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Two Recent Speeches, by Al Gore
George W. Bush promised us a foreign policy with humility. Instead, he has brought us humiliation in the eyes of the world. He promised to "restore honor and integrity to the White House." Instead, he has brought deep dishonor to our country and built a durable reputation as the most dishonest President since Richard Nixon. Honor? He decided not to honor the Geneva Convention. Just as he would not honor the United Nations, international treaties, the opinions of our allies, the role of Congress and the courts, or what Jefferson described as "a decent respect for the opinion of mankind." He did not honor the advice, experience and judgment of our military leaders in designing his invasion of Iraq. And now he will not honor our fallen dead by attending any funerals or even by permitting photos of their flag-draped coffins. How did we get from September 12th , 2001, when a leading French newspaper ran a giant headline with the words "We Are All Americans Now" and when we had the good will and empathy of all the world -- to the horror that we all felt in witnessing the pictures of torture in Abu Ghraib. To begin with, from its earliest days in power, this administration sought to radically destroy the foreign policy consensus that had guided America since the end of World War II. The long successful strategy of containment was abandoned in favor of the new strategy of "preemption." And what they meant by preemption was not the inherent right of any nation to act preemptively against an imminent threat to its national security, but rather an exotic new approach that asserted a unique and unilateral U.S. right to ignore international law wherever it wished to do so and take military action against any nation, even in circumstances where there was no imminent threat. All that is required, in the view of Bush's team is the mere assertion of a possible, future threat - and the assertion need be made by only one person, the President. More disturbing still was their frequent use of the word "dominance" to describe their strategic goal, because an American policy of dominance is as repugnant to the rest of the world as the ugly dominance of the helpless, naked Iraqi prisoners has been to the American people. Dominance is as dominance does. Dominance is not really a strategic policy or political philosophy at all. It is a seductive illusion that tempts the powerful to satiate their hunger for more power still by striking a Faustian bargain. And as always happens - sooner or later - to those who shake hands with the devil, they find out too late that what they have given up in the bargain is their soul. One of the clearest indications of the impending loss of intimacy with one's soul is the failure to recognize the existence of a soul in those over whom power is exercised, especially if the helpless come to be treated as animals, and degraded. We also know - and not just from De Sade and Freud - the psychological proximity between sexual depravity and other people's pain. It has been especially shocking and awful to see these paired evils perpetrated so crudely and cruelly in the name of America. Those pictures of torture and sexual abuse came to us embedded in a wave of news about escalating casualties and growing chaos enveloping our entire policy in Iraq. But in order understand the failure of our overall policy, it is important to focus specifically on what happened in the Abu Ghraib prison, and ask whether or not those actions were representative of who we are as Americans? Obviously the quick answer is no, but unfortunately it's more complicated than that. There is good and evil in every person. And what makes the United States special in the history of nations is our commitment to the rule of law and our carefully constructed system of checks and balances. Our natural distrust of concentrated power and our devotion to openness and democracy are what have lead us as a people to consistently choose good over evil in our collective aspirations more than the people any other nation. Our founders were insightful students of human nature. They feared the abuse of power because they understood that every human being has not only "better angels" in his nature, but also an innate vulnerability to temptation - especially the temptation to abuse power over others. Our founders understood full well that a system of checks and balances is needed in our constitution because every human being lives with an internal system of checks and balances that cannot be relied upon to produce virtue if they are allowed to attain an unhealthy degree of power over their fellow citizens. Listen then to the balance of internal impulses described by specialist Charles Graner when confronted by one of his colleagues, Specialist Joseph M. Darby, who later became a courageous whistleblower. When Darby asked him to explain his actions documented in the photos, Graner replied: "The Christian in me says it's wrong, but the Corrections Officer says, 'I love to make a groan man piss on himself." What happened at the prison, it is now clear, was not the result of random acts by "a few bad apples," it was the natural consequence of the Bush Administration policy that has dismantled those wise constraints and has made war on America's checks and balances. The abuse of the prisoners at Abu Ghraib flowed directly from the abuse of the truth that characterized the Administration's march to war and the abuse of the trust that had been placed in President Bush by the American people in the aftermath of September 11th. There was then, there is now and there would have been regardless of what Bush did, a threat of terrorism that we would have to deal with. But instead of making it better, he has made it infinitely worse. We are less safe because of his policies. He has created more anger and righteous indignation against us as Americans than any leader of our country in the 228 years of our existence as a nation -- because of his attitude of contempt for any person, institution or nation who disagrees with him. He has exposed Americans abroad and Americans in every U.S. town and city to a greater danger of attack by terrorists because of his arrogance, willfulness, and bungling at stirring up hornet's nests that pose no threat whatsoever to us. And by then insulting the religion and culture and tradition of people in other countries. And by pursuing policies that have resulted in the deaths of thousands of innocent men, women and children, all of it done in our name. President Bush said in his speech Monday night that the war in Iraq is "the central front in the war on terror." It's not the central front in the war on terror, but it has unfortunately become the central recruiting office for terrorists. [Dick Cheney said, "This war may last the rest of our lives.] The unpleasant truth is that President Bush's utter incompetence has made the world a far more dangerous place and dramatically increased the threat of terrorism against the United States. Just yesterday, the International Institute of Strategic Studies reported that the Iraq conflict " has arguable focused the energies and resources of Al Qaeda and its followers while diluting those of the global counterterrorism coalition." The ISS said that in the wake of the war in Iraq Al Qaeda now has more than 18,000 potential terrorists scattered around the world and the war in Iraq is swelling its ranks. The war plan was incompetent in its rejection of the advice from military professionals and the analysis of the intelligence was incompetent in its conclusion that our soldiers would be welcomed with garlands of flowers and cheering crowds. Thus we would not need to respect the so-called Powell doctrine of overwhelming force. There was also in Rumsfeld's planning a failure to provide security for nuclear materials, and to prevent widespread lawlessness and looting. Luckily, there was a high level of competence on the part of our soldiers even though they were denied the tools and the numbers they needed for their mission. What a disgrace that their families have to hold bake sales to buy discarded Kevlar vests to stuff into the floorboards of the Humvees! Bake sales for body armor. And the worst still lies ahead. General Joseph Hoar, the former head of the Marine Corps, said "I believe we are absolutely on the brink of failure. We are looking into the abyss." When a senior, respected military leader like Joe Hoar uses the word "abyss", then the rest of us damn well better listen. Here is what he means: more American soldiers dying, Iraq slipping into worse chaos and violence, no end in sight, with our influence and moral authority seriously damaged. Retired Marine Corps General Anthony Zinni, who headed Central Command before becoming President Bush's personal emissary to the Middle East, said recently that our nation's current course is "headed over Niagara Falls." The Commander of the 82nd Airborne Division, Army Major General Charles H. Swannack, Jr., asked by the Washington Post whether he believes the United States is losing the war in Iraq, replied, "I think strategically, we are." Army Colonel Paul Hughes, who directed strategic planning for the US occupation authority in Baghdad, compared what he sees in Iraq to the Vietnam War, in which he lost his brother: "I promised myself when I came on active duty that I would do everything in my power to prevent that ... from happening again. " Noting that Vietnam featured a pattern of winning battles while losing the war, Hughes added "unless we ensure that we have coherence in our policy, we will lose strategically." The White House spokesman, Dan Bartlett was asked on live television about these scathing condemnations by Generals involved in the highest levels of Pentagon planning and he replied, "Well they're retired, and we take our advice from active duty officers." But amazingly, even active duty military officers are speaking out against President Bush. For example, the Washington Post quoted an unnamed senior General at the Pentagon as saying, " the current OSD (Office of the Secretary of Defense) refused to listen or adhere to military advice." Rarely if ever in American history have uniformed commanders felt compelled to challenge their commander in chief in public. The Post also quoted an unnamed general as saying, "Like a lot of senior Army guys I'm quite angry" with Rumsfeld and the rest of the Bush Administration. He listed two reasons. "I think they are going to break the Army," he said, adding that what really incites him is "I don't think they care." In his upcoming book, Zinni blames the current catastrophe on the Bush team's incompetence early on. "In the lead-up to the Iraq war, and its later conduct," he writes, "I saw at a minimum, true dereliction, negligence and irresponsibility, at worst, lying, incompetence and corruption." Zinni's book will join a growing library of volumes by former advisors to Bush -- including his principal advisor on terrorism, Richard Clarke; his principal economic policy advisor, former Treasury Secretary Paul O'Neill, former Ambassador Joe Wilson, who was honored by Bush's father for his service in Iraq, and his former Domestic Adviser on faith-based organizations, John Dilulio, who said, "There is no precedent in any modern White House for what is going on in this one: a complete lack of a policy apparatus. What you've got is everything, and I mean everything, run by the political arm. It's the reign of the Mayberry Machiavellis." Army Chief of Staff General Eric Shinseki told Congress in February that the occupation could require "several hundred thousand troops." But because Rumsfeld and Bush did not want to hear disagreement with their view that Iraq could be invaded at a much lower cost, Shinseki was hushed and then forced out. And as a direct result of this incompetent plan and inadequate troop strength, young soldiers were put in an untenable position. For example, young reservists assigned to the Iraqi prisons were called up without training or adequate supervision, and were instructed by their superiors to "break down" prisoners in order to prepare them for interrogation. To make matters worse, they were placed in a confusing situation where the chain of command was criss-crossed between intelligence gathering and prison administration, and further confused by an unprecedented mixing of military and civilian contractor authority. The soldiers who are accused of committing these atrocities are, of course, responsible for their own actions and if found guilty, must be severely and appropriately punished. But they are not the ones primarily responsible for the disgrace that has been brought upon the United States of America. Private Lynndie England did not make the decision that the United States would not observe the Geneva Convention. Specialist Charles Graner was not the one who approved a policy of establishing an American Gulag of dark rooms with naked prisoners to be "stressed" and even - we must use the word - tortured - to force them to say things that legal procedures might not induce them to say. These policies were designed and insisted upon by the Bush White House. Indeed, the President's own legal counsel advised him specifically on the subject. His secretary of defense and his assistants pushed these cruel departures from historic American standards over the objections of the uniformed military, just as the Judge Advocates General within the Defense Department were so upset and opposed that they took the unprecedented step of seeking help from a private lawyer in this city who specializes in human rights and said to him, "There is a calculated effort to create an atmosphere of legal ambiguity" where the mistreatment of prisoners is concerned." Indeed, the secrecy of the program indicates an understanding that the regular military culture and mores would not support these activities and neither would the American public or the world community. Another implicit acknowledgement of violations of accepted standards of behavior is the process of farming out prisoners to countries less averse to torture and giving assignments to private contractors President Bush set the tone for our attitude for suspects in his State of the Union address. He noted that more than 3,000 "suspected terrorists" had been arrested in many countries and then he added, "and many others have met a different fate. Let's put it this way: they are no longer a problem to the United States and our allies." George Bush promised to change the tone in Washington. And indeed he did. As many as 37 prisoners may have been murdered while in captivity, though the numbers are difficult to rely upon because in many cases involving violent death, there were no autopsies. How dare they blame their misdeeds on enlisted personnel from a Reserve unit in upstate New York. President Bush owes more than one apology. On the list of those he let down are the young soldiers who are themselves apparently culpable, but who were clearly put into a moral cesspool. The perpetrators as well as the victims were both placed in their relationship to one another by the policies of George W. Bush. How dare the incompetent and willful members of this Bush/Cheney Administration humiliate our nation and our people in the eyes of the world and in the conscience of our own people. How dare they subject us to such dishonor and disgrace. How dare they drag the good name of the United States of America through the mud of Saddam Hussein's torture prison. David Kay concluded his search for weapons of mass destruction in Iraq with the famous verdict: "we were all wrong." And for many Americans, Kay's statement seemed to symbolize the awful collision between Reality and all of the false and fading impressions President Bush had fostered in building support for his policy of going to war. Now the White House has informed the American people that they were also "all wrong" about their decision to place their faith in Ahmed Chalabi, even though they have paid him 340,000 dollars per month. 33 million dollars (CHECK) and placed him adjacent to Laura Bush at the State of the Union address. Chalabi had been convicted of fraud and embezzling 70 million dollars in public funds from a Jordanian bank, and escaped prison by fleeing the country. But in spite of that record, he had become one of key advisors to the Bush Administration on planning and promoting the War against Iraq. And they repeatedly cited him as an authority, perhaps even a future president of Iraq. Incredibly, they even ferried him and his private army into Baghdad in advance of anyone else, and allowed him to seize control over Saddam's secret papers. Now they are telling the American people that he is a spy for Iran who has been duping the President of the United States for all these years. One of the Generals in charge of this war policy went on a speaking tour in his spare time to declare before evangelical groups that the US is in a holy war as "Christian Nation battling Satan." This same General Boykin was the person who ordered the officer who was in charge of the detainees in Guantanamo Bay to extend his methods to Iraq detainees, prisoners. ... The testimony from the prisoners is that they were forced to curse their religion Bush used the word "crusade" early on in the war against Iraq, and then commentators pointed out that it was singularly inappropriate because of the history and sensitivity of the Muslim world and then a few weeks later he used it again. "We are now being viewed as the modern Crusaders, as the modern colonial power in this part of the world," Zinni said. What a terrible irony that our country, which was founded by refugees seeking religious freedom - coming to America to escape domineering leaders who tried to get them to renounce their religion - would now be responsible for this kind of abuse.. Ameen Saeed al-Sheikh told the Washington Post that he was tortured and ordered to denounce Islam and after his leg was broken one of his torturers started hitting it while ordering him to curse Islam and then, " they ordered me to thank Jesus that I'm alive." Others reported that they were forced to eat pork and drink alcohol. In my religious tradition, I have been taught that "ye shall know them by their fruits. Do men gather grapes of thorns, or figs of thistles? Even so, every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit... Wherefore by their fruits ye shall know them." The President convinced a majority of the country that Saddam Hussein was responsible for attacking us on September 11th. But in truth he had nothing whatsoever to do with it. The President convinced the country with a mixture of forged documents and blatantly false assertions that Saddam was in league with Al Qaeda, and that he was "indistinguishable" from Osama bin Laden. He asked the nation , in his State of the Union address, to "imagine" how terrified we should be that Saddam was about to give nuclear weapons to terrorists and stated repeatedly that Iraq posed a grave and gathering threat to our nation. He planted the seeds of war, and harvested a whirlwind. And now, the "corrupt tree" of a war waged on false premises has brought us the "evil fruit" of Americans torturing and humiliating prisoners. In my opinion, John Kerry is dealing with this unfolding tragedy in an impressive and extremely responsible way. Our nation's best interest lies in having a new president who can turn a new page, sweep clean with a new broom, and take office on January 20th of next year with the ability to make a fresh assessment of exactly what our nation's strategic position is as of the time the reigns of power are finally wrested from the group of incompetents that created this catastrophe. Kerry should not tie his own hands by offering overly specific, detailed proposals concerning a situation that is rapidly changing and unfortunately, rapidly deteriorating, but should rather preserve his, and our country's, options, to retrieve our national honor as soon as this long national nightmare is over. Eisenhower did not propose a five-point plan for changing America's approach to the Korean War when he was running for president in 1952. When a business enterprise finds itself in deep trouble that is linked to the failed policies of the current CEO the board of directors and stockholders usually say to the failed CEO, "Thank you very much, but we're going to replace you now with a new CEO -- one less vested in a stubborn insistence on staying the course, even if that course is, in the words of General Zinni, "Headed over Niagara Falls." One of the strengths of democracy is the ability of the people to regularly demand changes in leadership and to fire a failing leader and hire a new one with the promise of hopeful change. That is the real solution to America's quagmire in Iraq. But, I am keenly aware that we have seven months and twenty five days remaining in this president's current term of office and that represents a time of dangerous vulnerability for our country because of the demonstrated incompetence and recklessness of the current administration. It is therefore essential that even as we focus on the fateful choice, the voters must make this November that we simultaneously search for ways to sharply reduce the extraordinary danger that we face with the current leadership team in place. It is for that reason that I am calling today for Republicans as well as Democrats to join me in asking for the immediate resignations of those immediately below George Bush and Dick Cheney who are most responsible for creating the catastrophe that we are facing in Iraq. We desperately need a national security team with at least minimal competence because the current team is making things worse with each passing day. They are endangering the lives of our soldiers, and sharply increasing the danger faced by American citizens everywhere in the world, including here at home. They are enraging hundreds of millions of people and embittering an entire generation of anti-Americans whose rage is already near the boiling point. We simply cannot afford to further increase the risk to our country with more blunders by this team. Donald Rumsfeld, as the chief architect of the war plan, should resign today. His deputies Paul Wolfowitz, Douglas Feith and his intelligence chief Stephen Cambone should also resign. The nation is especially at risk every single day that Rumsfeld remains as Secretary of Defense. Condoleeza Rice, who has badly mishandled the coordination of national security policy, should also resign immediately. George Tenet should also resign. I want to offer a special word about George Tenet, because he is a personal friend and I know him to be a good and decent man. It is especially painful to call for his resignation, but I have regretfully concluded that it is extremely important that our country have new leadership at the CIA immediately. As a nation, our greatest export has always been hope: hope that through the rule of law people can be free to pursue their dreams, that democracy can supplant repression and that justice, not power, will be the guiding force in society. Our moral authority in the world derived from the hope anchored in the rule of law. With this blatant failure of the rule of law from the very agents of our government, we face a great challenge in restoring our moral authority in the world and demonstrating our commitment to bringing a better life to our global neighbors. During Ronald Reagan's Presidency, Secretary of Labor Ray Donovan was accused of corruption, but eventually, after a lot of publicity, the indictment was thrown out by the Judge. Donovan asked the question, "Where do I go to get my reputation back?" President Bush has now placed the United States of America in the same situation. Where do we go to get our good name back? The answer is, we go where we always go when a dramatic change is needed. We go to the ballot box, and we make it clear to the rest of the world that what's been happening in America for the last four years, and what America has been doing in Iraq for the last two years, really is not who we are. We, as a people, at least the overwhelming majority of us, do not endorse the decision to dishonor the Geneva Convention and the Bill of Rights.... Make no mistake, the damage done at Abu Ghraib is not only to America's reputation and America's strategic interests, but also to America's spirit. It is also crucial for our nation to recognize - and to recognize quickly - that the damage our nation has suffered in the world is far, far more serious than President Bush's belated and tepid response would lead people to believe. Remember how shocked each of us, individually, was when we first saw those hideous images. The natural tendency was to first recoil from the images, and then to assume that they represented a strange and rare aberration that resulted from a few twisted minds or, as the Pentagon assured us, "a few bad apples." But as today's shocking news reaffirms yet again, this was not rare. It was not an aberration. Today's New York Times reports that an Army survey of prisoner deaths and mistreatment in Iraq and Afghanisatan "show a widespread pattern of abuse involving more military units than previously known.' Nor did these abuses spring from a few twisted minds at the lowest ranks of our military enlisted personnel. No, it came from twisted values and atrocious policies at the highest levels of our government. This was done in our name, by our leaders. These horrors were the predictable consequence of policy choices that flowed directly from this administration's contempt for the rule of law. And the dominance they have been seeking is truly not simply unworthy of America - it is also an illusory goal in its own right. Our world is unconquerable because the human spirit is unconquerable, and any national strategy based on pursuing the goal of domination is doomed to fail because it generates its own opposition, and in the process, creates enemies for the would-be dominator. A policy based on domination of the rest of the world not only creates enemies for the United States and creates recruits for Al Qaeda, it also undermines the international cooperation that is essential to defeating the efforts of terrorists who wish harm and intimidate Americans. Unilateralism, as we have painfully seen in Iraq, is its own reward. Going it alone may satisfy a political instinct but it is dangerous to our military, even without their Commander in Chief taunting terrorists to "bring it on." Our troops are stretched thin and exhausted not only because Secretary Rumsfeld contemptuously dismissed the advice of military leaders on the size of the needed force - but also because President Bush's contempt for traditional allies and international opinion left us without a real coalition to share the military and financial burden of the war and the occupation. Our future is dependent upon increasing cooperation and interdependence in a world tied ever more closely together by technologies of communications and travel. The emergence of a truly global civilization has been accompanied by the recognition of truly global challenges that require global responses that, as often as not, can only be led by the United States - and only if the United States restores and maintains its moral authority to lead. Make no mistake, it is precisely our moral authority that is our greatest source of strength, and it is precisely our moral authority that has been recklessly put at risk by the cheap calculations and mean compromises of conscience wagered with history by this willful president. Listen to the way Israel's highest court dealt with a similar question when, in 1999, it was asked to balance due process rights against dire threats to the security of its people: "This is the destiny of democracy, as not all means are acceptable to it, and not all practices employed by its enemies are open before it. Although a democracy must often fight with one hand tied behind its back, it nonetheless has the upper hand. Preserving the Rule of Law and recognition of an individual's liberty constitutes an important component in its understanding of security. At the end of the day they (add to) its strength." The last and best description of America's meaning in the world is still the definitive formulation of Lincoln's annual message to Congress on December 1, 1862: "The occasion is piled high with difficulty, and we must rise - with the occasion. As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country. Fellow citizens, we cannot escape history...the fiery trial through which we pass will light us down in honor or dishonor to the latest generation...We shall nobly save, or meanly lose the last best hope of earth...The way is plain, peaceful, generous, just - a way which, if followed, the world will forever applaud, and God must forever bless." It is now clear that their obscene abuses of the truth and their unforgivable abuse of the trust placed in them after 9/11 by the American people led directly to the abuses of the prisoners in Abu Ghraib prison and, we are now learning, in many other similar facilities constructed as part of Bush's Gulag, in which, according to the Red Cross, 70 to 90 percent of the victims are totally innocent of any wrongdoing. The same dark spirit of domination has led them to - for the first time in American history - imprison American citizens with no charges, no right to see a lawyer, no right to notify their family, no right to know of what they are accused, and no right to gain access to any court to present an appeal of any sort. The Bush Admistration has even acquired the power to compel librarians to tell them what any American is reading, and to compel them to keep silent about the request - or else the librarians themselves can also be imprisoned. They have launched an unprecedented assault on civil liberties, on the right of the courts to review their actions, on the right of the Congress to have information to how they are spending the public's money and the right of the news media to have information about the policies they are pursuing. The same pattern characterizes virtually all of their policies. They resent any constraint as an insult to their will to dominate and exercise power. Their appetite for power is astonishing. It has led them to introduce a new level of viciousness in partisan politics. It is that viciousness that led them to attack as unpatriotic, Senator Max Cleland, who lost three limbs in combat during the Vietnam War. The president episodically poses as a healer and "uniter". If he president really has any desire to play that role, then I call upon him to condemn Rush Limbaugh - perhaps his strongest political supporter - who said that the torture in Abu Ghraib was a "brilliant maneuver" and that the photos were "good old American pornography," and that the actions portrayed were simply those of "people having a good time and needing to blow off steam." This new political viciousness by the President and his supporters is found not only on the campaign trail, but in the daily operations of our democracy. They have insisted that the leaders of their party in the Congress deny Democrats any meaningful role whatsoever in shaping legislation, debating the choices before us as a people, or even to attend the all-important conference committees that reconcile the differences between actions by the Senate and House of Representatives. The same meanness of spirit shows up in domestic policies as well. Under the Patriot Act, Muslims, innocent of any crime, were picked up, often physically abused, and held incommunicado indefinitely. What happened in Abu Ghraib was difference not of kind, but of degree. Differences of degree are important when the subject is torture. The apologists for what has happened do have points that should be heard and clearly understood. It is a fact that every culture and every politics sometimes expresses itself in cruelty. It is also undeniably true that other countries have and do torture more routinely, and far more brutally, than ours has. George Orwell once characterized life in Stalin's Russia as "a boot stamping on a human face forever." That was the ultimate culture of cruelty, so ingrained, so organic, so systematic that everyone in it lived in terror, even the terrorizers. And that was the nature and degree of state cruelty in Saddam Hussein's Iraq. We all know these things, and we need not reassure ourselves and should not congratulate ourselves that our society is less cruel than some others, although it is worth noting that there are many that are less cruel than ours. And this searing revelation at Abu Ghraib should lead us to examine more thoroughly the routine horrors in our domestic prison system. But what we do now, in reaction to Abu Ghraib will determine a great deal about who we are at the beginning of the 21st century. It is important to note that just as the abuses of the prisoners flowed directly from the policies of the Bush White House, those policies flowed not only from the instincts of the president and his advisors, but found support in shifting attitudes on the part of some in our country in response to the outrage and fear generated by the attack of September 11th. The president exploited and fanned those fears, but some otherwise sensible and levelheaded Americans fed them as well. I remember reading genteel-sounding essays asking publicly whether or not the prohibitions against torture were any longer relevant or desirable. The same grotesque misunderstanding of what is really involved was responsible for the tone in the memo from the president's legal advisor, Alberto Gonzalez, who wrote on January 25, 2002, that 9/11 "renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions." We have seen the pictures. We have learned the news. We cannot unlearn it; it is part of us. The important question now is, what will we do now about torture. Stop it? Yes, of course. But that means demanding all of the facts, not covering them up, as some now charge the administration is now doing. One of the whistleblowers at Abu Ghraib, Sergeant Samuel Provance, told ABC News a few days ago that he was being intimidated and punished for telling the truth. "There is definitely a coverup," Provance said. "I feel like I am being punished for being honest." The abhorrent acts in the prison were a direct consequence of the culture of impunity encouraged, authorized and instituted by Bush and Rumsfeld in their statements that the Geneva Conventions did not apply. The apparent war crimes that took place were the logical, inevitable outcome of policies and statements from the administration. To me, as glaring as the evidence of this in the pictures themselves was the revelation that it was established practice for prisoners to be moved around during ICRC visits so that they would not be available for visits. That, no one can claim, was the act of individuals. That was policy set from above with the direct intention to violate US values it was to be upholding. It was the kind of policy we see - and criticize in places like China and Cuba. Moreover, the administration has also set up the men and women of our own armed forces for payback the next time they are held as prisoners. And for that, this administration should pay a very high price. One of the most tragic consequences of these official crimes is that it will be very hard for any of us as Americans - at least for a very long time - to effectively stand up for human rights elsewhere and criticize other governments, when our policies have resulted in our soldiers behaving so monstrously. This administration has shamed America and deeply damaged the cause of freedom and human rights everywhere, thus undermining the core message of America to the world. President Bush offered a brief and half-hearted apology to the Arab world - but he should apologize to the American people for abandoning the Geneva Conventions. He also owes an apology to the U.S. Army for cavalierly sending them into harm's way while ignoring the best advice of their commanders. Perhaps most importantly of all, he should apologize to all those men and women throughout our world who have held the ideal of the United States of America as a shining goal, to inspire their hopeful efforts to bring about justice under a rule of law in their own lands. Of course, the problem with all these legitimate requests is that a sincere apology requires an admission of error, a willingness to accept responsibility and to hold people accountable. And President Bush is not only unwilling to acknowledge error. He has thus far been unwilling to hold anyone in his administration accountable for the worst strategic and military miscalculations and mistakes in the history of the United States of America. He is willing only to apologize for the alleged erratic behavior of a few low-ranking enlisted people, who he is scapegoating for his policy fiasco. In December of 2000, even though I strongly disagreed with the decision by the U.S. Supreme Court to order a halt to the counting of legally cast ballots, I saw it as my duty to reaffirm my own strong belief that we are a nation of laws and not only accept the decision, but do what I could to prevent efforts to delegitimize George Bush as he took the oath of office as president. I did not at that moment imagine that Bush would, in the presidency that ensued, demonstrate utter contempt for the rule of law and work at every turn to frustrate accountability... So today, I want to speak on behalf of those Americans who feel that President Bush has betrayed our nation's trust, those who are horrified at what has been done in our name, and all those who want the rest of the world to know that we Americans see the abuses that occurred in the prisons of Iraq, Afghanistan, Guantanamo and secret locations as yet undisclosed as completely out of keeping with the character and basic nature of the American people and at odds with the principles on which America stands. I believe we have a duty to hold President Bush accountable - and I believe we will. As Lincoln said at our time of greatest trial, "We - even we here - hold the power, and bear the responsibility." When we Americans first began, our biggest danger was clearly in view: we knew from the bitter experience with King George III that the most serious threat to democracy is usually the accumulation of too much power in the hands of an Executive, whether he be a King or a president. Our ingrained American distrust of concentrated power has very little to do with the character or persona of the individual who wields that power. It is the power itself that must be constrained, checked, dispersed and carefully balanced, in order to ensure the survival of freedom. In addition, our founders taught us that public fear is the most dangerous enemy of democracy because under the right circumstances it can trigger the temptation of those who govern themselves to surrender that power to someone who promises strength and offers safety, security and freedom from fear. It is an extraordinary blessing to live in a nation so carefully designed to protect individual liberty and safeguard self-governance and free communication. But if George Washington could see the current state of his generation's handiwork and assess the quality of our generation's stewardship at the beginning of this twenty-first century, what do you suppose he would think about the proposition that our current president claims the unilateral right to arrest and imprison American citizens indefinitely without giving them the right to see a lawyer or inform their families of their whereabouts, and without the necessity of even charging them with any crime. All that is necessary, according to our new president is that he - the president - label any citizen an "unlawful enemy combatant," and that will be sufficient to justify taking away that citizen's liberty - even for the rest of his life, if the president so chooses. And there is no appeal. What would Thomas Jefferson think of the curious and discredited argument from our Justice Department that the president may authorize what plainly amounts to the torture of prisoners - and that any law or treaty, which attempts to constrain his treatment of prisoners in time of war is itself a violation of the constitution our founders put together. What would Benjamin Franklin think of President Bush's assertion that he has the inherent power - even without a declaration of war by the Congress - to launch an invasion of any nation on Earth, at any time he chooses, for any reason he wishes, even if that nation poses no imminent threat to the United States. How long would it take James Madison to dispose of our current President's recent claim, in Department of Justice legal opinions, that he is no longer subject to the rule of law so long as he is acting in his role as Commander in Chief. I think it is safe to say that our founders would be genuinely concerned about these recent developments in American democracy and that they would feel that we are now facing a clear and present danger that has the potential to threaten the future of the American experiment. Shouldn't we be equally concerned? And shouldn't we ask ourselves how we have come to this point? Even though we are now attuned to orange alerts and the potential for terrorist attacks, our founders would almost certainly caution us that the biggest threat to the future of the America we love is still the endemic challenge that democracies have always faced whenever they have appeared in history - a challenge rooted in the inherent difficulty of self governance and the vulnerability to fear that is part of human nature. Again, specifically, the biggest threat to America is that we Americans will acquiesce in the slow and steady accumulation of too much power in the hands of one person. Having painstakingly created the intricate design of America, our founders knew intimately both its strengths and weaknesses, and during their debates they not only identified the accumulation of power in the hands of the executive as the long-term threat which they considered to be the most serious, but they also worried aloud about one specific scenario in which this threat might become particularly potent - that is, when war transformed America's president into our commander in chief, they worried that his suddenly increased power might somehow spill over its normal constitutional boundaries and upset the delicate checks and balances they deemed so crucial to the maintenance of liberty. That is precisely why they took extra care to parse the war powers in the constitution, assigning the conduct of war and command of the troops to the president, but retaining for the Congress the crucial power of deciding whether or not, and when, our nation might decide to go war. Indeed, this limitation on the power of the executive to make war was seen as crucially important. James Madison wrote in a letter to Thomas Jefferson, "The constitution supposes, what the history of all governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care, vested the question of war in the legislature." In more recent decades, the emergence of new weapons that virtually eliminate the period of time between the decision to go to war and the waging of war have naturally led to a reconsideration of the exact nature of the executive's war-making power. But the practicalities of modern warfare which necessarily increase the war powers of the President at the expense of Congress do not render moot the concerns our founders had so long ago that the making of war by the president - when added to his other powers - carries with it the potential for unbalancing the careful design of our constitution, and in the process, threatening our liberty. They were greatly influenced - far more than we can imagine - by a careful reading of the history and human dramas surrounding the democracies of ancient Greece and the Roman republic. They knew, for example, that democracy disappeared in Rome when Caesar crossed the Rubicon in violation of the Senate's long prohibition against a returning general entering the city while still in command of military forces. Though the Senate lingered in form and was humored for decades, when Caesar impoliticly combined his military commander role with his chief executive role, the Senate - and with it the Republic - withered away. And then for all intents and purposes, the great dream of democracy disappeared from the face of the Earth for seventeen centuries, until its rebirth in our land. Symbolically, President Bush has been attempting to conflate his commander-in-chief role and his head of government role to maximize the power people are eager to give those who promise to defend them against active threats. But as he does so, we are witnessing some serious erosion of the checks and balances that have always maintained a healthy democracy in America. In Justice Jackson's famous concurring opinion in the Youngstown Steel case in the 1950's, the single most important Supreme Court case on the subject of what powers are inherent to the commander in chief in a time of war, he wrote, "The example of such unlimited executive power that must have most impressed the forefathers was the prerogative exercised by George III, and the description of its evils in the declaration of independence leads me to doubt that they created their new Executive in their image...and if we seek instruction from our own times, we can match it only from the Executive governments we disparagingly describe as totalitarian." I am convinced that our founders would counsel us today that the greatest challenge facing our republic is not terrorism but how we react to terrorism, and not war, but how we manage our fears and achieve security without losing our freedom. I am also convinced that they would warn us that democracy itself is in grave danger if we allow any president to use his role as commander in chief to rupture the careful balance between the executive, the legislative and the judicial branches of government. Our current president has gone to war and has come back into "the city" and declared that our nation is now in a permanent state of war, which he says justifies his reinterpretation of the Constitution in ways that increase his personal power at the expense of Congress, the courts, and every individual citizen. We must surrender some of our traditional American freedoms, he tells us, so that he may have sufficient power to protect us against those who would do us harm. Public fear remains at an unusually high level almost three years after we were attacked on September 11th, 2001. In response to those devastating attacks, the president properly assumed his role as commander in chief and directed a military invasion of the land in which our attackers built their training camps, were harbored and planned their assault. But just as the tide of battle was shifting decisively in our favor, the commander in chief made a controversial decision to divert a major portion of our army to invade another country that, according to the best evidence compiled in a new, exhaustive, bi-partisan study, posed no imminent threat to us and had nothing to do with the attack against us. As the main body of our troops were redeployed for the new invasion, those who organized the attacks against us escaped and many of them are still at large. Indeed, their overall numbers seem to have grown considerably because our invasion of the country that did not pose any imminent threat to us was perceived in their part of the world as a gross injustice, and the way in which we have conducted that war further fueled a sense of rage against the United States in those lands and, according to several studies, has stimulated a wave of new recruits for the terrorist group that attacked us and still wishes us harm. A little over a year ago, when we launched the war against this second country, Iraq, President Bush repeatedly gave our people the clear impression that Iraq was an ally and partner to the terrorist group that attacked us, al Qaeda, and not only provided a geographic base for them but was also close to providing them weapons of mass destruction, including nuclear bombs. But now the extensive independent investigation by the bipartisan commission formed to study the 9/11 attacks has just reported that there was no meaningful relationship between Iraq and al Qaeda of any kind. And, of course, over the course of this past year we had previously found out that there were no weapons of mass destruction in Iraq. So now, the President and the Vice President are arguing with this commission, and they are insisting that the commission is wrong and they are right, and that there actually was a working co-operation between Iraq and al Qaeda. The problem for the President is that he doesn't have any credible evidence to support his claim, and yet, in spite of that, he persists in making that claim vigorously. So I would like to pause for a moment to address the curious question of why President Bush continues to make this claim that most people know is wrong. And I think it's particularly important because it is closely connected to the questions of constitutional power with which I began this speech, and will profoundly affect how that power is distributed among our three branches of government. To begin with, our founders wouldn't be the least bit surprised at what the modern public opinion polls all tell us about why it's so important particularly for President Bush to keep the American people from discovering that what he told them about the linkage between Iraq and al Qaeda isn't true. Among these Americans who still believe there is a linkage, there remains very strong support for the President's decision to invade Iraq. But among those who accept the commission's detailed finding that there is no connection, support for the war in Iraq dries up pretty quickly. And that's understandable, because if Iraq had nothing to do with the attack or the organization that attacked us, then that means the President took us to war when he didn't have to. Almost nine hundred of our soldiers have been killed, and almost five thousand have been wounded. Thus, for all these reasons, President Bush and Vice President Cheney have decided to fight to the rhetorical death over whether or not there's a meaningful connection between Iraq and al Qaeda. They think that if they lose that argument and people see the truth, then they'll not only lose support for the controversial decision to go to war, but also lose some of the new power they've picked up from the Congress and the courts, and face harsh political consequences at the hands of the American people. As a result, President Bush is now intentionally misleading the American people by continuing to aggressively and brazenly assert a linkage between al Qaeda and Saddam Hussein. If he is not lying, if they genuinely believe that, that makes them unfit in battle with al Qaeda. If they believe these flimsy scraps, then who would want them in charge? Are they too dishonest or too gullible? Take your pick. But the truth is gradually emerging in spite of the President's determined dissembling. Listen, for example, to this editorial from the Financial Times: "There was nothing intrinsically absurd about the WMD fears, or ignoble about the opposition to Saddam's tyranny - however late Washington developed this. The purported link between Baghdad and al Qaeda, by contrast, was never believed by anyone who knows Iraq and the region. It was and is nonsense." Of course the first rationale presented for the war was to destroy Iraq's weapons of mass destruction, which turned out not to exist. Then the rationale was to liberate Iraqis and the Middle East from tyranny, but our troops were not greeted with the promised flowers and are now viewed as an occupying force by 92% of Iraqis, while only 2% see them as liberators. But right from the start, beginning very soon after the attacks of 9/11, President Bush made a decision to start mentioning Osama bin Laden and Saddam Hussein in the same breath in a cynical mantra designed to fuse them together as one in the public's mind. He repeatedly used this device in a highly disciplined manner to create a false impression in the minds of the American people that Saddam Hussein was responsible for 9/11. Usually he was pretty tricky in his exact wording. Indeed, Bush's consistent and careful artifice is itself evidence that he knew full well that he was telling an artful and important lie -- visibly circumnavigating the truth over and over again as if he had practiced how to avoid encountering the truth. But as I will document in a few moments, he and Vice President Cheney also sometimes departed from their tricky wording and resorted to statements were clearly outright falsehoods. In any case, by the time he was done, public opinion polls showed that fully 70% of the American people had gotten the message he wanted them to get, and had been convinced that Saddam Hussein was responsible for the 9/11 attacks. The myth that Iraq and al Qaeda were working together was no accident - the President and Vice President deliberately ignored warnings before the war from international intelligence services, the CIA, and their own Pentagon that the claim was false. Europe's top terrorism investigator said in 2002, "We have found no evidence of links between Iraq and Al Qaeda. If there were such links, we would have found them. But we have found no serious connections whatsoever." A classified October 2002 CIA report given to the White House directly undercut the Iraq-al Qaeda claim. Top officials in the Pentagon told reporters in 2002 that the rhetoric being used by President Bush and Vice President Cheney was "an exaggeration." And at least some honest voices within the President's own party admitted as such. Senator Chuck Hagel, a decorated war hero who sits on the Foreign Relations Committee, said point blank, "Saddam is not in league with al Qaeda...I have not seen any intelligence that would lead me to connect Saddam Hussein with al Qaeda." But those voices did not stop the deliberate campaign to mislead America. Over the course of a year, the President and Vice President used carefully crafted language to scare Americans into believing there was an imminent threat from an Iraq-armed al Qaeda. In the fall of 2002, the President told the country "You can't distinguish between al-Qaeda and Saddam" and that the "true threat facing our country is an al Qaeda-type network trained and armed by Saddam." At the same time, Vice President Cheney was repeating his claim that "there is overwhelming evidence there was a connection between al Qaeda and the Iraqi government." By the Spring, Secretary of State Powell was in front of the United Nations claiming a "sinister nexus between Iraq and the al-Qaeda terrorist network." But after the invasion, no ties were found. In June of 2003, the United Nations Security Council's al Qaeda monitoring agency told reporters his extensive investigation had found no evidence linking the Iraqi regime to al Qaeda. By August, three former Bush administration national security and intelligence officials admitted that the evidence used to make the Iraq-al Qaeda claim was "tenuous, exaggerated and often at odds with the conclusion of key intelligence agencies." And earlier this year, Knight-Ridder newspapers reported "Senior U.S. officials now say there never was any evidence" of a connection. So when the bipartisan 9/11 commission issued its report finding "no credible evidence" of an Iraq-al Qaeda connection, it should not have caught the White House off guard. Yet instead of the candor Americans need and deserve from their leaders, there have been more denials and more insistence without evidence. Vice President Cheney insisted even this week that "there clearly was a relationship" and that there is "overwhelming evidence." Even more shocking, Cheney offered this disgraceful question: "Was Iraq involved with al-Qaeda in the attack on 9/11? We don't know." He then claimed that he "probably" had more information than the commission, but has so far refused to provide anything to the commission other than more insults. The President was even more brazen. He dismissed all questions about his statements by saying "The reason I keep insisting that there was a relationship between Iraq and Saddam and al Qaeda, because there was a relationship between Iraq and al Qaeda." He provided no evidence. Friends of the administration tried mightily to rehabilitate their cherished but shattered linkage. John Lehman, one of the Republicans on the commission, offered what sounded like new evidence that a Saddam henchman had attended an Al Qaeda meeting. But within hours, the commissions files yielded definitive evidence that it was another man with a similar name - ironically capturing the near-miss quality of Bush's entire symbolic argument. They have such an overwhelming political interest in sustaining the belief in the minds of the American people that Hussein was in partnership with bin Laden that they dare not admit the truth lest they look like complete fools for launching our country into a reckless, discretionary war against a nation that posed no immediate threat to us whatsoever. But the damage they have done to our country is not limited to misallocation of military economic political resources. Whenever a chief executive spends prodigious amounts of energy convincing people of lies, he damages the fabric of democracy, and the belief in the fundamental integrity of our self-government. That creates a need for control over the flood of bad news, bad policies and bad decisions also explains their striking attempts to control news coverage. To take the most recent example, Vice President Cheney was clearly ready to do battle with the news media when he went on CNBC earlier this week to attack news coverage of the 9/11 Commission's conclusion that Iraq did not work with Al Qaeda. He lashed out at the New York Times for having the nerve to print a headline saying the 9/11 commission "finds no Qaeda-Iraq Tie" - a clear statement of the obvious - and said there is no "fundamental split here now between what the president said and what the commission said." He tried to deny that he had personally been responsible for helping to create the false impression of linkage between Al Qaeda and Iraq. Ironically, his interview ended up being fodder for the Daily Show with Jon Stewart. Stewart played Cheney's outright denial that he had ever said that representatives of Al Qaeda and Iraqi intelligence met in Prague. Then Stewart froze Cheney's image and played the exact video clip in which Cheney had indeed directly claimed linkage between the two, catching him on videotape in a lie. At that point Stewart said, addressing himself to Cheney's frozen image on the television screen, "It's my duty to inform you that your pants are on fire." Dan Rather says that post-9/11 patriotism has stifled journalists from asking government officials "the toughest of the tough questions." Rather went so far as to compare Administration efforts to intimidate the press to "necklacing" in apartheid South Africa, while acknowledging it as "an obscene comparison." "The fear is that you will be necklaced here (in the U.S.), you will have a flaming tire of lack of patriotism put around your neck," Rather explained. It was CBS, remember, that withheld the Abu Ghraib photographs from the American people for two weeks at the request of the Bush Administration. Donald Rumsfeld has said that criticism of the Administration's policy "makes it complicated and more difficult" to fight the war. CNN's Christiane Amanpour said on CNBC last September, "I think the press was muzzled and I think the press self-muzzled. I'm sorry to say but certainly television, and perhaps to a certain extent my station, was intimidated by the Administration." The Administration works closely with a network of "rapid response" digital Brown Shirts who work to pressure reporters and their editors for "undermining support for our troops." Paul Krugman, the New York Times columnist, was one of the first journalists to regularly expose the President's consistent distortions of the facts. Krugman writes, "Let's not overlook the role of intimidation. After 9/11, if you were thinking of saying anything negative of the President...you had to expect right-wing pundits and publications to do all they could to ruin your reputation. Bush and Cheney are spreading purposeful confusion while punishing reporters who stand in the way. It is understandably difficult for reporters and journalistic institutions to resist this pressure, which, in the case of individual journalists, threatens their livelihoods, and in the case of the broadcasters can lead to other forms of economic retribution. But resist they must, because without a press able to report "without fear or favor" our democracy will disappear. Recently, the media has engaged in some healthy self-criticism of the way it allowed the White House to mislead the public into war under false pretenses. We are dependent on the media, especially the broadcast media, to never let this happen again. We must help them resist this pressure for everyone's sake, or we risk other wrong-headed decisions based upon false and misleading impressions. We are left with an unprecedented, high-intensity conflict every single day between the ideological illusions upon which this administration's policies have been based and the reality of the world in which the American people live their lives. When you boil it all down to precisely what went wrong with the Bush Iraq policy, it is actually fairly simple: he adopted an ideologically driven view of Iraq that was tragically at odds with reality. Everything that has gone wrong is in one way or another the result of a spectacular and violent clash between the bundle of misconceptions that he gullibly consumed and the all-too-painful reality that our troops and contractors and diplomats and taxpayers have encountered. Of course, there have been several other collisions between President Bush's ideology and America's reality. To take the most prominent example, the transformation of a $5 trillion surplus into a $4 trillion deficit is in its own way just as spectacular a miscalculation as the Iraq war. But there has been no more bizarre or troubling manifestation of how seriously off track this President's policies have taken America than the two profound shocks to our nation's conscience during the last month. First came the extremely disturbing pictures that document strange forms of physical and sexual abuse - and even torture and murder - by some of our soldiers against people they captured as prisoners in Iraq. And then, the second shock came just last week, with strange and perverted legal memoranda from inside the administration, which actually sought to justify torture and to somehow provide a legal rationale for bizarre and sadistic activities conducted in the name of the American people, which, according to any reasonable person, would be recognized as war crimes. In making their analysis, the administration lawyers concluded that the President, whenever he is acting in his role as commander in chief, is above and immune from the "rule of law." At least we don't have to guess what our founders would have to say about this bizarre and un-American theory. By the middle of this week, the uproar caused by the disclosure of this legal analysis had forced the administration to claim they were throwing the memo out and it was, "irrelevant and overbroad." But no one in the administration has said that the reasoning was wrong. And in fact, a DOJ spokesman says they stand by the tortured definition of torture. In addition the broad analysis regarding the commander-in-chief powers has not been disavowed. And the view of the memo - that it was within commander-in-chief power to order any interrogation techniques necessary to extract information - most certainly contributed to the atmosphere that led to the atrocities committed against the Iraqis at Abu Ghraib. We also know that President Bush rewarded the principle author of this legal monstrosity with a seat on the U.S. Court of Appeals. President Bush, meanwhile, continues to place the blame for the horrific consequences of his morally obtuse policies on the young privates and corporals and sergeants who may well be culpable as individuals for their actions, but who were certainly not responsible for the policies which set up the Bush Gulag and led to America's strategic catastrophe in Iraq. I call on the administration to disclose all its interrogation policies, including those used by the military in Iraq and Afghanistan and those employed by the CIA at its secret detention centers outside the U.S., as well as all the analyses related to the adoption of those policies. The Bush administration's objective of establishing U.S. domination over any potential adversary led to the hubristic, tragic miscalculation of the Iraq war, a painful adventure marked by one disaster after another based on one mistaken assumption after another. But the people who paid the price have been the U.S. soldiers trapped over there and the Iraqis in prison. The top-heavy focus on dominance as a goal for the U.S. role in the world is exactly paralleled in their aspiration for the role of the president to be completely dominant in the constitutional system. Our founders understood even better than Lord Acton the inner meaning of his aphorism that power corrupts and absolutely power corrupts absolutely. The goal of dominance necessitates a focus on power. Ironically, all of their didactic messages about how democracies don't invade other nations fell on their own deaf ears. The pursuit of dominance in foreign and strategic policy led the bush administration to ignore the United nations, do serious damage to our most alliances in the world, violate international law and risk the hatred of the rest of the world. The seductive exercise of unilateral power has led this president to interpret his powers under the constitution in a way that would have been the worst nightmare of our framers. And the kind of unilateral power he imagines is fools gold in any case. Just as its pursuit in Mesopotamia has led to tragic consequences for our soldiers, the Iraqi people, our alliances, everything we think is important, in the same way the pursuit of a new interpretation of the presidency that weakens the Congress, courts and civil society is not good for either the presidency or the rest of the nation. If the congress becomes an enfeebled enabler to the executive, and the courts become known for political calculations in their decisions, then the country suffers. The kinds of unnatural, undemocratic activities in which this administration has engaged, in order to aggrandize power, have included censorship of scientific reports, manipulation of budgetary statistics, silencing dissent, and ignoring intelligence. Although there have been other efforts by other presidents to encroach on the legitimate prerogatives of congress and courts, there has never been this kind of systematic abuse of the truth and institutionalization of dishonesty as a routine part of the policy process. Two hundred and twenty years ago, John Adams wrote, in describing one of America's most basic founding principles, "The executive shall never exercise the legislative and judicial powers, or either of them...to the end it may be a government of laws and not of men." The last time we had a president who had the idea that he was above the law was when Richard Nixon told an interviewer, "When the president does it, that means that it is not illegal... If the president, for example approves something, approves an action because of national security, or, in this case, because of a threat to internal peace and order, of significant order, then the president's decision in this instance is one that enables those who carry it out to carry it out without violating the law." Fortunately for our country, Nixon was forced to resign as President before he could implement his outlandish interpretation of the Constitution, but not before his defiance of the Congress and the courts created a serious constitutional crisis. The two top Justice Department officials under President Nixon, Elliot Richardson and William Ruckelshaus, turned out to be men of great integrity, and even though they were loyal Republicans, they were more loyal to the constitution and resigned on principle rather than implement what they saw as abuses of power by Nixon. Then Congress, also on a bipartisan basis, bravely resisted Nixon's abuse of power and launched impeachment proceedings. In some ways, our current President is actually claiming significantly more extra-constitutional power, vis-à-vis Congress and the courts, than Nixon did. For example, Nixon never claimed that he could imprison American citizens indefinitely without charging them with a crime and without letting the see a lawyer or notify their families. And this time, the attorney general, John Ashcroft, is hardly the kind of man who would resign on principle to impede an abuse of power. In fact, whenever there is an opportunity to abuse power in this administration, Ashcroft seems to be leading the charge. And it is Ashcroft who picked the staff lawyers at Justice responsible for the embarrassing memos justifying and enabling torture. Moreover, in sharp contrast to the courageous 93rd Congress that saved the country from Richard Nixon's sinister abuses, the current Congress has virtually abdicated its constitutional role to serve as an independent and coequal branch of government. Instead, this Republican-led Congress is content, for the most part, to take orders from the President on what they vote for and what they don't vote for. The Republican leaders of the House and Senate have even started blocking Democrats from attending conference committee meetings, where legislation takes its final form, and instead, they let the President's staff come to the meetings and write key parts of the laws for them. (Come to think of it, the decline and lack of independence shown by this Congress would shock our founders more than anything else, because they believed that the power of the Congress was the most important check and balance against the unhealthy exercise of too much power by the Executive branch.) This administration has not been content just to reduce the Congress to subservience. It has also engaged in unprecedented secrecy, denying the American people access to crucial information with which they might hold government officials accountable for their actions, and a systematic effort to manipulate and intimidate the media into presenting a more favorable image of the Administration to the American people. Listen to what U.S. News and World Report has to say about their secrecy: "The Bush administration has quietly but efficiently dropped a shroud of secrecy across many critical operations of the federal government - cloaking its own affairs from scrutiny and removing from the public domain important information on health, safety, and environmental matters." Here are just a few examples, and for each one, you have to ask, what are they hiding, and why are they hiding it? More than 6000 documents have been removed by the Bush Administration from governmental Web sites. To cite only one example, a document on the EPA Web site giving citizens crucial information on how to identify chemical hazards to their families. Some have speculated that the principle threat to the Bush administration is a threat by the chemical hazards if the information remains available to American citizens. To head off complaints from our nation's Governors over how much they receive under federal programs, the Bush Administration simply stopped printing the primary state budget report. To muddy the clear consensus of the scientific community on global warming, the White House directed major changes and deletions to an EPA report that were so egregious that the agency said it was too embarrassed to use the language. They've kept hidden from view Cheney's ultra-secret energy task force. They have fought a pitched battle in the courts for more than three years to continue denying the American people the ability to know which special interests and lobbyists advised with Vice President Cheney on the design of the new laws. And when mass layoffs became too embarrassing they simply stopped publishing the regular layoff report that economists and others have been receiving for decades. For this administration, the truth hurts, when the truth is available to the American people. They find bliss in the ignorance of the people. What are they hiding, and why are they hiding it? In the end, for this administration, it is all about power. This lie about the invented connection between al Qaeda and Iraq was and is the key to justifying the current ongoing Constitutional power grab by the President. So long as their big flamboyant lie remains an established fact in the public's mind, President Bush will be seen as justified in taking for himself the power to make war on his whim. He will be seen as justified in acting to selectively suspend civil liberties - again on his personal discretion - and he will continue to intimidate the press and thereby distort the political reality experienced by the American people during his bid for re-election. War is lawful violence, but even in its midst we acknowledge the need for rules. We know that in our wars there have been descents from these standards, often the result of spontaneous anger arising out of the passion of battle. But we have never before, to my knowledge, had a situation in which the framework for this kind of violence has been created by the President, nor have we had a situation where these things were mandated by directives signed by the Secretary of Defense, as it is alleged, and supported by the National Security Advisor. Always before, we could look to the Chief Executive as the point from which redress would come and law be upheld. That was one of the great prides of our country: humane leadership, faithful to the law. What we have now, however, is the result of decisions taken by a President and an administration for whom the best law is NO law, so long as law threatens to constrain their political will. And where the constraints of law cannot be prevented or eliminated, then they maneuver it to be weakened by evasion, by delay, by hair-splitting, by obstruction, and by failure to enforce on the part of those sworn to uphold the law. In these circumstances, we need investigation of the facts under oath, and in the face of penalties for evasion and perjury. We need investigation by an aroused congress whose bipartisan members know they stand before the judgment of history. We cannot depend up on a debased department of Justice given over to the hands of zealots. "Congressional oversight" and "special prosecution" are words that should hang in the air. If our honor as a nation is to be restored, it is not by allowing the mighty to shield themselves by bringing the law to bear against their pawns: it is by bringing the law to bear against the mighty themselves. Our dignity and honor as a nation never came from our perfection as a society or as a people: it came from the belief that in the end, this was a country which would pursue justice as the compass pursues the pole: that although we might deviate, we would return and find our path. This is what we must now do. |
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