John Dean: "Congress Is Well-Aware Of Bush’s Imperial Presidency and Its Abuses of Power"

[kpete]

Congressman Kucinich's Impeachment Resolution, the Parallel to Nixon, and Why Even Nixon's Defenders Finally Abandoned Him

By JOHN W. DEAN

Friday, Jul. 25, 2008

.....................

Congress Is Well-Aware Of Bush’s Imperial Presidency and Its Abuses of Power

Based on conversations with members of the House and Senate, and countless public statements, there is no question that Congress understands that the Bush/Cheney presidency treats its members as if they were, and should be, a decidedly lesser branch. Nixon did the same, but with a difference. When Nixon was president, Congress reached a point where it was determined to end his abuses of presidential power. Yet pointing out this out would have been testifying to the obvious, and there is nothing I could say that would give those on Capitol Hill without spine the fortitude needed to take action. As with Nixon, Congress will have to stand up to the bully at the other end of Pennsylvania Avenue on its own – or never do so.

Also, there is no shortage of witnesses who can discuss the abuses of power by Bush and Cheney, to create a record of how they have gone beyond established constitutional limitations. The examples are well-known: their excessive and unnecessary secrecy, their incessant stonewalling and refusal to provide information to Congress, the issuance of executive orders that have rewritten important laws (like Bush’s virtual repeal-by-executive-order of the Presidential Records Act of 1978), their politicization of the Department of Justice, their striking disregard for civil liberties, their exclusion of Congress from the necessary national security information when it votes on legislation like the FISA amendments (leaving Congress with no idea what the changes do or do not do), their deceiving Congress about the reasons for war in Iraq, their relentless expansion of purported executive prerogatives, their ongoing politicization of the federal judiciary, their violations of longstanding treaties in order to embrace a policy of torture, their utilization of the concocted theory of executive power known as “the unitary executive theory,” and their endless signing statements accompanying legislation and claiming the right to not enforce laws enacted and signed by the president. And this is to name merely a few of the matters with which the Congress is painfully familiar.

.........................

Neither the federal courts nor voters have been inclined to rein in an outsized American presidency under the Republicans, because the federal judiciary is dominated by conservative Republicans who think an all-powerful president is good, and the average American voter does not have a clue about the cost he or she pays for an imperial presidency. So it has come down to the congressional Democrats (and a few moderate Republicans) to deal with the bloated presidential powers that have disrupted the Constitution’s balance.

.........................

Accordingly, I thought if I could merely make the point that conservatives, at one point, decided that they could not tolerate Nixon’s imperial behavior, and explain exactly why they came to that decision, it might clear the Republicans’ focus to deal with Bush and Cheney. Unfortunately, explaining this Nixon-versus-Congress history would be no easy task, for I discovered how ignorant current members of Congress are about Watergate when testifying before the Senate Judiciary Committee a few years ago. At that hearing, South Carolina Republican Senator Lindsay Graham made statements and asked questions about Watergate that were less informed that I get from today’s average high school student.

read the rest at:
http://writ.news.findlaw.com/dean/20080725.html

[sellitman]

1. His last line sums it up pretty good.

Disturbingly, it has been clear for some time that Bush and Cheney did indeed lie – and that their lies fit within a clear, extensive pattern of abuse of power. Yet condemnation from Congressional Republicans has yet to be heard. Sadly, it seems possible that today’s Republicans -- unlike Wiggins and the other Nixon apologists who changed their minds when confronted with proven presidential lies -- have no moral lines that they will draw.

Don't you think?

[Jackpine Radical]

14. Yes. That's exactly it.

Or, to be a bit more blunt, they have no morals beyont the pragmatic one: If you get away with it, it's OK. That is the mark of the true psychopath--or, to put it into the terms of a previous generation, that is the mark of true evil.

[proud patriot]

19. sadly , he's probably correct

I'm usually more optimistic about human nature.

[drm604]

26. I do think that they have no moral lines

I have a theory that a party whose platform is dramatically at odds with the interests of the vast majority of people will, over time, elect more and more people who are either amoral or easily manipulated incompetents. Anyone who understands the platform and honestly represents it stands little chance of gaining office.

[Hydra]

28. Ironically, you are correct

The official policies are just window dressing- and they consider anyone who honestly champions those causes to be an idiot and worthy only to be a duped tool.

There is a surprising parallel where I saw that in play- the church.

[truedelphi]

36. Lately I have been extrapolating what I learned about the inner workings of the

County of Marin to the larger stage of the US government.

Look at Diane Feinstein. She votes for the IWR - and immediately after that her husband receives a contract allowing him to do business inside Iraq for some close to thirty million dollars.

Over the past month, she has voted once again for certain things - and now her husband has received further contracts that will total HUNDREDS OF MILLIONS of dollars.

No one in Congress is batting an eye. Yet clearly what is occurring with Feinstein and her voting record is called a conflict of interest. Usually you would expect someone from the other side of the aisle to protest such a thing - but no one on either side seems upset with her.

So why is no one in Congress calling her out on this??

My speculation is that she is being given this allotment of monies so that she and her husband can be rich, but also so that she can dole out the money to those who are needed to allow the Bush Administration to continue as usual.

BTW I hope no one accuses me of attacking Feinstein for her actions. I know we have a "no attack" rule here on DU, i.e. Do not attack Dems. But Feinstein spends more time with George Schultz and others of his ilk than with progressive Dems. She is no more a Democrat that Arnold Schwarzenegger. They both are pro-choice, and like to appear very environmental.

[lark]

38. She's only a step behind Lieberman

in the Repug shuffle.

[pleah]

2. K& 5th R

It is amazing how ignorant some members of congress are. Or maybe they just don't care.

:shrug:

[flor de jasmim]

3. Incredibly and wilfully ignorant. Party uber alles.

[bdamomma]

30. they don't care, and its' going to be every man for himself

these politicians cannot relate to us. I truly believe it is a class war.

[Demeter]

4. Proving That the Dumbing Down of America Starts at the Top

As if one needed further proof than the Fuhrer.

[Voice for Peace]

5. Big K&R - sorry Dean wasn't able to make the hearing.

Great article! Thanks for posting!

[L. Coyote]

6. K & R

[ray of light]

7. k and r

[libnnc]

8. kick

:kick:

[Overseas]

9. K&R. So sad and true that too little is remembered about Watergate.

If people were more aware of it, they'd know how much worse this administration is and millions would be pushing for impeachment.

[AntiFascist]

10. K&R n/t

[Tennessee Gal]

11. John Dean is my hero!

Congress Is Well-Aware Of Bush’s Imperial Presidency and Its Abuses of Power

http://writ.news.findlaw.com/dean/20080725.html

[Kurovski]

12. K&R

Good to see kpete bringing us the best.

Many thanks be to her.

[malaise]

13. I love John Dean

He deserves a national honor.

[bdamomma]

31. whenever he is on Keith, I stop what I'm doing to listen to him.

smart man.

[Kat45]

15. K & R

This really points out the sad state of affairs in Congress today.

[defendandprotect]

16. After a fast read . . .

just want to comment that I think Repugs felt the evidence was so strong that it was

impossible for them to support him any further ---

it was just so obvious ---


Also remember that Dean -- as pleasant and helpful as he seems to be --- betrayed them

and amanaged to stay alive. Whether he has further evidence he has managed to keep

hidden, I often wonder about. However, Dean was just like them --- it was only

Watergate that separated them.

[Samantha]

17. I thought the Bush*/Cheney abuses of power while occupying

the White House were inevitable from the moment they stole the 2000 election. Nothing that has happened has truly surprised me (well, perhaps 9/11 somewhat). But even when we were attacked in September of 2001, stranded at my office downtown in DC, as I watched the Pentagon burn, I immediately blamed them both for that attack.

The best thing about Dean is that he has taken the time and trouble to document everything for the historical record. As we all now know, Bush* and Cheney have their own personal historians. It remains unclear to me without Dean, Turley and a few others, if the historical record would have a true picture of the outrages committed by these usurpers of power. Thank God for them.

Thanks for posting this wonderful piece.

Sam

[progressoid]

18. It's sad that one can pine for the days of Watergate.

[Kaleko]

20. Admirable fot John Dean to speak out. Still, he's not nearly going far enough

in his indictments. But sounding restrained and "moderate" might be the gentlemanly way to get more sleepwalkers to wake up to the last bricks put in place for a fully functional totalitarian regime.

[bjobotts]

21. We already know they are guilty,,we have it on video. Hearing amount to politeness

[JDPriestly]

22. Dean would have silenced Dan Lungren for one.

Dean would have been able to respond to the questions about whether the evidence now available is enough to warrant impeachment and whether the president's and vice president's representations about Iraq prior to the war were merely misstatements or outright lies. Dean could have explained that. It is so unfortunate that he did not go to the hearing and speak. His voice was the most important of all the voices that could have been heard.

[Bobcat]

23. Sen. Graham

To describe a U.S. Senator (Graham) as less informed (about a watershed event in U.S. political history)than today's average high school student is a shocking indictment of the political institution known as the United States Senate. Talk about the "dumbing down" of America.....

[MiniMe]

24. I think there are 2 things behind the dems lack of movement on this

First, I would guess that the key figures have been wiretapped and are being blackmailed, and threatened ala Leahy.

Second, I think they are a little worried that they might lose the decision in the current Supreme Court. At least in the 70's, they could be pretty confident about the decision that would come down. I don't trust Kennedy to adhere to the constitution argument in this matter, even though the dems would be correct about it. You know, terra, terra, 9-11 changed everything.

[Ezlivin]

29. Wiretapped and probably blackmailed with "Remember the anthrax attacks?"

I'm sure that the Democrats recall what happened the last time they stood up to the Republicans' pushing of the hastily edited Patriot Act.

[MiniMe]

32. Yup.

[bdamomma]

33. sounds plausable to me that they were wiretapped and threatened

I wouldn't put it past this BCF. These are thugs, leading thug big ole Dick.

[madrchsod]

25. the law of unintended consequences

if obama is elected he will inherit the imperial presidency. i`m sure the right wing will be calling for impeachment as soon as he takes the oath of office.

[disndat]

27. Dean is saying that there is more

than enough evidence to impeach the "Nazi Regime" in spite of the WH's stonewalling. This was clearly evident from last weeks' Congressional hearings by the Conyers Judicial Committee. We can only hope that the with the enlarging specter of a Obama presidency, Congress will be stimulated to stiffen its spine.

[truedelphi]

37. Why would the notion of an Obama Presidency cause

Congress to stiffen their spine? Their wallets are already stiff - and that is all that matters today.

No, it is not about courage - it is about money. Why do you think that Di Feinstein's husband has been allowed to collect massive sums of money, in the form of contracts dealing with events in Iraq. We are talking about hundreds of millions of dollars - brought to him courtesy of his wife's illegal voting pattern. (What occurs with Feinstein voting for items like the IWR and her husband then running off and getting Iraqi contracts used to be called conflict of interest. And in fact it still is conflict of interest. But no one on either side of the aisle is protesting. Isn't that weird??)

This is occurring so that Feinstein can buy out those who need to be bought out. Pelosi is one of those that I suspect is in on the take.

I mean, you have Bruce Fein, A Republican, and respected Constitutional scholar, talking about how necessary impeachment is against the Barbaric Bush Administration. Yet Pelosi keeps shoving it off the table. What is going on here?

[disndat]

39. Don't know about Pelosi,

But Dianne Feinstein is shamefaced war profiteer. Pelosi is weak to say the least, maybe 'on the take' also. According to some of the testimony last week at the Conyers hearing, most of BushCo crimes are indictable and without the statutes of limitation. The fear is that if Bush and his allies in Congress will run down the clock and once they are out of office, they are more likely to get a free pass, even with a Obama presidency. Some Democrats, maybe legitimately, think an impeachment would take away attention from the Democrats' road to victory. The question remains, if the Democrats finally do win, will we be so happy we will lose the will even to indict? I hope when that happy day arrives, Obama will not cave in as he did with the telco immunity tied to the awful FISA Bill which gave Bush everything he wanted. You have to wonder, what's going on?

[truedelphi]

40. The definition, & qualitites, of a banana republic seems to apply to this country

Vast and disproportionate distribution of wealth. Opportunities for some, but not for most.

The military and the industries that it support take most of the national treasury.

I see no reason whatsoever not to suspect that the reason the Dems roll over so easily is that they are on the take.

[bdamomma]

kick

[bdamomma]

34. kick

[happygoluckytoyou]

35. V SAID IT BEST....

V: Good evening, London. Allow me first to apologize for this interruption. I do, like many of you, appreciate the comforts of every day routine- the security of the familiar, the tranquility of repetition. I enjoy them as much as any bloke. But in the spirit of commemoration, thereby those important events of the past usually associated with someone's death or the end of some awful bloody struggle, a celebration of a nice holiday, I thought we could mark this November the 5th, a day that is sadly no longer remembered, by taking some time out of our daily lives to sit down and have a little chat.

There are of course those who do not want us to speak. I suspect even now, orders are being shouted into telephones, and men with guns will soon be on their way. Why? Because while the truncheon may be used in lieu of conversation, words will always retain their power. Words offer the means to meaning, and for those who will listen, the enunciation of truth. And the truth is, there is something terribly wrong with this country, isn't there? Cruelty and injustice, intolerance and oppression. And where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who's to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror.

I know why you did it. I know you were afraid. Who wouldn't be? War, terror, disease. There were a myriad of problems which conspired to corrupt your reason and rob you of your common sense. Fear got the best of you, and in your panic you turned to the now high chancellor, Adam Sutler. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent. Last night I sought to end that silence. Last night I destroyed the Old Bailey, to remind this country of what it has forgotten. More than four hundred years ago a great citizen wished to embed the fifth of November forever in our memory. His hope was to remind the world that fairness, justice, and freedom are more than words, they are perspectives. So if you've seen nothing, if the crimes of this government remain unknown to you then I would suggest you allow the fifth of November to pass unmarked. But if you see what I see, if you feel as I feel, and if you would seek as I seek, then I ask you to stand beside me one year from tonight, outside the gates of Parliament, and together we shall give them a fifth of November that shall never, ever be forgot.