More outrage from conservatives and liberals alike. Tony Arend rounds out some of the legal issues. It becomes more clear by the hour that Bush’s actions were illegal, despite the spinning (and weaving, and dodging) of his defenders (hit tip: LGM).
The current line of counterattack is twofold. First, impugn the integrity of the New York Times (not the most difficult task these days). Second, call the people who are leaking information about our out-of-control Executive branch treasonous swine.
The second is meritless on its face. The larger fact is, however, that the “attack the messenger” strategy is just a smokescreen. It really doesn’t matter one whit if the intentions of those who leaked and reported this story were honorable or not; what matters is that the pattern of Executive misconduct – and disregard for domestic and international law – gets worse and worse as each new revelation emerges.
From yesterday’s Reuters’ wire story:
He insisted his role as commander-in-chief gave him the authority to allow the surveillance. He said the program was constitutional, was reviewed by legal authorities and that leaders in Congress were aware of it.
Democratic Sen. Russ Feingold (news, bio, voting record) of Wisconsin said he was shocked by the program and disagreed with Bush on its legality.
“The president believes that he has the power to override the laws that Congress has passed. This is not how our democratic system of government works,” Feingold said. “He is a president, not a king.
Knight Ridder quotes Carl Tobias, a law Professor at the University of Richmond:
I don’t understand why the law wasn’t used… Congress has clearly provided for what was going on. It seems to be that that procedure should have been followed. It’s important not to view that activity in a vacuum… There are a whole number of actions that the president has taken premised on unilateral executive authority that many observers find problematic.” [from the print edition of the Columbus Dispatch]
We live in an era where shopping is a patriotic duty, but revealing gross violations of the rule of law is treason. Anyone else see anything wrong with this picture?
[edited and updated since initial posting]
Filed as: John Yoo, NSA, George Bush, impeachment
Daniel H. Nexon is a Professor at Georgetown University, with a joint appointment in the Department of Government and the School of Foreign Service. His academic work focuses on international-relations theory, power politics, empires and hegemony, and international order. He has also written on the relationship between popular culture and world politics.
He has held fellowships at Stanford University's Center for International Security and Cooperation and at the Ohio State University's Mershon Center for International Studies. During 2009-2010 he worked in the U.S. Department of Defense as a Council on Foreign Relations International Affairs Fellow. He was the lead editor of International Studies Quarterly from 2014-2018.
He is the author of The Struggle for Power in Early Modern Europe: Religious Conflict, Dynastic Empires, and International Change (Princeton University Press, 2009), which won the International Security Studies Section (ISSS) Best Book Award for 2010, and co-author of Exit from Hegemony: The Unraveling of the American Global Order (Oxford University Press, 2020). His articles have appeared in a lot of places. He is the founder of the The Duck of Minerva, and also blogs at Lawyers, Guns and Money.
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