BUSH's Dubious Power Grab: "End Uniformed Lawyer's Role-As A Check & Balance On Presidential Power"

[kpete]

Bush taking more authority over military lawyers
12.15.07 -- 9:24AMBy Steve Benen

The Bush administration? Undermining the independence of military lawyers with a dubious power grab? You don't say.

The Bush administration is pushing to take control of the promotions of military lawyers, escalating a conflict over the independence of uniformed attorneys who have repeatedly raised objections to the White House's policies toward prisoners in the war on terrorism.

The administration has proposed a regulation requiring "coordination" with politically appointed Pentagon lawyers before any member of the Judge Advocate General corps - the military's 4,000-member uniformed legal force - can be promoted.

A Pentagon spokeswoman did not respond to questions about the reasoning behind the proposed regulations. But the requirement of coordination - which many former JAGs say would give the administration veto power over any JAG promotion or appointment - is consistent with past administration efforts to impose greater control over the military lawyers.

The former JAG officers say the regulation would end the uniformed lawyers' role as a check-and-balance on presidential power, because politically appointed lawyers could block the promotion of JAGs who they believe would speak up if they think a White House policy is illegal. (emphasis added)http://www.boston.com/news/nation/washington/articles/2007/12/15/control_sought_on_military_lawyers/

Charlie Savage's piece, which is well worth reading, adds that the plan would direct broad new power over the JAGs to William "Jim" Haynes, the Bush-appointed general counsel at the Pentagon, best known for writing the Pentagon's infamous 2002 policies endorsing physical and mental duress on terror prisoners, and reportedly cutting top military lawyers out of the loop if they were likely to object.
http://talkingpointsmemo.com/archives/061114.php

[IDemo]

1. Well, why stop with trashing the Justice Dept. when you're on a roll? n/t

[napi21]

2. Hmmm...I wonder what Liindsey Graham has to say about that?

Is Uncle Shrub STILL his best buddy?

[Donna Zen]

7. Lyndsey Graham...snap!

That's an easy question: He will appear on the Sunday gasbags and condemn the move, then he'll vote for it. You see, Graham's in a race with Arlen Spector to see how fast they can talk out of both sides of their mouths. Spector's has more practice, but Lyndsey is definitely in it to win.

[Bigmack]

3. "Military Justice"...is that an oxymoron? nt

[Stephanie]

4. He believes he has the option of staying on after next year >>>

In this interview, he implies that it's his CHOICE, not the law, to get lost when his term ends.

http://abcnews.go.com/WN/Politics/story?id=3983693&page=1

Raddatz: And it looks as if your friend Putin will be prime minister?

Bush: I don't know about that. I know he endorsed a candidate for president. I don't know him well. I don't remember

Raddatz: And that candidate said he would want him for prime minster?

Bush: That is what I heard. I think we just better let the elections play out and see what happens. I don't know if President Putin has made any decisions or not on becoming the prime minster.

Raddatz: Is that something you would want to see?

Bush: I don't know. You know, just let me say this. It is not something I would want to do. I want to serve my time as resident of the country and move on and let somebody else take the helm, and that is exactly what is going to happen here.

[gratuitous]

5. No response from the Pentagon or the administration

But you know our oh-so-fair bulldogs of the Fourth Estate will refrain from putting this in any kind of a negative light until the administration gets its story together and can put out a lie (believable or not). Then it will be a "one side says/the other side says" story that nobody can definitively say what's really going on here.

And, operating in the shadow of that manufactured doubt, no matter how slim it is, the administration will again cover up another crime while the people are kept ignorant.

[OzarkDem]

6. What is he / Cheney preparing for?

They're in the twilight of their rule. What's left to be done, except protect the leaders from prosecution?

[The Backlash Cometh]

8. Or you may end up with city attorney types who just do unclever things

just because the price is right. No politics necessary.