Tuesday, October 16, 2007
Brian Tamanaha
Frontline's expose on the Bush Administration's contempt for the rule of law,
Cheney's Law, which aired this evening (with a contribution from Balkinization's extraordinary lawyer, Marty Lederman), is sobering and alarming.
We can set aside the left-right politics that usually stifles reasonable discussion of such matters. As the program shows, the Bush Administration's primary opponents were
conservatives who occupied key positions in the Administration (A.G. Ashcroft, Acting A.G. Comey, O.L.C. head Goldsmith, FBI Director Mueller--not a weak liberal amongst them). This was not a political dispute, but a dispute over respect for the rule of law. On one side of the dispute were the Bush inner circle and its legal enablers, who saw law as no more than an irritating hindrance, to be avoided or manipulated as necessary; on the other side of the dispute were those in the Justice Department who took seriously a commitment to the rule of law, although they largely agreed with the goals of the Bush Administration.
The Bush Administration caved only when forced to by the threat of mass resignations, and following legislation by Congress, and even then it immediately turned around and spit at the law, using underhanded signing statements and classified O.L.C. memos to achieve its desires.
In its brazen conduct, the Bush Administration takes contempt for the rule of law to a new, disgraceful level.
Worst president ever, with a record low approval rating of
24%.