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Today's Must Read
You know those secret legal opinions by the Justice Department that tell the administration how far it can go without breaking the law? After all the hullabaloo over John Yoo's five year-old torture authorization memo, Attorney General Michael Mukasey assured Congress that the Justice Department really was working on releasing other memos. But he made no promises.
And yesterday, during a hearing on secret law held by Sen. Russ Feingold (D-WI) before the Senate Judiciary Committee, an official from the Office of Legal Counsel promised that the Department would allow members of the intelligence committees to see them -- but lawmakers won't be able to keep paper or electronic copies. The Department says that it's thinking really hard about whether the Senate Judiciary Committee can see them as well. For some reason, Feingold and his peers didn't seem satisfied.
The man who was the top classification official until January of this year appeared at the hearing and testified that the Department's decision to mark Yoo's torture memo "secret" and keep it classified for years after it was withdrawn showed "either profound ignorance of or deep contempt for" classification rules.
But as Donald Rumsfeld put it, there are known unknowns and unknown unknowns. And with this group, it's always a toss-up which is more worrying:
At the hearing, a department official, John P. Elwood, disclosed a previously unpublicized method to cloak government activities. Mr. Elwood acknowledged that the administration believed that the president could ignore or modify existing executive orders that he or other presidents have issued without disclosing the new interpretation.Senator Sheldon Whitehouse, Democrat of Rhode Island, challenged Mr. Elwood, saying the administration's legal stance would let it secretly operate programs that are at odds with public executive orders that to all appearance remain in force....
Mr. Whitehouse, who sits on the Judiciary and Intelligence Committees, has said the administration's contention that it can selectively modify executive orders "turns The Federal Register into a screen of falsehoods behind whose phony regulations lawless programs can operate in secret."
Mr. Elwood said publicly available legal opinions dating from 1987 make clear the Justice Department's view that the president has the power to change executive orders.
Mr. Whitehouse said, "There's an important piece missing from that, which is not telling anybody and running a program that's completely different from the executive order."
Only seven more months of the Bush administration to go, and plenty more to find out.













7 more months? HA!
Just wait for the undefined declaration of a national emergency followed by an unpublicized declaration of martial law.
We are thoroughly screwed. They did it. "Mission Accomplished" indeed.
The United States is no longer a democratically elected representative Republic. George Bush and the "secret executive order" have enabled the corporate statists to destroy what was left of our constitutionally defined government.
May 1, 2008 10:17 AM | Reply | Permalink
Yes indeed, Xboxershorts, no point in resisting!
I only ask that you please make things easier for everyone: just give up, pack for your detention cell, and report for inspection at your nearest army base. Today.
Clothing only. Toiletries will be provided. No metal or sharp objects, please.
May 1, 2008 11:53 AM | Reply | Permalink
I'd agree with you, except that I think Bush gave up a year ago. I don't think he wants to extend his time as President. He seemed to find the whole thing a bit taxing.
Cheney on the other hand....
May 1, 2008 1:41 PM | Reply | Permalink
The White House Office of Administration (you know, the one that "lost 5 million + emails) was created by an Executive Order issued by Jimmy Carter in 1978,
During the Bush Administration, the White House Office of Administration went from being a FOIA'able entity to becoming a non-POIA'able entity, with no explanation.
How much do you want to be that a secret Executive Order "tweak" is behind that one?
May 1, 2008 10:19 AM | Reply | Permalink
Once a president is out of office, can he still be brought up on charges for crap he did while in office? This seems like it should be an obvious Yes, but everything's up in the air with these guys. Also, to what extent can the next president constrain or limit Bush's expansion of powers?
May 1, 2008 10:44 AM | Reply | Permalink
Yes, and it's also possible to impeach someone who's out of office (it's been done before, I think). One would do this in order to prevent a person from holding a position in federal government again (Article I, Section 3, paragraph 7).
May 1, 2008 12:10 PM | Reply | Permalink
Look but don't touch!
Good advice. Don't want to mess up the fingerprints that are on those papers. They might be evidence someday.
May 1, 2008 10:50 AM | Reply | Permalink
Snarki, your sister Cheeki was looking for you.
May 2, 2008 2:44 PM | Reply | Permalink
One set of laws for us, one set for them.
We are living in the new middle age, with a new aristocracy, answerable to no one.
May 1, 2008 10:57 AM | Reply | Permalink
"One set of laws for us, one set for them.
We are living in the new middle age, with a new aristocracy, answerable to no one"
----- ----- -----
It's ... Alice in wonderland.
May 1, 2008 11:04 AM | Reply | Permalink
classified documents tomorrow, never today!
May 1, 2008 12:02 PM | Reply | Permalink
One set of laws for us...no laws for them. I did not see this comming. Paranoia deficiency is deadly around Bushies. Nothing is as it seems and everything is a lie. Has anyone checked out the claim that this reintrepretation position is in publicly available DOJ opinions since 1987?
May 1, 2008 11:17 AM | Reply | Permalink
I heard a snippet of Scalia's Sunday opinion-ating. And when he wouldnot define TORTURE as cruel and unusual punishment?
He was asked my the Psuedo Reporter... How is TORTURE, not Cruel and Unusual Punishment. He said, well it's easy When you are trying to get someone to talk - it's not punishment, your just trying to get them to talk. It's not punishment.
Evidently it's not UNUSUAL either.
I hope, hope, hope... that it doesn't take CONGRESS to exorcise these demonic spirits from what used to be the White House and the Executive Offices. AND Cheney, that old outrage says the Vice President, doesn't answer to Congress?
What kind of government does he think he's in?
I know how he acts, he's the government representative for the Oil Interests and the national resource abusers. And they have served them well.
Let's hope they will leave something... If we can get them out
solidarity & peace
May 1, 2008 11:46 AM | Reply | Permalink
Once a president is out of office, can he still be brought up on charges for crap he did while in office?
I, George W. Bush by the authority vested in me by the Constitution of the United States do hereby pardon and remit from any and all liability, for any offenses against the laws of the United States, or any individual states, whether known or unknown, the following individuals : George W. Bush
Richard Cheney
Etc, etc, etc.
Signed, George W. Bush, President of the United States, this 19th day of January, 2009.
Any questions?
May 1, 2008 11:53 AM | Reply | Permalink
Welcome to the new absolute monarchy. Obviously we have no law in this country at all as long as the government claims the right to secretly create and secretly enforce a mysterious set of "laws." No law; no legitemate government. Here's Cesare Beccaria in 1764:
"Without written laws, no society will ever acquire a fixed form of government, in which the power is vested in the whole, and not
in any part of the society; and in which the laws are not to be altered but by the will of the whole, nor corrupted by the force of private interest. ... Hence we see the use of printing, which alone makes the public, and not a few individuals, the guardians and defenders of the laws. It is this art which by diffusing literature, has gradually dissipated the gloomy spirit of cabal and intrigue. To this art it is owing that the atrocious crimes of our ancestors, who were alternately slaves and tyrants, are become less frequent. Those who are acquainted with the history of the two or three last centuries may observe, how from the lap of luxury and effeminacy have sprung the most tender virtues, humanity, benevolence, and toleration of human errors. They may contemplate the effects of what was so improperly called ancient simplicity and good faith; humanity groaning under implacable superstition, the avarice and ambition of a few staining with human blood the drones and palaces of kings, secret treasons and public massacres, every noble a tyrant over the people, and the ministers of the gospel of Christ bathing their hands in blood in the name of the God of all mercy."
But, hey, who needs the Enlightenment?
May 1, 2008 12:02 PM | Reply | Permalink
"(Scalia) said, well it's easy When you are trying to get someone to talk - it's not punishment, your just trying to get them to talk. It's not punishment."
I suppose Congress can then "legally" apply these techniques to current and former White House staff, since they seem unwilling to talk.
I'll set up the Tivo to catch it on CSPAN.
May 1, 2008 12:04 PM | Reply | Permalink
Only seven more months of the Bush administration to go
Because now that Bush has proven that the executive branch can do anything it wants, in absolute secrecy, immune to law, treaty obligations, congressional scrutiny, or judicial review, and have an opposition party Congress sit back and do nothing, no President will ever be tempted to try that again.
May 1, 2008 12:07 PM | Reply | Permalink
In Elwood's response to whitehouse re: secret re interpretation of executive orders, he cited a ruling from Iran Contra.
May 1, 2008 12:30 PM | Reply | Permalink
Regarding:
"Mr. Elwood acknowledged that the administration believed that the president could ignore or modify existing executive orders that he or other presidents have issued without disclosing the new interpretation."
Modifying executive orders that OTHER presidents have issued? Has anyone ever heard of this before? Certainly, this is an EZ impeachable, coupled with the fact that Bonehead's revisions are undisclosed to the public. We need some legal scholars to chime in on this.
May 1, 2008 12:30 PM | Reply | Permalink
I would propose that "secret" modifications of any law or Executive Order, whether signed or not, do not have the power of law. The signed thingies are not law, nor are they Executive Orders. The United States does not have any secret laws.
Can we impeach him now?
Please???
ITMFA
May 1, 2008 1:04 PM | Reply | Permalink
Perhaps you are aware of a court called FISC, which oversees FISA. They have one published opinion, all the others are classified.
We not only have secret laws, we have secret courts for them. Have for more than thirty years.
May 1, 2008 6:26 PM | Reply | Permalink
joevan, I disagree that it's an absolute monarchy. It's an absolute OLIGARCHY washing their hands in blood.
May 1, 2008 1:20 PM | Reply | Permalink
This has really boiled down to a failure of the Judicial Branch. Interpreting law is their job, but the Executive has seized the power to interpret law on every issue from spying to the environment, and the Judicial Branch has essentially ceded them this power, even when in a position to do something about it.
Congress' inability to hold the Admin accountable is frustrating, but Congress has never been able to get anything done. Plus the Admin refuses to speak to Congress or give them information.
On issues of the rule of law, the Judiciary is the ultimate backstop, and they've failed.
May 1, 2008 1:44 PM | Reply | Permalink
diamondjoe, what makes you think the next president will want to undo Bush's expansions of powers? Every Democratic president, as well as Republican, has pushed to expand executive powers. Look at the record of the Carter and Clinton admins and you'll see some of the same kinds of expansive pushes that Bush has been doing, especially in military affairs. Chomsky has a great many examples of this, re Carter and Clinton, if you read him. The pressure on the Constitution from the executive is always relentless, whatever party is in the White House, especially in a time of permanent war as we now have.
This is why it was SO IMPORTANT to impeach Bush, rather than rely on a changing of administration from Repug to Dem to restore the Constitution. Letting him get away with all this crap DURING his term was a terrible constitutional mistake. One that we, our children and grandchildren will forever rue. And who made it possible? Who refused to impeach? You got it: the Democrats!!!
With friends like that, who needs enemies?
May 1, 2008 2:48 PM | Reply | Permalink
Congress has always been an appendage of the Executive.
Why can't we ITMFA already???
May 1, 2008 3:26 PM | Reply | Permalink
Nothing new here. Bush and his minions have done whatever they please since day one. Every law and our constitution itself are subject to whatever interpretation happens to suit them at any given time. And half the country thinks this is just fine. Which means half of all Americans are just as stupid and just as criminal as Bush and could care less that Bush sent over four thousand Americans to be slaughtered in Iraq for no good reason. What was that reason again?
May 1, 2008 3:51 PM | Reply | Permalink
Lucrative contracts for Halliburton/KRB, Blackwater, Titan, etc.etc.etc.
Can you think of any reason more valid than that?
May 1, 2008 4:29 PM | Reply | Permalink
471 U.S. 159 CIA v. SIMS (We dont have to tell you anything, its classified).
542 U.S. 367 CHENEY, VICE PRESIDENT OF THE UNITED STATES, et al. v. UNITED STATES DISTRICT (We especially can't tell you about anything the Dark Lord does)
839 F.2d 768 Sidney M. WOLFE, et al. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (we can change our minds whenever it suits us).
May 1, 2008 6:24 PM | Reply | Permalink
ABSOLUTELY NONE of the leading Democrats in office should EVER hold another public office. At the least, those folks we elected lied about their abilities to make changes at the Washington level. they were nothing more than liars telling us anything to get them more power.
At the most, they are mobsters, protecting their own and their futures with deception, cronyism, fraud and treasonous acts... even to the point of protecting a Republican administration from anything more than negative speeches. They ALL need to be behind bars, not representing decent human beings!!
May 1, 2008 6:46 PM | Reply | Permalink
Hmm, I wonder -- is Gitmo large enough to house all of this mis-Administration's political appointees?
And can I please, please!!!, apply for a job as an interrogator there, starting oh, say, February 2009? (I've memorized Yoo's torture guidelines.)
May 1, 2008 7:39 PM | Reply | Permalink
We have been here before -most notbly -with the Iran Contra scandal - What we must do differntly this time is figure out how we can get around the Presidential Pardons that are surely coming. I am not a lawyer or legal scholar ,but surely there must be a work around for getting at these criminals after the gwb43 is on 'the dust bin of history " It looks like Sen Whitehouse could be offering some leadership here , how can we support & EXPAND THE EFFORT TO GET AT THESE MF 'ers after the boyEmperorbuSH PARDONS THEM AND LEAVES OFFICE - one way to get at accountabilty is to make sure whatever horrible war crimes have been committed in our name gets referred to the Hague ...Bush can't pardon say Bradbury for complicity in torture right ?
May 3, 2008 4:57 AM | Reply | Permalink