"In the past, even presidents were not above the law."

the quaint, good ole days...

January 31, 2007

Op-Ed Contributor

Bush Is Not Above the Law

By JAMES BAMFORD

Washington

LAST August, a federal judge found that the president of the United States broke the law, committed a serious felony and violated the Constitution. Had the president been an ordinary citizen — someone charged with bank robbery or income tax evasion — the wheels of justice would have immediately begun to turn. The F.B.I. would have conducted an investigation, a United States attorney’s office would have impaneled a grand jury and charges would have been brought.

But under the Bush Justice Department, no F.B.I. agents were ever dispatched to padlock White House files or knock on doors and no federal prosecutors ever opened a case.

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Not my Commander in Chief

Garry Wills addresses a pet-peeve of mine in today's NY Times:

January 27, 2007

Op-Ed Contributor

At Ease, Mr. President

By GARRY WILLS

Evanston, Ill.

WE hear constantly now about “our commander in chief.” The word has become a synonym for “president.” It is said that we “elect a commander in chief.” It is asked whether this or that candidate is “worthy to be our commander in chief.”

But the president is not our commander in chief. He certainly is not mine. I am not in the Army.

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[...] The president is not the commander in chief of civilians. He is not even commander in chief of National Guard troops unless and until they are federalized. The Constitution is clear on this: “The president shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”

When Abraham Lincoln took actions based on military considerations, he gave himself the proper title, “commander in chief of the Army and Navy of the United States.” That title is rarely — more like never — heard today. It is just “commander in chief,” or even “commander in chief of the United States.” This reflects the increasing militarization of our politics. The citizenry at large is now thought of as under military discipline. In wartime, it is true, people submit to the national leadership more than in peacetime. The executive branch takes actions in secret, unaccountable to the electorate, to hide its moves from the enemy and protect national secrets. Constitutional shortcuts are taken “for the duration.” But those impositions are removed when normal life returns.

But we have not seen normal life in 66 years. The wartime discipline imposed in 1941 has never been lifted, and “the duration” has become the norm. World War II melded into the cold war, with greater secrecy than ever — more classified information, tougher security clearances. And now the cold war has modulated into the war on terrorism.

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