BUSHCO'S-DeCriminalization Of Crime-"Sometimes necessary to violate law in order to uphold law"-LAT

[kpete]

Tuesday, March 04, 2008
"Because executive privilege is also a law, it's sometimes necessary to violate the law in order to uphold the law"

jonathan turley describes the catch-22 of the bush administration, perfected by its newest criminal cabinet member, michael mukasey...

In his twisting of legal principles, the attorney general has succeeded in creating a perfect paradox. Under Mukasey's Paradox, lawyers cannot commit crimes when they act under the orders of a president -- and a president cannot commit a crime when he acts under advice of lawyers.

...

Once in office, Mukasey still had the nasty problem of a secret torture program that was now hiding in plain view. Asked to order a criminal investigation of the program, Mukasey refused. His rationale left many lawyers gasping: Any torture that occurred was done on the advice of counsel and therefore, while they may have been wrong, it could not have been a crime for CIA interrogators or, presumably, the president. If this sounds ludicrous, it is. Under that logic, any president can simply surround himself with extremist or collusive lawyers and instantly decriminalize any crime.

...

When reduced to its purest form, Mukasey's Paradox is that government officials cannot violate the law -- but that because executive privilege is also a law, it's sometimes necessary to violate the law in order to uphold the law.

...

Consider that Mukasey took an oath under which he swore to uphold the laws of this country -- even if the violator is the president of the United States or his aides. That oath means that all laws must be upheld without exception. Except, according to his interpretation, that executive power is a form of constitutional law that creates exceptions to the enforcement of laws.
http://www.latimes.com/news/opinion/la-oe-turley4mar04,0,4839406.story?track=ntothtml

via:
http://takeitpersonally.blogspot.com/2008/03/because-executive-privilege-is-also-law.html

[malaise]

1. Same with the Telecoms companies

Indeed anything Bush declares legal is legal :sarcasm:

[tanyev]

2. Everything old is new again.

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.

http://www.landmarkcases.org/nixon/nixonview.html

[Solly Mack]

3. K&R