Glenn Greenwald: republicans introduce bill making imperial presidency law

[bigtree]

Friday, March 17, 2006

The new Nixon Law is introduced -- that which the President does is legal


Michael DeWine yesterday introduced what he is calling The Terrorist Surveillance Act of 2006 (.pdf), co-sponsored by those independent maverick Republicans Olympia Snowe, Chuck Hagel and Lindsay Graham. The purpose of the bill is to render legal the illegal warrantless eavesdropping program ordered by the President more than 4 years ago. This bill is based upon the Richard Nixon Theory of Executive Infallibility, famously expressed in Nixon's 1977 interview with David Frost:

FROST: So what in a sense, you're saying is that there are certain situations, and the Huston Plan or that part of it was one of them, where the president can decide that it's in the best interests of the nation or something, and do something illegal.

NIXON: Well, when the president does it that means that it is not illegal.

FROST: By definition.

NIXON: Exactly. Exactly. If the president, for example, approves something because of the national security, or in this case because of a threat to internal peace and order of significant magnitude, then the president's decision in that instance is one that enables those who carry it out, to carry it out without violating a law. Otherwise they're in an impossible position.

With that Presidential Infallibility premise firmly embraced by the independent Republican mavericks, we are presented with the Terrorist Surveillance Act. This is what it does:

It expressly empowers the President, in Section 2(a), to "authorize a program of electronic surveillance without a court order for periods of up to 45 days.” The President can simply renew the program every 45 days by certifying that renewal of the program is appropriate (Section 4(b)(2)). Contrary to initial press reports and to this morning's article in The Washington Post, the newly created Intelligence Subcommittee (at least as I read the bill - see below) has no power to approve or reject any warrantless eavesdropping programs. Its only purpose is to be briefed periodically on the eavesdropping activities undertaken as part of the program.

In sum, the bill authorizes and makes legal precisely the illegal conduct in which the Administration has been continuously engaging since September or October of 2001. The Administration claims that it reviews its warrantless eavesdropping every 45 days, so that's precisely what the bill authorizes. Or, as Richard Nixon says: "when the president does it that means that it is not illegal."


Here are some additional observations about the bill:

http://glenngreenwald.blogspot.com/2006/03/new-nixon-law-is-introduced-that-which.html

[rkc3]

1. Paragraph 3, subsection (d)...

The president can simply renew his presidency for as long as he fucking sees fit. If you don't like it, don't worry - Halliburton is building your next residency.

[AX10]

2. I will VOTE FOR NO REPUBLICANS.

They are all the same. Everyone of them is a criminal enabler to *!

[KoKo]

3. Well....there are other ways

to hold him accountable. This administration had done so much else that's illegal that it's time to get clever and start bringing some Civil Suits. RICO Suits ...whatever it takes.

ACLU and others are working at chipping away their Imperial Presidency. We can't rely on congress. That's pretty obvious. They don't want to bring down this Presidency...they refuse to act together and the few good ones who are trying are constantly beaten down and thwarted by the do nothings who are afraid of their own shadows or so deep in the muck they don't want to be exposed.

It's depressing...but at some point one of their Abuses will bring them down.

[Jack Rabbit]

4. Warning for Vichy Democrats

This is a crucial test. Support for this bill will be regarded as support for Bush and tyranny and disregard of the people and the rule of Constitutional law.

Got that, Senator Lieberman? Mr. From?

[Norquist Nemesis]

6. And rest of the gang

Nelson (NE) is the first that comes to my mind

[Norquist Nemesis]

5. Un-freakin-believable

Lindsay Graham isn't as smart as he thinks he is. Bush just might have a signing statement with this bill expanding to to things they did not intend...or imagine.

[EFerrari]

7. Yeah, like dispensing with Congress altogether.

You'd think even Graham would want to protect his frickin job.

[bigtree]

8. The executive branch shall construe. . . shall continue ignoring Congress

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=74846

[in_cog_ni_to]

9. Their arrogance is unbelievable. This is like the ethics committee

in the House, ONLY 100 times worse! The ethics committee found Delay was corrupt so they just changed the rules to make them fit the corruption. Now the slime-balls find the crime syndicate has broken the LAW, so they are just changing the freakin' law so the crimes committed aren't crimes anymore. Is there something wrong with this picture? Can you say...F-A-S-C-I-S-M? Oh, and of course, the spineless, useless Democrats will go along with this. They won't challenge it. Anyone want to bet me?

[MODemocrat]

10. Bush is already doing just that; he doesn't need any New laws

He's been lying and cheating and breaking the laws of the lands for five years now and has never had to swear under oath; hence, he has not been made to pay for his crimes. So why bother now to make it legal?
They must be afraid he's done enough to go to prison already; at least anyone else would have had to pay for the same or lesser crimes.

[LeaveIraqNow]

11. Even if they passed this.

Wouldn't he still be on the hook for his illegal wire tapping's because it happened before it became legal?

[Lindsay]

14. You'd think so, wouldn't you?

But they'll just ignore that. Like they've ignored it every other time he's shredded the Constitution, and supported every idiot scheme the maladministration has come up with.

Welcome to DU, LeaveIraqNow.

[Norquist Nemesis]

15. Only if the Majority Party chose to investigate

Don't see that happening with the current majority.

Welcome to DU! :hi:

[sutz12]

12. Shit, just fit him for his fucking crown..... nt

[texpatriot2004]

13. Having a dictator is Un-American nm

[Little Star]

17. Or even having a king n/t

[BurtWorm]

16. This is why Dems have to get together behind the censure vote.

To stop this act of fascism from taking root.