Saturday, November 8, 2008

Forgive and Forget - No Way!

One temptation we should resist with every fiber of our being is the temptation to let the past eight years recede from memory without insisting upon public accountability for Bush administration officials.

I understand that Americans are currently concerned with what seem like more pressing matters. But here's just one reminder of what Bush officials did, in our names, and how they nearly destroyed our constitutional order in seeking to aggrandize executive power. I could provide many more examples.

Fortunately, the U.S. Supreme Court overturned portions of the Military Commissions Act and restored the writ of habeus corpus, and congressional complicity with the assault on our constitutional order appears to have been politically punished. But that's not nearly enough.

Torture needs to be exposed and repudiated. Government lawlessness needs to be exposed and repudiated, officially and publicly. We need to read those secret legal memoranda authorizing "enhanced interrogation techniques" and other executive actions to see the extent to which the administration used the OLC to write its own laws without congressional input or judicial review. We need a full investigation into the politization of the Justice Department. We need a full account of the initial surveillance program that was so patently illegal that the entire leadership of the Justice Department and the FBI threatened to resign in mass unless the program was altered. We need a full account of these and many other matters, and we should demand such an account.

None of this is nice, and its easy to smear those calling for accountability as vindictive. But if we don't do it, we can expect all of this to happen again during the next crisis - perhaps by a more ruthless and competent administration, and one that will be able to cite Bush administration actions as precedent for its own.

Joe H.

2 comments:

Cara Heilmann said...

Glad I found you. I feel smarter just reading your blog. ;-) We miss you. Kiss kiss.

Bilbo Baggins said...

I doubt it was an accident that just as Renegade and Renaissance travelled to their White House rendevous with W and Laura, havahd law prof Lawrence Tribe (an Obama legal advisor) was doing a press briefing on the President-elect's review of the current administration's detention policy (and perhaps the closure of Guantanamo). Larry Tribe used the words "dungeons" to describe what we've held those prisoners in limbo -- the Declaration of Independence included as complaints some things that seem familiar -- one of the hardest things is to believe that these "rights" should be extended to our enemies and that those suspected terrorists are not somehow different from "normal" enemies:
What the founders said about George III:
"He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
"He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
"He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
. . .
"He has affected to render the Military independent of and superior to the Civil Power.
"He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
. . .
"For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
. . .
"For depriving us in many cases, of the benefit of Trial by Jury:
"For transporting us beyond Seas to be tried for pretended offences. . . ."
One of my college roommates calls the Bush II administration "The McCarthy Era: the Sequel."