In obtaining tens of millions of phone records the administration
merely signed contracts to do so with the phone companies. In launching and conducting the war in Iraq
the regime just ignored numerous international laws, as it did in its treatment
of prisoners. As we now know, the
Geneva Convention and other laws that forbid torture are quaint in the eyes of
Attorney General Gonzales.
It has become abundantly clear that Bush chafes at any
limits on his power. Years ago, Richard Nixon in an interview with David Frost
stated if the president does it, ‘that means it is not illegal.’ In a written
answer to the Senate Select Committee investigating his domestic intelligence
operation, Nixon elaborated on his interpretation of the unitary executive
theory, ‘It is quite obvious that there are certain inherent governmental
actions which undertaken by the sovereign) are lawful but which if undertaken by
private persons are not.’ Bush seems to expand this theory to the proposition
that what he does is legal under his ‘inherent powers’ as the sovereign
and if someone exposes or opposes what he does, they are acting illegally.
The Bush regime has attacked the courts and judges when they
have interfered with its plans. It has refused fair trials to those accused as
‘terrorists’ or ‘enemy combatants.’ It limits the access to courts, attorneys
and other legal rights. It refuses to
seek warrants even when they are rubberstamped by the FISA court. It has
consistently appointed right-wing judges in an effort to control the courts.
Inconvenient laws are just ignored.
The legislative branch is allegedly a co-equal branch of
government as are the federal courts.
But even though the Bush regime has a majority of both houses it does
not want to share power for fear that this will interfere with its ability to
consolidate total control. It even refuses to go before Congress to change laws
that it believes the president can ignore or re-interpret. This president has also made unprecedented
use of signing statements.
These are statements the president issues when he signs a
bill. Since 2001, Bush has issued 750
signing statements. In these statements he writes caveats and his own
interpretation of the laws stating which parts he intends to ignore or twist to
his view. Congress has not challenged the President on these statements. For
instance when he finally signed the bill outlawing torture of detainees, his
signing statement stated, ‘The executive branch shall construe [the law] in a
manner consistent with the constitutional authority of the President) as
Commander in Chief.’ In other words, if I want to order torture, I will, and
Congress be damned.
The search of the Congressional office, the failure to
consult Congress or at least the majority around surveillance, and the signing
statements are all consistent with the Bush regime’s view that the executive
branch is supreme. The other branches of government must follow the President’s
lead. The administration will undoubtedly continue to neutralize the
legislative and judicial branches.
The press is often considered the ‘fourth branch’ of
government. Obviously Gonzales’
statements are an attempt to neutralize this branch as well as the other two.
No one in the media has missed the message inherent in these statements. We may prosecute you if you report on our
secret activities. Of course the
occasional jailing of reporters for protecting sources has also helped deliver
this message loud and clear. And the administration
has done this too and will continue to do so. But for the most part
intimidation has worked well enough at least with the mainstream media. Look upon Sunday’s statements as a warning
to the press. Of course it is a warning backed up by real jails and the Chief
law enforcement officer of the U.S.
The bottom line that this administration is delivering to
Congress and the media with these recent attacks is that they better fall in
line. The Bush regime needs to consolidate power here at home so that it can
continue to dominate and expand its power abroad. Dissent, even of the mildest kind, can not be tolerated. Keep your mouth shut and fall into lockstep
with our regime or face the consequences. It has all the subtlety of the horse
head in the bed in the Godfather movie.
But then this regime does not see the need for subtlety.
But we need to understand that the Bush regime is acting out
of desperation with these recent actions. Bush’s approval ratings are in a
downward spiral. The vast majority see
what the policies of this administration have done to the world. The regime is
trying to silence critics because it realizes that people will no longer put up
with its lies. While we need to deplore these attacks, we also need to seize
the opportunity to further arouse the anger that exists toward the regime. We need
to direct this anger toward action to drive the Bush regime from power. For
more information on how to do this, see worldcantwait.org.
Kenneth J. Theisen is an organizer with The World Can’t
Wait! Drive Out the Bush Regime! He frequently writes on national and
international issues.