The One With Aldacron

The Washington Post reports that the Bush administration has made an extraordinary claim:

“A U.S. attorney would not be permitted to bring contempt charges or convene a grand jury in an executive privilege case,” said a senior official, who said his remarks reflect a consensus within the administration. “And a U.S. attorney wouldn’t be permitted to argue against the reasoned legal opinion that the Justice Department provided. No one should expect that to happen.”

Essentially, the Bush administration is claiming that they can do anything they want, block any Congressional oversight of what they do by claiming executive privilege, and Congress has no legal ground to stand on to hold anyone in contempt who refuses to testify. Is there anyone out there who still believes Bush isn’t turning into a dictator?

The Constitution of the United States of America is explicitly designed to limit the power of any one branch of government through a system of checks and balances. Over the past six years, the Bush administration has consistently and repeatedly taken steps to bypass those checks and balances in order to create a ‘unitary executive’ that is a power unto itself, beyond the oversight of Congress and above the law. Most of these steps, taken in the form of signing statements and executive orders, were never reported by the mainstream media. The Republican Congress did little to stand in his way, while the Democratic Congress has been timid and ineffectual in pursuing its oversight role.

This latest move by the administration is one of the boldest it has made to date. If left unanswered, it sets a dangerous precedent for future administrations. The United States of America has never had a “Supreme Leader.” Yet, if this act is allowed to stand, we will in essence have exactly that. What sort of country will America become when her president is a de facto dictator, unaccountable to anyone? What happens to our country when the president is allowed to do as he wills, to break laws and abuse human rights, without fear of consequence? Bush has already been doing that to some extent for the past six years. If he is not punished for his actions, then the floodgates will open and all crimes and atrocities this administration has committed will pale in comparison to what the future holds.

It’s time for Congress to grow some teeth. Some of them are certainly barking pretty loudly right now:

Senate Majority Leader Harry M. Reid (D-Nev.) called it “an outrageous abuse of executive privilege” and said: “The White House must stop stonewalling and start being accountable to Congress and the American people. No one, including the president, is above the law.”

Sen. Charles E. Schumer (N.Y.) said the administration is “hastening a constitutional crisis,” and Rep. Henry A. Waxman (D-Calif.) said the position “makes a mockery of the ideal that no one is above the law.”

Waxman added: “I suppose the next step would be just disbanding the Justice Department.”

Well, when are they going to stop barking and actually bite? Many Democratic members of Congress have been paralyzed with fear of a negative political backlash if they pursue impeachment, claiming that the Republicans will accuse them of political theater, or saying that starting impeachment proceedings so soon after they were brought against the last president will weaken the process. And these are the same people who accuse Bush of being delusional and failing to face reality.

If Senators Reid and Schumer, and Representative Waxman, truly feel so strongly that Bush is putting himself above the law, then what are they waiting for? They need to get over to Nancy Pelosi’s office, let her know that impeachment definitely is on the table if she wants to avoid a no-confidence vote, and get the House to draw up the articles so that the Senate can get on with the trial and get these criminals out of the White House. The consequences of not doing so transcend politics. The Bush administration has steadily eroded the authority of the Congress as he has expanded his own. If he is not stopped now, Congress will face a long struggle to restore balance again and possibly never will. And most likely will find America in yet another war, this time with Iran, as a bonus for their gross dereliction of duty.

Update: Glenn Greenwald has written an insightful post about this issue.

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