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Want to Block an Iran War? Block FISA.

by: elwood

Fri Jun 27, 2008 at 07:04:40 AM EDT


We are in a very dangerous period.

In seven months the Bush-Cheney Administration will end. Between now and then it will try to lock in policies that the next President cannot undo. It will try to establish a Bush Doctrine of foreign policy that will force future Presidents to discuss options within the context that Bush-Cheney set down.

In January 2009 I expect Bush to issue broad pardons for crimes that may have been committed by people in  his Administration, whether we know about them or not. GHW Bush pardoned Weinberger and Abrams; GWB will  once again "outdo" his father. (I also expect the pardons to cover any criminal exposure that corporations might have for cooperating with the government - the hope of John Dean and others that AT&T and Verizon could be prosecuted in the future is chimerical.) We learned in the Watergate era that Constitutional lawyers believe the pardon power is broad enough for the President to pardon himself. I fully expect Bush to do that.

More - including the FISA and Iran connections - below the fold.

elwood :: Want to Block an Iran War? Block FISA.
In the meantime, the big item left on the neocon agenda is a major attack on Iran. It's the third leg of the Axis of Evil; Iraq and North Korea have been addressed. Any Obama - or McCain, for that matter - plans to reshape foreign policy in the Mideast will be exploded by the air attack on Iran.

We are at a fork in the road now.

Congress can effectively declares that this Administration is now in a caretaker role and reject any new initiatives on the simple principle that we can wait until January instead. The President has the lowest approval rating in the history of polling; four out of five voters believe his Presidency has shifted the country to the "wrong track." Congress can stop listening to excited talk about where he wants to drive the car and just take away the keys.

Or Congress - especially you, Senator Obama - can make the political calculation that a fight with the administration is a distraction that could make you look bad, or at the very least distract from the issues you want to run on. If we were talking about a pragmatic administration that would make perfect sense. But we are not. The Bush Administration is the most ideological and extreme of my lifetime. If you leave it running things unchecked while the campaign proceeds, it will work feverishly to fundamentally reshape American policy in ways you cannot undo.

In June 1968 Earl Warren retired from the Supreme Court. The Republican minority decided that LBJ would be consigned to a caretaker role and not allowed to name the new Chief Justice. The voters did not punish the Party or its nominee for that action.

In July 2008 the Senate will decide whether to entrust the rewrite of national security rules to the Administration that called the "bin Laden determined to attack US" briefing a "CYA memo" and outed Valerie Plame, or to wait seven months and let a new President with a new mandate provide leadership.

The Iran war planners will be watching to see how much leeway they have.

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Well said (0.00 / 0)
Re: pardons, there is one limitation on them, and I mention it reluctantly on Unity day, but for the record here it is:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.


As I understand it, though (0.00 / 0)
that means that the impeachment itself cannot be pardoned - i.e., a President cannot stay in office after losing an impeachment trial in the Senate, by pardoning himself.

But even then, he can escape prosecution in court by pardoning himself for those same crimes that the impeachment process identified.


[ Parent ]
I think that's correct (0.00 / 0)
But if one were worried about the pardon power, one could theoretically strip Bush of it by impeaching him. Then it would pass to Cheney, who could not pardon Bush, because Bush would have been impeached (as I read it).



[ Parent ]
But then, is it possible to pursue in court crimes committed in one's capacity as President? (0.00 / 0)
I feel like I've read that it isn't.

--
"Act as if ye have faith and faith shall be given to you." -Aaron Sorkin


[ Parent ]
The court would have to decide (4.00 / 1)
whether an action was really in that capacity.

Ex-President Allen claims that he murdered someone to preserve  national security? He can tell it to the judge.


[ Parent ]
It's okay with me.... (0.00 / 0)
if Bush pardons himself, that would leave no doubt that he is a criminal and that is how he'll be remembered..

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