Citizen G'kar: Musings on Earth

January 17, 2007

Bush's Drive To Enshrine The Imperial Presidency

Bush seems to have shifted gears with the removal of key players in his Administration. He seems no longer interested in opinion polls, the Iran Study Groups recommendations on Iraq, the leadership of the Republican Party, or even the election of 2008. He's a man on a mission to accomplish his agenda before time runs out.
Recent event suggest what is agenda is. Clearly he wants to widen the war to include Iran. Since the US is already using much of its reserve force, he'd counting on air power to propagate that part of the war. But since conventional air power is unlikely to end Iran's drive for nuclear weapons, he's positioning the US and Israel to use nuclear weapons.
On the home front, his agenda is equally frenzied. He continues to make bill signing statements in defiance of public opinion and constitutional scholars. He insists he can imprison anyone, even a citizen without due process or charges indefinitely. He's moving to consolidate these gains in show court cases outlined below.
The Congress has yet to slap down this Imperial President. Are they afraid of a backlash against the Democratic leadership based on the Teflon shield of a war time president?
AlterNet
What we saw the other night, when he proposed more war against more "foes" was the madman the last six years have created. This time, in his war against Iran, he doesn't even feel the need for minimal PR, as he did before attacking Iraq. All he is bothering with are signals -- ships moving here, admirals moving there, consulates being raided in this other place. He no longer cares about the opinions of the voters, the Congress, the generals, the press, and he especially disdains the opinions of B/S/and B [Bush Sr, Scrowcroft, Baker]. Thanks to Gerson, he identifies his own little ideas with God (a blasphemy, of course, but hey, there's lots of precedent on this), so there's no telling what he will do.


We can tell by the evidence of the last two months that whatever it is, it will be exactly the thing that the majority of the voters do not want him to do, exactly the thing that James Baker himself doesn't want him to do. The propaganda that Bush's sponsors and handlers have poured forth has ceased to persuade the voters but succeeded beyond all measure in convincing the man himself.


He will tell himself that God is talking to him, or that he is possessed of an extra measure of courage, or he that he is simply compelled to do whatever it is. The soldiers will pay the price in blood. We will pay the price in money. The Iraqis will pay the price in horror. The Iranians will pay the price, possibly, in the almost unimaginable terror of nuclear attack. Probably, the Israelis will pay the price, too.


Little George isn't the same guy he was in 2000, the guy described by Gail Sheehy in her Vanity Fair profile -- hyper-competitive and dyslexic, prone to cheat at games, always swinging between screwing up and making up, hating criticism and disagreement, careless of others but often charming. He is no longer the guy who the Republicans thought they could control (unlike, say, McCain).


The small pathologies of Bush the candidate have, thanks to the purposes of the neocons and the religious right, been enhanced and upgraded. We have a bona fide madman now, who thinks of himself in a grandiose way as single-handedly turning the tide of history. Some of his Frankensteins have bailed, some haven't dared to, and others still seem to believe. His actions and his orders, especially about Iran, seem to be telling us that he will stop at nothing to prove his dominance. The elder Bush(es), Scrowcroft, Baker, and their friends, Cheney, Rumsfeld, Gerson, and the neocons have made the monster and in the process endangered the country, the Constitution, and the world, not to mention the sanity of wretches like Jose Padilla (for an analysis of the real reason Gitmo continues to exist, see Dahlia Lithwick's article in Slate, [excerpt below].


Maybe the bums planned this mess for their own profit, or maybe they planned to profit without mess; maybe some of them regret what they have wrought. However, they all share the blame for whatever he does next.

Slate Magazine
Willing to give the benefit of the doubt, I once believed the common thread here was presidential blindness—an extreme executive-branch myopia that leads the president to believe that these futile little measures are somehow integral to combating terrorism. That this is some piece of self-delusion that precludes Bush and his advisers from recognizing that Padilla is just a chump and Guantanamo merely a holding pen for a jumble of innocent and half-guilty wretches.


But it has finally become clear that the goal of these foolish efforts isn't really to win the war against terrorism; indeed, nothing about Padilla, Guantanamo, or signing statements moves the country an inch closer to eradicating terror. The object is a larger one, and the original overarching goal of this administration: expanding executive power, for its own sake.
Two scrupulously reported pieces on the Padilla case are illuminating. On Jan. 3, Nina Totenberg of National Public Radio interviewed Mark Corallo, spokesman for then-Attorney General John Ashcroft, about the behind-the-scenes decision-making in the Padilla case—a case that's lolled through the federal courts for years. According to Totenberg, when the Supreme Court sent Padilla's case back to the lower federal courts on technical grounds in 2004, the Bush administration's sole concern was preserving its constitutional claim that it could hold citizens as enemy combatants. "Justice Department officials warned that if the case went back to the Supreme Court, the administration would almost certainly lose," she reports, which is why Padilla was hauled back to the lower courts. Her sources further confirmed that "key players in the Defense Department and Vice President Cheney's office insisted that the power to detain Americans as enemy combatants had to be preserved."


Deborah Sontag's excellent New York Times story on Padilla on Jan. 4 makes the same point: He was moved from military custody to criminal court only as "a legal maneuver that kept the issue of his detention without charges out of the Supreme Court." So this is why the White House yanked Padilla from the brig to the high court to the federal courts and back to a Florida trial court: They were only forum shopping for the best place to enshrine the right to detain him indefinitely. Their claims about Padilla's dirty bomb, known to be false, were a means of advancing their larger claims about executive power. And when confronted with the possibility of losing on those claims, they yanked him back to the criminal courts as a way to avoid losing powers they'd already won.


This need to preserve newly won legal ground also explains the continued operation of the detention center at Guantanamo Bay. Last week marked the fifth anniversary of the camp that—according to Donald Rumsfeld in 2002—houses only "the worst of the worst." Now that over half of them have been released (apparently, the best of the worst) and even though only about 80 of the rest will ever see trials, the camp remains open. Why? Civil-rights groups worldwide and even close U.S. allies like Germany, Denmark, and England clamor for its closure. And as the ever-vigilant Nat Hentoff points out, new studies reveal that only a small fraction of the detainees there are even connected to al-Qaida—according to the Defense Department's own best data.


But Guantanamo stays open for the same reason Padilla stays on trial. Having claimed the right to label enemy combatants and detain them indefinitely without charges, the Bush administration is unable to retreat from that position without ceding ground. In some sense, the president is now as much a prisoner of Guantanamo as the detainees. And having gone nose-to-nose with the Congress over his authority to craft stripped-down courts for these "enemies," courts guaranteed to produce guilty verdicts, Bush cannot just call off the trials.


The endgame in the war on terror isn't holding the line against terrorists. It's holding the line on hard-fought claims to absolutely limitless presidential authority.


Enter these signing statements. The most recent of the all-but-meaningless postscripts Bush tacks onto legislation gives him the power to "authorize a search of mail in an emergency" to ''protect human life and safety" and "for foreign intelligence collection." There is some debate about whether the president has that power already, but it misses the point. The purpose of these signing statements is simply to plant a flag on the moon—one more way for the president to stake out the furthest corners in his field of constitutional dreams.

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