But the other cases Gore cited are more troubling. The Abu Ghraib prison abuse scandal, for which only low-level military personnel have been punished, traces back through higher and untouched levels of command to the Pentagon, the Justice Department and the White House, all of which failed in their duties to ensure that the occupation forces were adhering to recognized international standards for the treatment of prisoners.
Similarly, the administration's resistance to setting and enforcing clear prohibitions on torture and inhumane treatment of detainees in the war on terrorism raises legitimate questions about its willingness to adhere to the rule of law. From the first days after Sept. 11, Bush has appeared to believe that he is essentially unconstrained. His oddly equivocal recent signing statement on John McCain's legislation banning such tactics seemed to say he could ignore the plain terms of the law.
If Judge Samuel Alito is right that no one is above the law, then Bush's supposition deserves to be challenged.
Gore's final example -- on which he has lots of company among legal scholars -- is the contention that Bush broke the law in ordering the National Security Agency to monitor domestic phone calls without a warrant from the court Congress had created to supervise all such wiretapping. If -- as the Justice Department and the White House insist -- the president can flout that law, then it is hard to imagine what power he cannot assert.
Senate Judiciary Committee Chairman Arlen Specter has summoned Attorney General Alberto Gonzales to a hearing on the warrantless wiretap issue, and that hearing should be the occasion for a broad exploration of the willingness of this administration to be constrained by the Constitution and the laws.
Broder's column carries a lot of weight inside the beltway for reasons that escape me, so now all the kool kidz in the DC press corp should be piling on soon.
Impeachment anyone?
No comments:
Post a Comment