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Lots of Republicans, and even a few Democrats like Al Franken, are blithely going along with the Bush Administration's orders for the FBI to break into the offices of Rep. William Jefferson (D-LA) and seize papers, but a few (and their number is growing) can see the bigger picture, and are finally taking a stand.
Speaker of the House Dennis Hastert and former Speaker Newt Gingrich, along with a few other principled Republicans, are speaking out against the Administration's actions. They know it's not the hypocrisy of storming the offices of a Democratic Representative who is only under investigation while leaving the offices of indicted (Tom DeLay) or convicted (Randy Cunningham) Republicans alone. They know it's not about supporting the leader of their party. They know it's about the future; what an even less ethical (if that's at all possible) President than Bush might do with these kinds of powers in the future if they don't stop this now.
It's not the President, stupid, it's the precedent.
Let's imagine a future time, with a new President and a new Congress. We'll leave which party holds the White House and which holds the Congress vague for now, since this really is (or should be) a bipartisan issue. Suffice it to say in this scenario that the President is from Party A, and that Party B has just won control of Congress by narrow margins. They will be taking over on January 3rd.
January 2nd, there is a huge operation put into force. With National Security letters under their belts and some trumped up charges to justify it, FBI agents raid the offices of and arrest twenty Representatives and five Senators from Party B. Since the Supreme Court has already allowed the President to do so, he declares them enemy combatants, and orders them held without charge and without trial. The next day, the new Congress convenes. Although a fair number of members are absent and unable to take the oath, there is still a sufficient quorum. When the votes are cast for Speaker of the House and for reorganizing the Senate, lo and behold, it is Party A, not B, that is back in control.
As the months go on, there might be some resistence to the President's policies, which are starting to become more extreme, even from within his own party. The Speaker of the House decides not to let a favorite bill of the Administration's go to the floor. The next day, the FBI storms the Speaker's office, and "finds" evidence of corruption, money laundering, and white slavery. The Speaker is arrested and out of the picture. The Majority Leader, acting as Speaker, gets the message, and lets the bill go to a vote, which the President wins.
From that point on, it isn't hard to imagine the President using his "enforcement" powers to thin out the herd enough until a Rump Congress, cowed into submission by the scope of the "scandals" amongst them, declare a state of Emergency and suspend Congress, giving the President dictatorial powers. Since the President is Commander In Chief and controls the military, there can be no hope of a citizen uprising. All hail the Emporer.
It's a bit far fetched, but not far fetched enough to be amusing instead of scary. The Congress has already abrogated much of its oversight ability and its check and balance on the Executive. The Supreme Court has already been successfully packed with the cooperation of an acquiescent Senate. The PATRIOT Act and refusal to rein in the President's power over "enemy combatants" has already given George W. Bush near dictatorial power; he hasn't yet used it is all. But what if (as I said before) an even less ethical man is in the White House with all that power at his control? What if we wind up with someone in position who WANTS to weild that power, and WILL do so?
That's why the GOP leadership is starting to worry. They've imagined these scenarios. They know what could come. They know they've set the scene for a President to roll right over them and seize total power.
And they're afraid that the next person in the White House, who could and just might use those great powers, might be a Democrat.
Now that the Republican leadership is starting to see the light, we have to put pressure on them to rein in the Unitary Executive. We have to get them to hold hearings, provide oversight, and undo some of the damage they've already done. We have to put Democrats into Congress this fall who will then assert the Congress' rightful place in the scheme of things and repair the damage still left by the Republicans. And then we need a Democratic President who will commit to a series of Executive Orders within the first few minutes of his Presidency to forever abdicate the immense powers that have been willingly handed over to his predecessor.
Our republic, nay, our freedom, demands no less. No more kings.
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