"In
his book, Goldsmith claims that Addington and other top officials
treated the Foreign Intelligence Surveillance Act the same way they
handled other laws they objected to: "They blew through them in
secret based on flimsy legal opinions that they guarded closely so no
one could question the legal basis for the operations," he writes.
[...]"
They
literally decided they would break whatever laws they wanted -- one law
after the next, in critical areas -- based on patently baseless memos
issued by obedient followers like John Yoo. Not only did they do this
in complete secrecy from Congress, they refused even to allow Executive
Branch officials who were told to follow orders to see the legal basis
for what they were told to do. Addington, whom Goldsmith described as
"someone who spoke for and acted with the full backing of the powerful
vice president," would simply demand compliance with what Cheney
wanted. And anyone who objected was subjected to this (emphasis in
original):
"Months later, when Goldsmith tried to question
another presidential decision, Addington expressed his views even more
pointedly. "If you rule that way," Addington exclaimed in disgust,
Goldsmith recalls, "the blood of the hundred thousand people who die in
the next attack will be on your hands." "
While our
national media was glorifying the Great Commander-in-Chief and actively
disseminating their most manipulative claims and mocking Democrats on
the pettiest of grounds (The Serious National Security Grown-ups are in
Charge; John Kerry windsurfs! John Edwards loves his hair!), the Bush
administration was dismantling the rule of law, systematically
violating long-standing statutes and treaties at will. We were ruled by
a truly lawless government, while our media institutions and political
elite sat by meek and respectful.
Perhaps most infuriating is the fact that, as it turns out, violating
these laws in secret was not even necessary -- because Congress was,
and still is, more than happy to legalize whatever they wanted to do.
Almost immediately after the Supreme Court finally imposed some mild
limitations on the President's detention and interrogation powers --
first in Hamdi, then in Hamdan -- Congress, as Goldsmith says, "promptly passed a law that gave him everything he asked for, authorizing many aspects of the military commissions that the Supreme Court had struck down."
And the terrorist bomb about which David Addington was fantasizing in
order to get rid of FISA was equally unnecessary, since the Democratic
Congress, in the face of the types of threats Goldsmith recounts
Addington routinely made -- "the blood of the hundred thousand people
who die in the next attack will be on your
hands" -- just eviscerated the crux of FISA's protections by law.
Hence, what began as the administration's illegal and secret abuses
have become the legally sanctioned policies of the United States.
It is critical to emphasize that Goldsmith -- like James Comey and John
Ashcroft -- is no hero. He is a hard-core right-wing ideologue who
continues to support many of the administration's most radical
positions, including his view that Common Article 3 of the Geneva
Conventions does not apply to terrorist suspects (the position rejected
by Hamdan). And it was Goldsmith who ultimately approved of the modified (and plainly illegal) NSA warrantless eavesdropping program.
Moreover, Goldsmith explains that he had not even intended to
address the NSA surveillance program in his book, but changed his mind
once he was served with subpoenas by the FBI in connection with the ongoing criminal investigation to find out who the whistleblower was who alerted the country to this illegality -- an investigation which Goldsmith supports. As Goldsmith says: "I'm not a civil libertarian, and what I did wasn't driven by concerns about civil liberties per se."
Goldsmith is commendable only by comparison to the truly extremist and
reprehensible likes of Cheney, Addington, Gonzales and Yoo. He is, by
and large, a True Believer in the Bush "War on Terror" and in theories
designed to expand substantially executive power. That is what makes
his revelations all the more credible, and all the more disturbing.
What he is describing is a band of deranged and lawless radicals who,
during his tenure, ran our government and who, after they forced him
out, continue to do so.
But with little meaningful opposition to any of this -- either in the
media or in the Congress -- little attention will be paid to these
extraordinary revelations, and our government will continue to be
shaped in the image of Dick Cheney and David Addington. Now that they
have obtained most of their original wish list from a compliant
Congress, just imagine what they are dreaming of, the still new
unchecked powers which they believe are only "one bomb away."
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