The events of recent weeks have freaked a lot of people out. We have President who has devolved into utter lawlessness and nobody with the power to stand up to him is doing so. Jack Balkin attempts to place it all in some context via the concept of "constitutional hardball," and his analysis underscores the need for action:
At this point in Bush's Presidency three things matter above all others. They motivate this final round of constitutional hardball: The first is keeping secret what the President and his advisers have done. The second is running out the clock to prevent any significant dismantling of his policies until his term ends. The third is doing whatever he can proactively to ensure that later governments do not hold him or his associates accountable for any acts of constitutional hardball or other illegalities practiced during his term in office.
If the NSA program and the Torture Memos were examples of the second round of constitutional hardball, the Libby commutation and Harriet Meiers' refusal to testify before Congress are examples of the third round. Although his Presidency now seems to be a failure, Bush's third round of constitutional hardball may be every bit as important as the first two. That is because if Bush is never held accountable for what he did in office, future presidents will be greatly tempted to adopt features of his practices. If they temper his innovations and his excesses only slightly, they will still seem quite admirable and restrained in comparison to Bush. As a result, if Congress and the public do not decisively reject Bush's policies and practices, some particularly unsavory features of his Presidency will survive in future Administrations. If that happens, Bush's previous acts of constitutional hardball will have paid off after all. He may not have created a new and lasting constitutional regime, but he will have introduced long-lasting weaknesses and elements of decay into our constitutional system.
I don't know if this thought scares the daylights out of anybody else, but it has plagued me of late -- that if nothing is done to stop Bush, if he pays no price, we're looking at the future of the United States because there is nothing for any President to fear. And that's a pretty bleak picture.
Dover Bitch also has a great post over at Digby's place on the lunkheadedness of those who supported the Lieberman Amendment. If these are the people we're relying on in the situation, we're in a heap o' trouble. WFT were they thinking.
(h/t Kagro X)
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Not one MSM talking head had anything to say about Harriet Meiers ignoring her Congressional subpoena! What the f….k do they feel is really important?
Hi, Jane
Jane!
zed?
I’m totally with you on this, Jane. But it didn’t hit me till I saw the Moyers show this week. Then the impact was like the proverhical Mac truck. I never supported impeachment till Friday night, and now it’s pretty much all I can think about. If not now, WHEN? Impeachment would educate those who haven’t been paying attention, and it would let this president and all future president know that there is, indeed a line over which they may not cross. We have to make the demand for impeachment to both sides of the aisle because this is an American issue, not a Democrat or Republican one.
Has anyone read David Halberstam’s article in Vanity Fair? It’s called “History Boys” and David really hammers this bullshit Bush is trying to run about him being Truman. Check it out.History Boys
This point has been keeping me awake at night for quite awhile.
I want to give people the benefit of the doubt,but there also has to come a point where it’s enough already. Personally,I think we’re way past that point,and have been for more than a couple years.
The President and this administration are DARING someone to stop them,if it doesn’t happen we could lose America for real.
I believe that we need to have plans in place to communicate with one another. If the internet is shut down we need a plan b.
That is how worried I am about the evil doers in the WH.
On the Lieberman Amendment, and other attempts to go to war with Iran, there is really no solid evidence that Iran is doing what they are accused of. On the other hand, this LA Times story about Saudi’s making up 50% of foreign fighters makes a powerful argument that at least some senior officials in Iraq disagree enough to leak this story.
“The President and this administration are DARING someone to stop them,if it doesn’t happen we could lose America for real.”
That is exactly what John Dean said. Bush is not bluffing. He wants a showdown. He, Kark and Dick are ready to make their big move. They fully believe they can eclipse the legislature and we know they own the judiciary.
marymccurnin @ 9
Mary,I totally agree with this one. We need a phone tree system or something.
It’s not THAT important - but just how fast does one need to be?!
I’m just a beginner. Been away for awhile, but I did catch last nights post on why FDL is important to all. Great stuff - and keep it up.
Something is going down before September this year, I am pretty sure. They have been telegraphing it for the last two weeks. They are going to need something to change the paradigm of everything falling apart. Something real big to flip the page.
OT
How do you add the facebook icon to your fdl name?
marymccurnin @ 9
FDL MeetUps @ Poor Reds, in Eldorado, Friday nights Mary. I’m in!
I agree. If impeachment isn’t used for the worst President in our history, then it is a deadletter and future Presidents will not be held to account (unless a bl*wjob is involved).
Jane, it boggles my mind to think that this one insipid fool can undo over 200 years of American democracy. There doesn’t seem to be much doubt now that Bush has irrevocably harmed the US Constitution that is the foundation of our republic.
Who and what can fix this mess? I look but just don’t see the will in the American people to stand up and right the ship of state as it heads irrevocably to the rocks. I hope and pray that Firedoglake and Digby and Eschaton, et. al., ignite the passion it will take to right these great wrongs but I don’t believe that it will be quick, easy, or painless, which America has grown all to accustomed to expecting when it comes to putting forth any kind of effort at all. Hope remains, however dim now.
Jane, I still think that the issue that Americans can relate to is Bush hiding the Tillman papers. If Vote Vets or someone else would run a commercial on this I would certainly donate.
raven @ 15
Go to the sidebar here on the right and look for Meta. Sign in there with your username and password and then come back here and comment to see if it works. It should.
I am completely with you on this. I am deeply disturbed by the failure of any of our critical institutions (the congress, the courts, or the press) to hold this administration accountable and to check their unprecedented power grab. This is the path to dictatorship. In my darker moments I even question whether the Busheviks actually intend to leave office, ever.
newtonusr @ 16
Where? Cali?
I wrote this a few days ago at the old No Quarter:
http://noquarter.typepad.com/m.....t-75294928
It was in answer to people saying that impeachment is a waste of time, etc. What I find the most frightening is how few people on our side of the political fence “get it”. The other side I can understand, they’re bound to view such an act as political, at least at first.
We ought to know better, and quite a few of us clearly don’t.
if he pays no price, we’re looking at the future of the United States because there is nothing for any President to fear.
Obviously, I’d like to see the rule of law and the role of the Constitution restored *now*. But, if there turns out that no substantial change takes place before GWB leaves office, it could prove to be a benefit.
Given the monumentally f****d up state of the nation that Bush will inevitably leave behind, it might be useful to at least temporarily retain the strong executive powers, in order to more quickly change what is now the status quo.
This obviously makes the next presidentially election quite possibly the most important in the nation’s history. If there was a candidate who I trusted to use the excessive powers in a benign and restorative way, he/she gets my vote automatically.
But once given, power is rarely, if ever, given back. The danger is great - who do we trust, should the legislative and judicial branches fail to rein in this president, to do the things that need to be done, and then turn that power back over to the people and restore checks and balances?
SeamusD @ 10
The senior officials in Iraq are mostly Shia so yes, they would not mind seeing the role of Saudi Arabia in Iraq exposed.
I think presidential candidates will absolutely hate it if the public rises up and demands impeachment. They’ll have to actually take a stand.
Procuratio frutex delenda est.
How can attacking Iran be a good thing, ever?
bobtaco @ 14
I’ve been saying this almost forever, but all I’ve been met with is silence or the looks that accompany a crazy person speaking.
At this point in my life, after this past week, I really don’t give a rat’s ass any more.
marymccurnin @ 9
I agree.
What has me really worried is that everything, and I mean everything is in place for them to rule for..ev..er. The only thing missing is an “event” that W deems a national emergency…anything HE deems. Chertoff is a big Neocon. His gut rumblings are alarming, as is all the AQ talk and the sudden discovery of a new Bin Laden video.
Martial law would go into effect. No elections. Nada.
That is not tinfoil stuff. It is fact.
I just don’t see Cheney or the rest of his cabal leaving on their own. I just don’t see it.
In my humble opinion, allowing the independent effort to look into the events of 9/11 to become labeled as “conspiracy theory” or tinfoil material is the greatest mistake this country has ever allowed to happen.
(((Jane))) Interestingly, Jack Balkin brings up the very same concerns as Nichols did on Moyers and Fein pointed to other similar aspects as to why we need to Act Now!!! It needs to be a twofer, and, it needs to be carried out until that circle is closed! Not like the Ford pardon that spawned many of the vile cast of characters involved in today’s constitutional travesty!!!
raven @ 15
To the right of post #14, sign in to Meta and once signed in, go to the top of the page and click on fdl.
ccmask @ 32
thx
marymccurnin @ 22
About 30 minutes east of your location. Landmark spot.
Why hasn’t Leahy or Waxman subpoenaed Fitzgerald?
Unless these folks are as really as shortsighted as I suspect they might be, and/or we are really close to a dictatorship, don’t these folks realize that pendulums do swing, and eventually they are handing this power to a Democratic President?
I thought conservatives were buildt on the premise of conserving.
Jane I am with you. I am getting more and more uneasy.
A three-part constitutional balance was a very smart design. Our system depends upon it.
Making Moyers program go viral is a step towards getting the word out.
I agree, and it would take a President of immense wisdom and humility to actively roll back what Bush has pushed. I think it’s safe to say none of the GOP
frontrunnerscandidates would do so; I have no idea about the Dems, but perhaps it’s a question worth asking.The only thing that will help if a Dem is in office is that the GOP will remember how good congressional oversight is, and I don’t think the Dems will be the lap poodles that the Republicans have been with Bush. But I’ve been wrong before…
Hugh @ 25
It’s not just Iraqi’s. From the article in the LA Times;
About 45% of all foreign militants targeting U.S. troops and Iraqi civilians and security forces are from Saudi Arabia; 15% are from Syria and Lebanon; and 10% are from North Africa, according to official U.S. military figures made available to The Times by the senior officer. Nearly half of the 135 foreigners in U.S. detention facilities in Iraq are Saudis, he said.
newtonusr @ 34
I’ll facebook you.
There are only a few things we can do.
March…doesn’t work well or last very long.
Write…Maybe in coordinated campaigns…like the idea of sending Moyers en masse
Vote…way too far off
What else as we look to keep what is left of our country?
Sicko is an amazing tool Just got back from seeing it in Asheville NC. The audience clapped and cheered. It is all the way amazing.
It all comes back to Bush. That’s the bottom line. And I don’t give a ‘drug-store cowboy’ how long, or how much money it takes, to lay the blame properly where it belongs. At the feet of George W. Bush. We can’t do anything about Mr. Bush’s past behavior. But we can make a statement on our feelings about this man’s character. And for perhaps the first time in his miserable life, force responsibility upon him. Investigations of the Bush Administration must continue long after this individual has faded from the scene. If for no other reason than to assure this nation that never again will a member of the Bush political dynasty be entrusted with this country’s highest office. In this we will have done a service to the world.
Mutant Poodle @ 37
I’m not sure I trust all the D candidates, one or too establishment.
Loo Hoo. @ 35
Fitz needs DoJ approval to testify about the GJ testimony etc…! There is only a small avenue of approach for Leahey or Waxman to operate within, however, I believe the Impeachment process could free up many of the constraints on Fitz’s testimony!!! 8-)
Oklahoma kiddo @ 41
I think it’s far bigger than that one man. It’s the Constitution, it’s the county, it’s democracy, it’s everything we hold most dear.
Maybe the candidates don’t push impeachment because they’re afraid that if Pelosi were president, she’s be re-elected. That’s not the way things are supposed to work.
;-O
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above please find the contact info for the benefactor of the wonderful BILL MOYERS . . .
show them some love Fire pups????
Do you think Pelosi has a complete set of articles of impeachment documents waiting for just the right moment, hidden in a paper bag, under her desk???
i heart jane @ 47
Isn’t it Ironic how they’re the only corporate sponsor???
As to backup Comm systems shortwave is not a bad option, now with no code options (thats morse code which is a fine way to communicate in low power environments), but stepping back from tinfoil hat territory, any system must make sure that the message remains intact during transmission, songs are great for that.
Liberal Heart @ 44
He’s just the point man, there is an entire infrastructure behind him. Read Halberstam’s article that I posted above where he talks about the extreme right wingers during the Korean War. This stuff is nasty but it ain’t nothin new.
LS @ 45
I sure hope so
“I think it’s far bigger than that one man. It’s the Constitution, it’s the county, it’s democracy, it’s everything we hold most dear.”
The impression in this house is that the President is supposed to represent the Constitution, the country and Democracy. ;0)
Oklahoma kiddo @ 52
Yea, and it’s supposed to be the land of the free and the home of the brave too.
raven @ 50
Similarly, Ike warned us of the Defense/Industrial Complex’s dubious impact on our Government in his infamous Farewell Speech!!!
raven @ 50
I have wondered for a long time how many people are we talking about. How many people does it take to hold a country hostage?
Blackwater is a huge concern.
Heres a little thing I found from 1947, I wonder where we fit in these metrics? http://www.youtube.com/watch?v=0eGkx9cFALo
the reason I don’t comment here much anymore, or on any of my fav political blogs, is I simply don’t know what to say, I just don’t have any words
what do you say when you’re stuck in a car with a suicidal drunk driver that nothing is stopping?
Consider these comments from a right-winger on the Balkin blog, after Balkin’s essay on constitutional hardball:
That’s worth thinking about.
And then, another comment gives a lovely link to this little essay: Ship of fools: Johann Hari sets sail with America’s swashbuckling neocons (from The Independent, London).
It can be interesting to read what those folks are thinking, or at least saying. And the portrait of the scene is precise:
Has anyone thought yet about how to get the Republicans on board with Impeachment of Cheney/Bush?
I think people should remind the GOP that if nothing is done to stop the Bush Administration now, HILLARY CLINTON!!! will have UNBRIDLED POWER!!! to do whatever she wants in the next election cycle.
shorter version: BOO!
That’ll do it.
Oklahoma kiddo @ 52
That’s sooo 1990’s. Didn’t you hear the President tell us that everything changed on 9/11?
Elliott @ 51
That is what I have been thinking for weeks. Did you watch that hilarious video of “Granny” from the Beverly Hillbillies that I posted…Granny in the kitchen?
Sharkbabe @ 58
(((((((((((((((((((((sharkbabe)))))))))))))))))))))
LS @ 45
Ah, well she did say that we don’t know the half of it, so she must. Mustn’t she?
Sharkbabe @ 56
Yes. Many times I have started to type and just said “How many different ways can this be said?” or “Help! I cannot take this any longer.” or “F**k it. I going to see if there is anymore chocolate in the freezer.”
The way in which we send a message (hopefully) to all presidents coming after this president is to hold Mr. Bush accountable. In this endeavor we will have a done a precious, and perhaps a life saving thing for generations to come.
marymccurnin @ 54
Blackwater, DynCorp, Titan, and CACI will play the same role in this country that OMON, the Interior Ministry contract troops in Russia, played in Chechnya when the time comes.
And the time will come, it isn’t if, it’s when.
argosfalcon @ 55
I have that Encyclopedia Britainnica article embedded on my Harddrive! It is a very sobering critique of Democracy, it may be dated, yet, the metrics are extremely pertinent today!!!
. . . and if Congress won’t stand up to someone as evil as cheney/bush, who WILL they stand up to?
raven @ 33
I had not registered, I did so but I’m not getting a confirmation email. Does this take a while?
LS @ 61
no, and how could I have missed it?
The sickest thing about the Lieberman Amendment is that it is driving me into supporting Ralph Nader for president in 2008
Pelosi and Reid need to realize the importance of doing their fucking job. I’m starting to feel they can’t even manage a fucking McDonalds without failing because they sat on their hands instead of DOING THEIR JOB.
Oklahoma kiddo @ 65
maybe it’s time to take it to the streets.
Liberal Heart @ 60
Yes I heard that. I suppose I’m just old-fashioned. ;0)
raven @ 71
Not too long! You need to look in your gmail account!
OT: marymccurnin: Have you thought about pet recipe publishing lately? I think there is a market; here, even. Just a thought. (Sorry for the intrusion.)
Back on topic, perhaps because this is a legal and Constitutional crisis, a majority of good people are getting that much is wrong, but the whole picture, available here and at other sites and certainly at PBS/Bill Moyers, is not really sinking in? Again, just a thought.
Elliott @ 72
;0)
mhpcr @ 75
Email me at marymccurnin at mac dot com.
Sharkbabe @ 56
Hey Sharkbabe, haven’t seen you around in a while. Guess that’s why.
Anyway, what you say is - “If you don’t stop, I guarantee you that you’ll be in so much pain that you’ll want to die”. There’s always something that someone’s afraid of. In Bush’s case, I suppose it’s the idea that he’ll be viewed as one of history’s worst Presidents. Being impeached would certainly add to that impression. Right now, he has nothing to fear, because impeachment’s “off the table”. It’s too hard to do, so we won’t try.
I can’t believe I’m writing things like this, but we really are in a fight for our country here. And by “we” I don’t mean “Democrats” or “liberals”, I mean all of us. I’m just astounded that so many of our own people don’t seem to realize that.
Bush and co. know that their is not enough votes in the
Senate to vote to remove if the House voted for Impeachment.
Until that equation changes he’ll ignore Congress. As I see it
Congress has to act boldly now to establish itself as a co-equal
branch of Government. Let’s forget right now about removal from’
office.. First of all if Miers does not respond to the summons and the Justice Dept. does not enforce it, then the Capital Police under authority of Congress go and arrest her. There does not seem to
be enough political momentum from the majority of the American
people to demand Impeachment. Also the Democrats in Congress
just don’t have the right stuff to lead an effective opposition.
(exceptions for Webb, Leahy, Feingold, Kucinch and Waxman)
How come.? Perhaps the majority of the American people have
traded their civil rights, constitutional government, a functioning
Federal government for a false sense of security from terrorism
and the fear of the changes in this country and the world
at large. A majority of Americans are living a delusional life Bush is ruling this country by instilling fear into the daily life of the people. He has created a functioning police state. Damn close to a Dictatorship.
I am not sure where the end of the tunnel is? There is a long time
to go before November 08 and lot of bad things can happen.
Firstly, realize there are many, from all over
the place, reading blogs such as this. And glad to be doing so. The rest of the world is frightened, and rightly so. The greatest economic and military power on the planet. How does one deal with that? Especially when the
leadership is sometimes called ‘crazy’, and no
branch of your Government seems willing to stand up and challenge. There are many billions of us out here, outside your boarders. How the hell
would we invade and make you toe the sensible line?
It is your chance to set an example. As to how,
is up to you. But you’ve got a few billion in support.
99.9% of people would NOT steal the food from
a neibours table. But it’s happening, and worse.
Nuff said
I think it’s time to fudge the data a little.. When asked polling info or to donate to Barak or Hillary, even Edwards (say no for now).. lie to the pollsters online or otherwise.. say Dodd or Kucinich or Bozo.. but we cannot let the DLC consultants ignore us or think our anger is the best thing for their candidates in the long run. (not the country)
I don’t want a Dem in Iraq, ignoring FISA, rigging elections, or shuffling Justice for political gain, anymore than I want Bushco doing it.
Cujo359 @ 78
yeah, it isn’t rhetoric, it’s flat out fact.
[my bold]
(((((sharkbabe)))))
Elliot, thanks for the link at 51. Excellent!
CTuttle @ 74
Even if I registered with my hotmail?
hey jane - great job on the radio today…. now here you’re preaching to the choir - i think we’re all so disillusioned with the poor job the dems are doing - every day in every way bushco goes about dismantling the democracy and dems say - IMPEACHMENT IS OFF THE TABLE _ W T F????????
And it seems to me that the Democrats when they do rarely confront the Republican lies, as Jim Webb did this morning, are trying to do so with one hand voluntarily tied behind their backs. Because the Democrats won’t call the lies “lies” and they can’t quite bring themselves to tell America the whole truth about our presence in Iraq - which would stun the likes of Lindsey Graham if ever said to his face, or on the Senate floor. [Thers listed three of the truths today, regarding what the residents of that “sovereign” nation of Iraq want, which is to get the occupiers out, damn any theoretical consequences that will follow.]
This ‘code of acceptable lying’ that all politicians in Washington seem to live with and accept is a big part of our problem. The Democrats are trying to rebut the Republicans (and the media) with half-truths, so the full lies retain a lot of strength. Harry Reid has actually started to fight back with a little truth - that the Iraqi people want us out. But he won’t acknowledge yet that what Iraqis want for their country should take precedence over what America wants for Iraq, which would implicitly call out the racist paternalistic imperialist types like Lieberman and their specious America and Israel Rule The World and Ought To mentality.
The fact is, 1973’s War Powers Resolution has us in a seeming fix. We entered this “war” via legislation (2002’s AUMF) in accordance with the WPR, and Congress thereby voluntarily strangled its ability via its inherent Clause 11 war powers to unilaterally end a war by majority vote without need for a presidential signature or veto override. Because to repeal the AUMF legislation or pass new legislation regarding Iraq (a Congressional Article I power given via a clause of Section 8 other than Clause 11) obviously requires a presidential signature or veto override.
Somebody failed drastically in the imagination department when they decided to include a provision for authorizing force via legislation in 1973’s WPR. The wisdom of our Founders regarding the imperative that the people alone retain the right to decide matters of war and peace, was spurned. War must be at least as easy to get out of, as to get into. Today, we are facing the exact opposite balance of power, if Congress insists on succeeding at overriding a presidential veto before extracting our forces from Iraq.
I suggest, however, that since the actual, “specific statutory authorization” (2002’s AUMF) to wage this conflict in Iraq was arguably “Mission Accomplished” years ago now, and has since and obviously become and been shown to be moot, that there is a clear argument to be made that “United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization.” [Noting, however, that if bad faith parsing were to be employed, such authorization could probably be alleged to exist in every funding bill for Iraq that has passed.]
And if the mission outlined in the 2002 AUMF is in fact “accomplished”:
then powers retained by Congress in the War Powers Resolution itself can kick in, without the need to assert straight Constitutional Clause 11 Congressional powers to undeclare the war. The pertinent [Title 50, Chapter 33, Section 1544(c)] power in the WPR is:
A concurrent resolution is a resolution passed and in force after approval by only the Legislative Branch - no presidential signature involved. If Congress truly wanted this conflict in Iraq to end, they should be throwing every tool at their disposal at it. In this case, it would be the provisions of the War Powers Resolution, and any subsequent showdown about it in court. Vote to direct Bush to bring the troops home, and let the chips fall where they may.
Http://www.washingtonpost.com/.....v=hcmodule
Loo Hoo. @ 84
I’ve just got my heart set on that scenario, Loo Hoo.
Well BushCo has finished with FISA which is up coming it will all be nice a legal to spy on everyone all the time. And with FOIA requests taking years to process, discovery of malfeasance is unlikely. But there maybe well placed patriots that may come to the fore.
I’ve missed reading you, Sharkbabe; I’ve seen you sometimes on Watertiger’s place. You always offer a unique perspective, and it’s good to see you now.
Sharkbabe…
Gladda to see you. I’m such a lonely fiery radical in these parts these days without your voice. ;0)!
I read two competing stories about Facebook today, and I’m still on the fence. One spoke to the privacy provisions and the other spoke to the problems with the privacy provisions in terms of blackmail.
What to do?
But I agree that contingency communication plans should be drawn up before the “national emergency” is declared.
raven @ 85