Confrontational investigations, subpoenas, and hearings are the priority (Glenn Greenwald)

[Starfury]

IMO, Glenn nails it with this. Congressional Democrats have to fight and fight hard if we're to ever regain our government. Passing legislation, resolutions, etc. won't do it. It's just that simple.

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Democrats in Congress need to realize right now that the administration will not produce or disclose any meaningful evidence unless and until they are truly forced to do so, and forcing them to disclose meaningful information is going to require a willingness to fight hard. Vague little threats of future action or pseudo-tough allusions to subpoenas are pointless. Far more than legislative solutions that will go nowhere and have no chance of passing (absent real changes in the focus of public and media attention), what must be the first priority are efforts to shine a bright light on what this President has been doing in the dark for years.

There has been talk recently from the President's supporters of the possible "constitutional crisis" that may be triggered by a confrontation between the President and the Congress over war powers in Iraq and/or Iran. Such talk is absurd. We have had a constitutional crisis in this country since September, 2001, when the Bush Justice Department promulgated theories of limitless presidential power that could not be any more repugnant to our constitutional order. And since then, this President has exercised those powers continuously and aggressively, to the point where he has literally existed outside of and above all forms of law, and has been all but immune from true judicial scrutiny and/or Congressional oversight or limitation.

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Democrats have to internalize that this administration does not operate like previous ones. No rational person can doubt that they are limitless in their contempt for legal restrictions or notions of checks and balances. The last election, by itself, has not changed their approach and will do not so. They are not going to voluntarily comply with anything or disclose anything. They are going to have to be forced to do so.

And televised, highly publicized confrontations over the administration's hubris and arrogance and utter contempt for our legal institutions and political traditions is not something to be avoided. It is something we desperately need as a country. Issue subpoenas for all of this information, make them defy the subpoenas, and then demand that courts compel compliance. Create media dramas in which the administration fights to maintain full-scale secrecy around all of its legally dubious and extreme behavior. Americans hate hubris of that sort and do not trust this administration. Those are fights they cannot win.

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I highly recommend reading the full essay:
http://www.salon.com/opinion/greenwald/2007/03/04/hearings/index.html