Sunday, January 28, 2007

The Controversy over Curtailing Habeas Corpus Rights: Why It Is a Bad Day For The Constitution Whenever Attorney General Alberto Gonzales Testifies

Great article by John Dean:


In the history of U.S. Attorney Generals, Alberto Gonzales is constantly reaching for new lows. So dubious is his testimony that he is not afforded the courtesy given most cabinet officers when appearing on Capitol Hill: Congress insists he testify under oath. Even under oath, Gonzales's purported understanding of the Constitution is historically and legally inaccurate, far beyond the bounds of partisan interpretation.

No wonder that with each appearance he makes on Capitol Hill, Gonzales increases his standing as one of the least respected Attorney Generals ever, in the eyes of both Congressional cognoscenti and the legal community. His most recent appearance bordered on the pathetic.
Whatever the explanation, one thing is clear: Gonzales's latest testimony provided a micro-moment of how the Bush/Cheney Administration does business, and how it plays fast and loose with Americans' fundamental rights.

Gonzales simply cited the legal proposition that "a signing statement cannot give to the president any authority that he doesn't already have under the Constitution." But Specter responded adeptly that "if [the President] thinks those provisions inappropriately take away his constitutional authority and the Act's unconstitutional, then he ought to veto it. Or at least not to bargain it away." Gonzales had little to say in response, except to reiterate that the President wanted the Act reauthorized, and had the power not to honor the deal Gonzales had made.

This kind of practice might be common on used car lots, but should not be common in our government. Gonzales missed the bottom line: The President had rendered Gonzales's word worthless, and since a person is only as good as his or her word, he had thus dishonored Gonzales. Therefore, Gonzales ought to have resigned - as I believe many Attorneys General before him would have done.

In sum, the President made a fool of his Attorney General. As a result, it is not likely Gonzales's word will soon be trusted by the Senate Judiciary Committee (even when it is given under oath). As a result, the President will not enjoy additional powers for, as Senator Specter pointed out, "He can't get the power unless Congress gives it to him."

Surely a stronger Attorney General would have urged the President to abide by his word - not just because it's the right thing to do, but because breaking an agreement with Congress can damage a presidency by destroying trust.

With all due respect, Attorney General Gonzales needs to read an American history book - to avoid relying on arguments rejected in the 18th Century when offered by those who opposed the adoption of our nation's founding charter. Every time Gonzales testifies, he leaves the Constitution a bit more battered by his right-wing gobbledygook and revisionist dogma. We are fortunate he seldom appears before Congress.

http://writ.news.findlaw.com/dean/20070126.html

6 comments:

Anonymous said...

Of course this administration would only have people like themselves around. That's how Gonzo happened, he plays the game well with Gerbil and Ambien.

Anonymous said...

and what other countries feel about more US troops MOSCOW (AFP) - Russian Foreign Minister Sergei Lavrov on Saturday said he would demand an explanation from the United States over its military buildup in the Middle East and criticized Washington for "hardline" policies against Iran

SP Biloxi said...

Thanks for the heads up about Russia. Many of the countries really criticized and opposed the Gerbil's decision to stay the course and an attempt to invade Iran.

As far as Gonzo, Gonzo is the weakest link of the Gerbil. I look for the Gerbil to throw Gonzo under the bus as more criticism and a demand for Gonzo to be removed as AG.

Anonymous said...

hmmmmm.......
Nuclear power or Nuclear weapons.....

Visiting Russian security chief Igor Ivanov said on Sunday that Moscow is committed to launching Iran's first nuclear power plant on schedule in September, the official IRNA news agency reported.

Anonymous said...

Yes the Gerbil Administration had best cool their jets so they don't go into Iran like they did Iraq
This country of which the Gerbil is in charge has hundreds of "at launch" nukes so you can see why other countries are worried about the Chimp

SP Biloxi said...

Well, the other countries are afraid of the Gerbil because he has no experience in foreign affairs. And since he failed in 3 businesses and his daddy gave him the Presidency, the leaders in other countries are worried because of his ignorance of the differcult culture and his fixation for oil and profits.