"U.S. attorneys are emanations of a president's will."

[IChing]

Glenn Greenwald
Friday July 20, 2007 09:27 EST

Bush's magical shield from criminal prosecution

>>>>>snip

(1) What is most significant is, as always, the underlying theory on which this claim is based. From the Post article:
David B. Rifkin, who worked in the Justice Department and White House counsel's office under presidents Ronald Reagan and George H.W. Bush, praised the position and said it is consistent with the idea of a "unitary executive." In practical terms, he said, "U.S. attorneys are emanations of a president's will." And in constitutional terms, he said, "the president has decided, by virtue of invoking executive privilege, that is the correct policy for the entire executive branch."

Just contemplate what that actually means. One of the primary, defining attributes of a civilized society that lives under the rule of law is prosecutorial independence. Without that, political opponents of those in power can be prosecuted for political rather than legal reasons. And worse still, our most powerful political leaders are free to break the law with impunity because they control the prosecutorial process, which -- in this warped view of our republic -- means that presidents have an absolute power to block criminal prosecution of their subordinates who break the law, provided it was done at the President's behest.


The administration's theory is an absolute denial of prosecutorial independence. It means that federal prosecutors are nothing more than obedient servants of the President. They are not merely appointed by the President, but their specific decisions about whether to prosecute executive branch officials for criminal acts are controlled and dictated by the President. They are nothing more, as Rifkin said, than "emanations of the president's will.">>>>snip


http://www.salon.com/opinion/greenwald/2007/07/20/executive_privilege/

[frogcycle]

1. what the hell is up with this Unitary Executive shit

'way back in the 18th century they duked it out over this and decided it would be very, very bad. Shades of George III.

All these assholes promoting a "Unitary Executive" are really despots wanting a dictatorship, thinking they can be part of the "in" crowd and share the spoils, like Saddam Hussein's close friends.

I got news for ya, chumps. The Founding Fathers had it right. You give the power to one person or small group, and the rest of you are fucked.

Promoting a "unitary Executive" is tantamount to advocating htre overthrow of our government, and should be treason.

[Raksha]

2. What the hell kind of crap is THAT???

In practical terms, he said, "U.S. attorneys are emanations of a president's will."

In other words, JUSTICE is the "emanation of a president's will." In other words, we don't actually have a democracy, only the appearance or illusion of one. That's always nice to know. :sarcasm:

[IChing]

4. When someone starts uses "will" describing their right to political power

and not the law. I am reminded of this guy.

[L. Coyote]

3. This is reflected in the centralization of decision making. The USAs no longer

have the same independence as before Bushco. Today, unlike for Carol Lam, corporate fraud charging authority is under the decision of the deputy AG. That change took affect a few days after the USA firings. Only Deputy AG McNulty or someone higher can make those centralized decisions today.

I assume that bribes and political contributions are the reason for these changes, but, hey, maybe the people Bush appoints to USA positions are just not capable of doing what past USAs under Clinton did, making independent decisions based on the law.

[tom_paine]

5. Fuehrerprinzip. They are talking about Fuehrerprinzip.

The "Unitary Executive" is, in fact, Fuehrerprinzip.

[Lisa]

6. "emanations" -- what is this, a Victorian-era parlor seance, or something?

Good grief. He actually meant this, seriously?

[Jed Dilligan]

7. That statement OTOH

is an emanation of the President's ass.

[Blue_In_AK]

8. Is this the same Rivkin

that was dressed like a clown on Hardball yesterday? Did these people not take highschool civics?

[Raven]

9. "Magical thinking" is an aberrant mental condition, but we

all already knew that.

[Buns_of_Fire]

10. If I were a USA, I'd feel a little insulted,

thinking that Chucklenuts might have thought up my appointment in the wee hours of the morning whilst sleeping -- which would make me a "nocturnal emanation", from his point of view.

[Disturbed]

11. " I serve at the pleasure of the President." Gonzo

Yes, folks we are on the edge of a Fascist Police State.

Will Congress comply to the "New World Order"?

[TheCentepedeShoes]

12. It's the urinary executive

and the enemas of his so-called mind.