Bush constructed a hidden world of his "war on terror" consisting of "black sites," secret CIA prisons holding thousands of "ghost" detainees deprived of legal due process and approved methods of torture. Cheney insisted it was necessary to go to "the dark side," as he called it.
Attorneys in the Office of Legal Counsel in the Department of Justice wrote numerous memos to justify the "unitary executive" and the president's unfettered right to engage in torture and domestic spying. Bush's White House legal counsel Alberto Gonzales (appointed Attorney General in the second term) derided the Geneva Conventions against torture as "quaint" and Bush overruled strenuous objections from the military, Secretary of State Powell and senior officials in the Department of Justice in abrogating U.S. adherence to them. Indeed, Bush signed a directive stipulating that as commander-in-chief he could determine any law he wished in dealing with those accused of terrorism.
At Gonzales's request, on August 1, 2002, the Office of Legal Counsel at the Justice Department sent him a memo on torture. It was signed by OLC's director Jay Bybee (later appointed a federal judge) and written by an OLC deputy, John Yoo, who drafted at least a dozen crucial memos justifying absolute presidential power. In this memo, the president's authority to conduct torture without any oversight and by rules he determined was asserted as fundamental to his power: "Any effort by the Congress to regulate the interrogation of battlefield combatants would violate the Constitution's sole vesting of the Commander in Chief authority in the President." The memo defined torture specifically and broadly: "Physical pain amounting to torture must be equivalent to intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death."
Revelations of torture at the Abu Ghraib prison in Iraq were the tip of the iceberg of the vast network of the detained and disappeared. The International Committee of the Red Cross was forbidden access. Those at the top of the chain of command were shielded from legal accountability while a few soldiers and the female general in charge at Abu Ghraib were offered up as scapegoats. After FBI agents witnessed gruesome spectacles of torture at Guantánamo, the Bureau issued orders that it would not participate in this netherworld.
At the same time, Bush ordered the National Security Agency to conduct domestic spying dragnets outside the legal confines of the Foreign Surveillance Intelligence Act and without seeking warrants from the FISA court. Conservative lawyers within the Justice Department wrote memos justifying the practice on the same grounds as they had rationalized torture -- the right of the commander-in-chief to do as he saw fit. Once again, the presidency was construed as a monarchy. Bush and Cheney argued publicly that operating outside the FISA court might have prevented the terrorist attacks of September 11, though nothing stopped the administration from getting warrants to eavesdrop on calls from the United States to al Qaeda before or after.
Foreign policy was captured by neoconservative ideologues, a small group of sectarians rooted in the hothouse environment of the capital's right-wing think tanks. Its principals had been fired from the Reagan administration after the Iran-contra scandal and banished from the elder Bush's administration, but Bush rewarded them with positions at the strategic heights of national security. These cadres operated with a Leninist sensibility following a party line, engaging in fierce polemics, using harsh invective, and showing equal contempt for traditional Republicans and liberal Democrats. Cheney acted as their sponsor, protector and promoter. Under his aegis, they ran foreign policy from the White House and the Pentagon. Secretary of State Colin Powell was sidelined. The Undersecretary of State John Bolton, inserted by Cheney, blocked Powell's initiatives and spied on him and his team, reporting back to the Office of the Vice President. National Security Adviser Condoleezza Rice made a separate peace and turned the National Security Council into an augmented force for Cheney and the neocons. Meanwhile, Republican realists, including elder Bush's closest associates such as Brent Scowcroft, were isolated or purged.
The 60-year tradition of bipartisan internationalism was jettisoned. After the Afghanistan war against the Taliban, the administration elevated into a "Bush Doctrine" the policy of preemptive attack, previously alien to the principles of U.S. foreign policy and expressly rejected as dangerous to the nation's security by presidents Eisenhower and Kennedy during the Cold War.
In the run-up to the Iraq war, an internal campaign was waged against professionals of the intelligence community and diplomatic corps who still upheld standards of objective analysis and carrying on the traditions of U.S. foreign policy. Intense political pressure was applied to them to distort or suppress their assessments if they contained caveats and to give credence to disinformation fabricated by Iraqi exiles favored by the neoconservatives. A special operation of neocons was set up at the Pentagon, the Office of Special Plans, to "stovepipe" information directly into the White House without passing through the analytical filter of the CIA and other intelligence agencies. Cheney made several unprecedented personal visits to CIA headquarters to try to intimidate analysts into certifying the disinformation. The caveats and warnings of the State Department's Intelligence and Research Bureau, the Defense Intelligence Agency, the Department of Energy, and the intelligence services of Germany and France were all ignored.
In making its case for war the administration stampeded public opinion with false and misleading information about Saddam Hussein's possession and development of weapons of mass destruction, particularly nuclear weapons. Later his National Security Adviser Rice (promoted to Secretary of State in the second term) admitted that President Bush had made a false statement in his 2003 State of the Union address about Iraq's seeking uranium to produce nuclear weapons. Yet Bush, Cheney, Rice and other officials had constantly suggested that Hussein was linked to terrorism and those behind the attacks on September 11. Secretary of State Powell's best-case presentation before the United Nations was later proven to contain 26 major falsehoods. Not a single substantial claim he made turned out to be true. He explained he had been "deceived." He called it the biggest "blot" on his record. His chief of staff Colonel Lawrence Wilkerson said it was the "lowest point of my life." It was certainly the lowest point of U.S. credibility.
After he resigned in 2005, Wilkerson revealed how a "Cheney-Rumsfeld cabal" controlled national security policy: "Its insular and secret workings were efficient and swift -- not unlike the decision-making one would associate more with a dictatorship than a democracy. This furtive process was camouflaged neatly by the dysfunction and inefficiency of the formal decision-making process, where decisions, if they were reached at all, had to wend their way through the bureaucracy, with its dissenters, obstructionists and 'guardians of the turf.' But the secret process was ultimately a failure. It produced a series of disastrous decisions and virtually ensured that the agencies charged with implementing them would not or could not execute them well."
Less than a year after September 11, the administration was beset by disclosures that it had refused to take terrorism seriously before the attacks and by stories about dysfunction at the FBI. An FBI agent at the Minneapolis bureau, Coleen Rowley, emerged with documentation of how the Bureau had ignored warnings of the coming terrorist strike. On the day that she testified before the Senate, June 6, 2002, Bush suddenly announced a dramatic reversal of his position against the Democratic proposal for a Department of Homeland Security. Rowley's story was blotted out.
Bush now turned the issue of a new department against the Democrats in the midterm elections, following Rove's script. In Bush's proposal the department would not recognize unions, and because the Democrats believed that employees should have the right to form unions they were cast as weak on homeland security and terrorism. Against this backdrop, Rove helped direct attacks on the patriotism of Democrats in the 2002 midterm elections. In one Republican television commercial, the face of Senator Max Cleland of Georgia, a Vietnam veteran who had lost three limbs, was morphed into that of Osama bin Laden, and Cleland lost. The Republicans captured the Senate by one seat.
The tactics used against Democrats were also deployed to stifle contrary views within the administration and to taint the motives of those who had served and become critics. Any loyalist, no matter the egregious error of judgment, was vaunted; any heretic was burned. Bush's radical remaking of government demanded a relentless war against professionals who did not operate according to ideological tenets but objective standards of analysis.
In 2003, the disillusioned Secretary of the Treasury Paul O'Neill, the former CEO of Alcoa, a traditional business-oriented Republican, published a memoir, "The Price of Loyalty," recounting that the deficit was deliberately fostered as a political tool contrary to economic merits. He disclosed that the invasion of Iraq was raised at a National Security Council meeting ten days after the inauguration. And he described the president among his advisers as being "like a blind man in a roomful of deaf people." The administration's response was to investigate O'Neill for supposedly unlawfully making public classified materials. It was a patently false charge, he was exonerated, but it succeeded in changing the subject and silencing him.
Next page: "These were dilettantes from Washington think tanks who never had an idea that worked on the ground"
