Washington, D.C.
Political harmony v. the rule of law: an easy choice for the political establishment
The belief that high government officials should be exempt from the rule of law is pervasive across the political class
(updated below – Update II)
Former Congressman Harold Ford appeared at the Netroots Nation conference yesterday, argued that Bush officials shouldn’t be held accountable for crimes they committed while in office, and then insisted that Democrats shouldn’t be expected to defend civil liberties and Constitutional rights because — as one observer summarized Ford’s point — “the Constitution doesn’t poll very well.” In arguing against prosecutions for Bush lawbreaking, Ford said that Bush officials already have been subjected to accountability for their lawbreaking: “‘I think that accountability was brought in 2006 when [the GOP] lost in the House and the Senate,’ Ford said. ‘And we have only eight more months of George W. Bush . . .’”
Regarding Ford’s argument, casual_observer says in comments:
I think this is it, in crystallized form. “Accountability” equals loss of majority for one’s party. Majority — power — is all that matters. ‘Law’ comes in a distant second, if it is considered at all.Ford proudly terms himself a ‘centrist’ in the Democratic Party, but this position is radically un-democratic, and when viewed logically, is every bit as bad as the logic of Rove, Yoo, or Addington. It is anathema to a truly functioning democratic government.
That’s certainly true, but it’s hardly an uncommon view. Quite the contrary. I’d say that Ford’s view is as much a shared, Bipartisan Article of Faith among our political class as any other single idea. Here’s what The New Yorker‘s Jane Mayer reported last week during her Washington Post chat:
Albany New York: I’ve already ordered your book from Amazon, but am very interested in your take on why there’s been no little effective political opposition to any of this Administration’s initiatives. Is it a question of limited public awareness or interest, or a more political calculation that one shouldn’t appear to be soft on terrorism?Jane Mayer: Since you’re in New York, let me tell you about a conversation I had with one of your senators, Chuck Schumer. When I asked him why, given his safe seat, and ostensible concern for civil liberties, he didn’t speak out more against the Bush Administration’s detention and interrogation programs, he said in essence that voters don’t care about these issues. So, he said, he wasn’t going to talk about them.
Writing from the Netroots Nation conference, The Nation‘s Ari Melber detailed what he calls “Bipartisan Attacks on the Rule of Law,” and specifically highlighted the fact that close Obama adviser, Professor Cass Sunstein of the University of Chicago, “cautioned against prosecuting criminal conduct from the current Administration” during a Conference panel. As Melber wrote:
Prosecuting government officials risks a “cycle” of criminalizing public service, [Sunstein] argued, and Democrats should avoid replicating retributive efforts like the impeachment of President Clinton — or even the “slight appearance” of it.
As I documented last week, the idea that the Rule of Law is only for common people, but not for our political leaders and Washington elite, is pervasive among the political and pundit class, in both parties. While common Americans should be imprisoned in record numbers when they break the law, the worst that should happen to the political elite when they commit crimes is that they should be voted out of office. That’s the dominant mentality governing how our political system works.
For all the talk about how radical and lawless the Bush administration has been, this widely-shared view that our political leaders should be immune from consequences for lawbreaking is the administration’s defining belief. After the 2004 election, President Bush held a news conference and was asked about the failures in Iraq, and this is what he said:
QUESTION: Why hasn’t anyone been held accountable, either through firings or demotions, for what some people see as mistakes or misjudgments?THE PRESIDENT: Well, we had an accountability moment, and that’s called the 2004 election.
On December 16, 2005 — the day after the NYT revealed that Bush was breaking the law in spying on Americans without warrants — Digby noted that exchange and wrote:
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 government.
But it isn’t only the Bush administration that believes that. That was why Gerald Ford was widely praised for pardoning Nixon (Ford said “he acted to restore harmony and move on”). That’s the same argument used by Bush 41 to pardon Iran-contra lawbreakers, and it’s what the Washington Establishment said when — liberal and conservative pundits alike — they defended those pardons of Casper Weinberger and the other Iran-contra lawbreakers:
Another favored Republican was Reagan’s Defense Secretary Caspar Weinberger, who like Shultz earned his insider spurs during the Nixon administration. Weinberger’s false Iran-contra testimony was even more blatant than Shultz’s, causing Walsh to indict Weinberger for perjury in 1992.The Washington elites rallied to Weinberger’s defense. In the salons of Georgetown, there was palpable relief in December 1992 when President Bush pardoned Weinberger and five other Iran-contra defendants, effectively ending the Iran-contra investigation.
Washington Post columnist Richard Cohen spoke for many insiders. In a column, Cohen described how impressed he was that Weinberger would push his own shopping cart at the Georgetown Safeway, often called the “social Safeway” because so many members of Washington’s Establishment shopped there.
“Based on my Safeway encounters, I came to think of Weinberger as a basic sort of guy, candid and no nonsense — which is the way much of official Washington saw him,” Cohen wrote in praise of the pardon. “Cap, my Safeway buddy, walks, and that’s all right with me.” [WP, Dec. 30, 1992.]
As Atrios pointed out and documented, “This was the basic view of much of the establishment ‘liberal’ commentariat.”
And this is exactly what we are now hearing from the likes of Harold Ford, Chuck Schumer, Cass Sunstein, David Broder, Tim Rutten, and on and on and on — criminal prosecutions for government lawbreakers are far too disruptive and politically untenable and unfair. The only fair reaction is just to vote them out of office or wait until they leave on their own accord. All of the Beltway platitudes are trotted out — we can’t look backwards, or “criminalize policy disputes,” or get caught up in unpleasant battles over prosecutions when we have too many other important problems too solve — all in order to argue that, no matter what happens, our glorious political leaders should never be held accountable in a court of law, like everyone else is, when they break the law.
Why would we expect political officials to do anything other than break the law if we continuously tell them — as we’ve been doing — that they are exempt from consequences? And how can Bush — or Nixon — be criticized for conceiving of the Presidency as being above the law when that’s how our political establishment, including many Democrats, explicitly conceive of it as well?
In today’s The New York Times, Charlie Savage reports that right-wing activists have already begun agitating for full-scale pardons for all parties involved in Bush’s illegal surveillance and torture programs:
As the administration wrestles with the cascade of petitions, some lawyers and law professors are raising a related question: Will Mr. Bush grant pre-emptive pardons to officials involved in controversial counterterrorism programs?Such a pardon would reduce the risk that a future administration might undertake a criminal investigation of operatives or policy makers involved in programs that administration lawyers have said were legal but that critics say violated laws regarding torture and surveillance. Some legal analysts said Mr. Bush might be reluctant to issue such pardons because they could be construed as an implicit admission of guilt.
But several members of the conservative legal community in Washington said in interviews that they hoped Mr. Bush would issue such pardons — whether or not anyone made a specific request for one. They said people who carried out the president’s orders should not be exposed even to the risk of an investigation and expensive legal bills.
“The president should pre-empt any long-term investigations,” said Victoria Toensing, who was a Justice Department counterterrorism official in the Reagan administration. “If we don’t protect these people who are proceeding in good faith, no one will ever take chances.”
Emily Lawrimore, a White House spokeswoman, would not say whether the administration was considering pre-emptive pardons, nor whether it would rule them out.
Given the widespread consensus in our political class that criminal investigations and prosecutions for the crimes of political leaders are terribly uncouth and disruptive, it seems as though few things are more unnecessary than issuing pardons of this sort. But if Bush does end up issuing full-scale pardons for anyone involved in his illegal torture and surveillance programs, how can the Democratic leadership and pundit class object? They’re busy arguing now that the rule of law isn’t applicable to high government officials and that we should — once again — just overlook and forget about the rampant lawbreaking by our Government.
Full-scale pardons are just the natural extension of this view — as is future presidential lawbreaking. We can pretend that Bush and Nixon had radical and fringe views of presidential lawbreaking but those views are far more accepted than such pretenses suggest.
UPDATE: About Harold Ford’s appearance at Netroots Nation, Ezra Klein says that because the netroots is so much more powerful and influential within the Democratic Party than the DLC is, it’s unnecessary for the netroots to battle against the likes of Harold Ford. It’s truly baffling how anyone could have watched the Bush-enabling Democrats over the last two years and claim that the DLC mentality is marginalized and the netroots mentality is predominant. If anything, the fading away of the DLC is a function of the fact that its worldview predominates in the Democratic Party and there’s thus no need for an organization like that to try to “reform” the Democrats by making them “centrist.” At Talk Left, Armando elaborates on that point.
UPDATE II: On a side (though not entirely unrelated) note, the aforementioned Obama friend, Cass Sunstein — protector of Bush lawbreakers, advocate of illegal Bush spying and radical presidential powers, and fierce critic of blogs as “anti-democratic” — earlier this month married beloved Obama foreign policy adviser Samantha Power. It’s amazing how these sorts of circles always end up being so cozily closed.
Follow Glenn Greenwald on Twitter: @ggreenwald. More Glenn Greenwald.
D.C. firm inks lucrative public-relations contract with Bahrain
As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job
A Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali)(Credit: AP) Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.
So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Poll: Public sides with Obama on deficit
The potentially catastrophic effects of a default are finally sinking in with Americans
In this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak)(Credit: AP) Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.
62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Lobbyists are overtaking Congress
Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled
(Updated below)
A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Shariah law instituted steps from the White House!
Predicting an overblown right-wing outrage
Do I spot crescents in this CityCenterDC promotional brochure? There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
What line between civilian and military authority?
An increasingly powerful Pentagon is taking over the culture of Washington
U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010. I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.
In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).
Continue Reading CloseWilliam J. Astore is a retired lieutenant colonel. He has taught cadets at the U.S. Air Force Academy, officers at the Naval Postgraduate School, and currently teaches at the Pennsylvania College of Technology. He is the author of "Hindenburg: Icon of German Militarism," among other books. He may be reached at wastore@pct.edu. More William Astore.
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