How
Republicans Created Executive Branch Hegemony
by
Paul Craig Roberts
by Paul Craig Roberts
DIGG THIS
Having made
the mistake of confirming Michael Mukasey as US Attorney General,
the Democrats again find their efforts to hold Republican government
officials accountable for illegal and unethical behavior stonewalled
by the Department of Justice (sic) and blocked by the brownshirt
tactics for which the Bush Regime is now infamous.
White House
chief of staff Josh Bolten and former White House counsel Harriet
Miers were found in contempt of Congress for refusing to comply
with subpoenas and refusing to cooperate with congressional committee
investigations of the Bush Regime’s political firings of eight Republican
US Attorneys. The eight fired US Attorneys declined to politicize
their offices by investigating only Democratic officials and ruining
their election chances with leaks from "investigations"
designed to smear their reputations.
Mukasey gave
House Speaker Nancy Pelosi and the majority Democrats in Congress
the finger and refused to refer the House of Representatives charges
against the two Bush Regime operatives to a federal grand jury for
investigation. Following the now established practice by the Bush
Regime, Mukasey told the Speaker of the House that members of the
executive branch are above the law and are not accountable to the
US Congress, formerly a co-equal branch of government under the
US Constitution in the days now past when the executive branch felt
obliged to abide by the Constitution.
Mukasey boldly
asserted in his letter to Congress that Miers and Bolton are immune
from congressional subpoenas and, thereby, their "noncompliance
did not constitute a crime." According to Mukasey, "The
contempt of Congress statute was not intended to apply and could
not constitutionally be applied to an executive branch official
who asserts the president’s claim of executive privilege."
The way matters
stand in America today, the executive branch can falsely prosecute,
frame up, and imprison members of Congress and governors of states
at will, but itself cannot be held accountable to law.
Pelosi herself
was instrumental in making the executive branch unaccountable to
Congress or to law when she declared impeachment of Bush to be "off
the table." This declaration by the Speaker of the House has
effectively released the Bush Regime from any accountability, just
as the Enabling Act released Hitler from any accountability to the
Reichstag, the German constitution, or statutory law.
Moreover, the
case for impeaching Bush and Cheney – indeed the entire administration
– is by far the most powerful and necessary case for impeachment
that has ever existed. By declaring Bush unimpeachable, Pelosi is
giving away Congress’ only remaining power to prevent tyrannical
rule by the executive branch. If Bush is above impeachment, every
future president will be as well.
The Democrats
naïvely believe that just one more year and the Bush Regime horror
will be gone. But that is not the case. No matter who is the next
president, the Bush Regime has established that the executive branch
is no longer a co-equal branch of government. It is the primary
branch, armed with unaccountability and the discretion to consult
with other branches of government if it so wishes. The US Congress
cannot give up the powers it has given up during the Bush years
and ever expect to get them back.
The US Congress
cannot conspire in Bush’s destruction of US civil liberty and expect
a future restoration of civil liberty.
Republican
federal judges who have aided and abetted the rise of an executive
branch dictatorship cannot expect the judiciary to continue as a
check on the unconstitutional and illegal behavior of the executive
branch.
The Bush Regime,
with the complicity of Congress and the judiciary, has destroyed
the American constitutional system. For the brownshirt Republicans
only THE AGENDA is important. Law, Constitution, separation of powers,
truth, decency, honor – all of these things and any others in the
way of THE AGENDA are dispensable.
While neoconservatives
used 9/11 to pursue American and Israeli hegemony, Republicans used
9/11 to pursue executive branch hegemony. Whether or not Republicans
can hold on to the executive branch through election theft or declaration
of national emergency, the power that they have accumulated in the
executive branch will remain. In the November 2006 congressional
elections, voters gave Democrats control of Congress in order to
rein in the Republican administration, but by then Congress had
been reduced to an impotent branch of government and has proven
to be incapable of reining in even an unpopular president with a
19% approval rating.
If a Regime
that has come to be despised and deplored by a majority of Americans
and the world can ride roughshod over law and the Constitution,
constitutional government obviously has no future in America.
Pelosi says
the House of Representatives is going to file a civil suit against
the Bush administration for refusing to help it enforce its subpoenas.
Who does Pelosi think is going to prosecute the suit, the politicized
Republican US Attorneys? The Republican federal judges who have
helped to create the unaccountable executive?
The
White House branded Pelosi’s request for a federal grand jury to
enforce the House subpoenas "truly contemptible." Pelosi’s
House Republican colleagues dismissed her request as "a partisan
political stunt." White House spokesman Tony Fratto played
the fear card and denounced Pelosi for trying to investigate loyal
Americans instead of passing legislation that makes Americans safe
by allowing the executive branch to spy without warrants. House
GOP leader John Boehner’s spokesperson accused Pelosi of making
Americans unsafe by "pandering to the left-wing fever swamps
of loony liberal activists."
The
only power the House has left is impeachment, and Pelosi is too
frightened to use it. Why is the Speaker of the House afraid to
use the power the Constitution gives her to remove from office a
president who deceived Congress and the American people, who violated
US and international law, and who is a clear and present danger
to American liberty, to the US Constitution, and to peace and stability
in the world?
March
4, 2008
Paul
Craig Roberts [send
him mail] a
former Assistant Secretary of the US Treasury and former associate
editor of the Wall Street Journal, has been reporting shocking cases
of prosecutorial abuse for two decades. A new edition of his book,
The
Tyranny of Good Intentions,
co-authored with Lawrence Stratton, a documented account of how
Americans lost the protection of law, is forthcoming from Random
House in March, 2008.
Copyright
© 2008 Creators Syndicate
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