Reidblog [The Reid Report blog]

Think at your own risk.
Friday, January 30, 2009
Mining the Huffpo: the Bush blotter
Two must-read articles on the HuffPo, both having to do with the legal twists and turns of the former president.

First up: Bush's last minute end run around accountability, in the form of letters issued to memebers of his now defunct administration, attempting to immunize them against probes by Congress:
Michael Isikoff reported for Newsweek that while many of us were fomenting about Bush preemptively pardoning at-risk members of his administration, he and his lawyer Fred Fielding (White House Counsel) were concocting one last expansion of executive privilege. Four days before he left office, Mr. Bush authorized Fielding to write letters to Harriet Miers and Karl Rove giving them "absolute immunity" from Congressional inquiry and prosecution. Preemptively. In perpetuity. Absolute and irrevocable.

The letters set the stage for what is likely to be a highly contentious legal and political battle over an unresolved issue: whether a former president can assert "executive privilege" -- and therefore prevent his aides from testifying before Congress -- even after his term has expired.

These letters were delivered before Congress or any prosecutor had initiated action against Miers and Rove. Clearly Bush sought to inoculate Rove and Miers from all attempts to prosecute them for their actions during his administration. Only when John Conyers (Chairman, House Judiciary Committee) subpoenaed Mr. Rove did the letters come to light. Waving his letter in the air, Karl Rove refused to appear before the committee.

Read the full Isikoff piece here. Meanwhile, Dick Cheney gave his own set of interviews, all but daring the new administration to charge him with a war crime for ordering torture, he says, at Bush's behest. Wonder if he has a letter, too...

Next up: Slate uncovers a college thesis by none other than Liz Cheney (the non-gay Cheney offspring, who apparently was an inspiration to her father in more ways that one. The thesis was called "The Evolution of Presidential War Powers 1988." ...
In 1988, while Dick Cheney was Wyoming's sole representative in the House of Representatives, his daughter's senior thesis was quietly published in Colorado Springs. The 125-page treatise argued that, constitutionally and historically, presidents have virtually unchecked powers in war. Thirteen years before her father became vice president, she had symbolically authored the first legal memorandum of the Bush administration, laying out the same arguments that would eventually justify Guantanamo and extraordinary rendition, wiretapping of American citizens, and, broadly, the unitary theory of the executive that shaped the Bush presidency.

Elizabeth's thesis contains such gems as the justifiable fabrication of enemy attacks to launch pre-emptive wars, and other nuggets of the founding father's hidden intent:
Elizabeth Cheney begins her survey at the Constitutional Convention. Contrary to today's middle-school mythology, she tells us, fear of enabling a tyrannical monarch was not foremost in the Founding Fathers' minds. Rather, they did not want to repeat the failure of the Continental Congress' attempts to manage the war for independence. Our constitutional architects, she argues, believed they could not "foresee every possible future use of American armed forces" and, as a result, wanted a commander in chief endowed with great latitude in wartime.

For Cheney, Thomas Jefferson established the path presidents would and should take when dealing with Congress. In engaging American warships against Barbary pirates, Jefferson "chose to inform Congress of his actions at his own convenience." When he did, he fabricated an attack on an American ship to secure their support.

Scary stuff. Read the full story here.

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posted by JReid @ 11:07 PM  
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"I am for enhanced interrogation. I don't believe waterboarding is torture... I'll do it. I'll do it for charity." -- Sean Hannity
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