In 2004 he was lauded as Man of the Year:
“Time magazine’s editors chose Bush as Person of the Year “for sharpening the debate until the choices bled, for reframing reality to match his design, for gambling his fortunes – and ours – on his faith in the power of leadership.” Time Magazine, December, 2004
Now Time Magazine asks:
Has Bush Gone Too Far?
By RICHARD LACAYO
January 1, 2006
Has Bush Gone Too Far?
Because they required the President to plainly bypass an act of Congress, the no-warrant wiretaps may be the sharpest expression yet of the Administration’s willingness to expand the scope of Executive power
When the NSA was established, in 1952, there were few legal limits on its power to spy within the U.S.
Then came the intelligence-gathering abuses of the Nixon years, when the NSA as well as the FBI were used by the White House to spy on civil rights and anti-Vietnam War activists. In 1978 Congress passed the Foreign Intelligence Surveillance Act (fisa), which required the NSA to obtain a warrant any time it sought to monitor communications within the U.S.
An explanation for the NSA’s reluctance to seek court approval may be that wiretaps of individual conversations are just one part of what the spy agency can do. It also has the technology to perform data mining, combing by computer through billions of phone calls and Internet messages and looking for patterns that may point to terrorist activity. That requires sifting through a mountain of individual communications to find the one that might lead to something. Under fisa, the NSA would have to obtain a warrant for each suspect phone number. Authorities argue that the fisa process is too slow to cover a situation in which a known terrorist calls a number in the U.S. not already covered by a fisa warrant.
Time, Has Bush Gone Too Far?; Jan. 1, 2006
THE PURSUIT OF WOT UNHINDERED BY CONSTITUTIONAL & MILITARY LAW
The NSA intercepts are just one instance of the Bush Administration’s effort to pursue the war on terrorism unhindered by some long-established legal norms. Most Americans agree that the government has to go after terrorists aggressively and with all appropriate means. Where they part company is on the question of what means are appropriate, at least if the goal is not only to deter another attack but also to protect both the freedom of Americans and the reputation of their country as one that takes ideas like decency and justice seriously. In the White House version of how that struggle must be conducted, it’s acceptable to hold captured suspects indefinitely without trial, hand them over for questioning to nations known to torture prisoners, define American citizens as enemy combatants who can be detained without charges, resist efforts by Congress to put limits on the rough interrogation of detainees and allow the CIA to establish secret prisons abroad. Any and all of those things may be necessary, but this is shaping up as the year when we take a long, hard look.
Time, Has Bush Gone Too Far?; Jan. 1, 2006
CONGRESS DID NOT GRANT THESE POWERS
See:
POWER WE DIDN’T GRANT – Tom Daschle
. I can state categorically that the subject of warrantless wiretaps of American citizens never came up. I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al Qaeda did not believe that they were also voting for warrantless domestic surveillance.
Tom Daschle; Power We Didn’t Grant; December 23, 2005
THE WHITE HOUSE CONTENDS SEPT 14 RESOLUTION COVERS IT ALL
More broadly, the White House says Congress implicitly gave Bush the power to approve the no-warrant wiretaps in a resolution it passed on Sept. 14, 2001. That measure authorized the President to use “all necessary and appropriate force against those nations, organizations, or persons” involved in the 9/11 attacks. Tom Daschle, then the Senate Democratic majority leader, says the Administration knows it did not have that implicit authority because White House officials had sought unsuccessfully to get congressional leaders to include explicit language approving no-warrant wiretaps in the resolution.
Attorney General Gonzales says the Administration decided to go forward with the program anyway because it was convinced that the President possessed the inherent power to act.
Time, Has Bush Gone Too Far?; Jan. 1, 2006
FOR “DOUBTFUL LEGAL STRATEGIES”: READ CRIMINAL
“We have the remarkable spectacle of a wartime President who, by a series of doubtful legal strategies, has squandered his credibility in the federal courts,” says Eugene Fidell, a Washington lawyer who heads the National Institute of Military Justice. “The judges are in as grumpy a mood as I can remember.” There will be more trouble to come.
There will be a lot of constitutional issues under discussion in weeks to come because the war on terrorism has the potential to embed itself deeply into our legal norms. Conventional wars, against nation-states that can be plainly identified and defeated, have a clear aim in sight. The fight against endlessly shape-shifting terrorist groups is more open-ended. So when we talk about trade-offs between freedom and security, it’s a mistake to assume they will be short-term adjustments. The emergency powers that we agree to now may well become the American way for years. We may still agree to them, but it’s essential to know exactly what costs they come with.”
Time, Has Bush Gone Too Far?; Jan.1, 2006.
ILLEGAL PROGRAM: IMPEACHABLE OFFENSE
US Rep. JOHN LEWIS
“In my opinion, the President has violated the law, and the House and Senate must pursue their inquiries into this illegal program….”
“George W. Bush is the president. He is not a king. He is not above the law,” states U. S. Rep. John Lewis (D-Ga.) in a release last week. “I look forward to further inquiry in the House and Senate on these matters. The American people deserve the truth. We must gather the facts and determine once and for all whether the law was violated. There is no question that the U. S. Congress has impeached presidents for lesser offenses.”
Lewis continues, “This executive order takes us back to the dark past when our government spied on civil rights leaders and Vietnam War protestors. Without obtaining the judicial authorization required to wiretap American citizens, the American people have no protection against the misuse of this program for illegal or vindictive means.”
Lewis on Impeachable Offense
JOHN DEAN
“Bush is the first President to admit to an impeachable offense.”.
(John Dean in answer to Barbara Boxer on the subject of impeachment)
George W. Bush as the New Richard M. Nixon: Both Wiretapped Illegally, and Impeachably;
Both Claimed That a President May Violate Congress’ Laws to Protect National Security
By JOHN W. DEAN; Findlaw, Dec. 30, 2005
There can be no serious question that warrantless wiretapping, in violation of the law, is impeachable. After all, Nixon was charged in Article II of his bill of impeachment with illegal wiretapping for what he, too, claimed were national security reasons.
These parallel violations underscore the continuing, disturbing parallels between this Administration and the Nixon Administration. (See also: Ignore Nixon at Your Peril John Dean letter to Karl Rove; Friday, May. 10, 2002; Findlaw;
…Bush has ordered a criminal investigation into the source of the leak. (at the NYT) Such a criminal investigation is rather ironic – for the leak’s effect was to reveal Bush’s own offense. Having been ferreted out as a criminal, Bush now will try to ferret out the leakers who revealed him.
NOW FOR THE SCARY PART
Daniel Ellsberg
Virtually all the things Nixon did against me that were illegal to keep me from exposing his secret policy are now legal under the Patriot Act. Going into my doctor’s office to get information to blackmail me with, wiretaps without warrants, overhearing me–all legal now. The CIA supplied the burglars in my doctor’s office with disguises and with cameras and they did a psychological profile on me. That was illegal then, legal now.
NIXON: WHEN THE PRESIDENT ORDERS IT, IT’S LEGAL
Nixon, the David Frost Interview; May 19, 1977
NIXON: Well, when the president does it that means that it is not illegal.
FROST: By definition.
NIXON: Exactly. Exactly. If the president, for example, approves something because of the national security, or in this case because of a threat to internal peace and order of significant magnitude, then the president’s decision in that instance is one that enables those who carry it out, to carry it out without violating a law.
Otherwise they’re in an impossible position.
…NIXON: Well, what I, at root I had in mind I think was perhaps much better stated by Lincoln during the War between the States. Lincoln said, and I think I can remember the quote almost exactly, he said, “Actions which otherwise would be unconstitutional, could become lawful if undertaken for the purpose of preserving the Constitution and the Nation.”Nixon, the David Frost Interview
SHADOWS OF NIXON
This is from a 1997 oped in the Houston Chronicle by Richard Ben-Viniste, written on the 25th anniversary of Watergate.
Richard Ben-Viniste
Houston Chronicle, 1997
This is just a partial list of crimes by RMN. :
the break-in at a psychiatrist’s office looking for information that could be used to smear Daniel Ellsberg, who had exposed the secret government history of the Vietnam War known as the Pentagon Papers; the misuse of the Internal Revenue Service and other federal agencies to punish those on the president’s “enemies list”; the illegal wiretapping of journalists and members of Nixon’s own administration; the deliberate falsification of government documents to enhance Nixon’s political agenda; the proposed fire-bombing of the Brookings Institution as a diversion for the theft of records; the surreptitious surveillance of political opponents; and the willingness to use thugs to brutalize political protesters. Shadows of Nixon
Why would anyone assume that Bush is a milder form of Nixon? Whereas RMN hired goons with Republican slush fund money, GWB instructed govt. employees in the Justice department to “make the illegal legal,” i.e. torture and the ‘plenary’ ‘unitary’ power of the Commander in Chief in the WOT and the US public paid for it.
CUT TO THE CHASE: THIS IS JOHN YOO’S WORLD, YOU’RE JUST LIVING IN IT
“What the administration is trying to do is create a new legal regime,” said Deputy Assistant Attorney General John Yoo March, 2002
The current case against the NYT who reported the story after sitting on it for a year should prove interesting. The person who “leaked” was a whistleblower reporting illegal domestic spying. Those at the New York Times who succumbed to White House pressure to sit on the story for a year have now figured it out: freedom of the press is a better safeguard for Democracy, and a better guardian of the Constitution than breaking the law in a war against an undetermined enemy.
Congress did not grant this power to wiretap Americans, nor was it their understanding of AUMF. It was Bush’s league of lawyers who came up with this. Primarily John Yoo, architect of the legality of torture… and the “plenary” power of the Commander In Chief. Bush’s War On Terror has no definition, no boundaries, and no foreseeable end. George Bush entered the US into an era of perpetual war. Bush, via Yoo et al, is claiming that whatever a president does during wartime is legal and unquestionable. Because of conflict of interest Gonzales must appoint a special prosecutor. Once that process has begun, there is no stopping the momentum…
Planting phony stories, planting phony journalists, buying off journalists, and gagging the NYT, (along with the previous management of Newsweek in the Qu’ran desecration incident) are just the beginning.
It is a soldier’s duty to disobey an illegal order. So, in my thinking, all govt. employees who have refused and have reported on the illegal orders of the Commander in Chief, should be granted immunity against prosecution. The investigation into the NSA scandal, if properly handled, will reveal illegalities on a scale we cannot begin to fathom. Evidence procured illegally (torture, illegal wiretaps) is disallowed. Our inheritance from George Bush? THE CONSTITUTION IN CRISIS.
One can only hope that now is the time to deconstruct the Bush presidency, and reconstruct the office of the Executive and the powers of the Commander in Chief, to re-introduce Congress to itself and to the freedoms and protections to be found LEGALLY within the Constitution.
With thanks to Cedwyn’s Impeachment: It’s Not Just For Blowjobs Anymore
Personally I can not stand to hear Yoo talk! I would love to know about him, Yoo, and to see if he still has the communistic blood of his heritage in him. Yoo is a flash back to days of old. Dow with Yoo, then let them try to deregulate America with all this nonsense.
To deconstruct Bush, deconstruct John Yoo. This professor of Law at UC Berkeley also sat in on the Gonzales “Is Water-boarding forward leaning enough?” torture meeting. Someone will correct me, but I think that was in spring of 2004.
UC Berkeley hasn’t moved to de-tenurize (or whatever the term is) him yet. So much for the vaunted “liberal bastion”…
Yeah, I’m all for free speech…but not when it comes to condoning and encouraging illegal acts, even in the name of “national security”.
[BTW, when I saw this diary, I thought that Bill Gates or Bono, this year’s Men Of The Year, had screwed up…]
Me too Cali. I was all prepared for the bashing. I must say I was relieved. Happy New Year. Are you weathering the storms okay?
Yeah, I’m all for free speech…but not when it comes to condoning and encouraging illegal acts, even in the name of “national security”.
Free speech is free speech for all or none. That goes for the neo-nazis, KKK, & clever rightwing fascists (which, btw Brenda, are Yoo’s S Korean ideological buddies — like Rev Moon, also a Bush bud — not the communists of the north) like Yoo as much as it does for anyone on the left the gov’t might prefer to silence. Short of ‘shouting fire in the theatre’ exclusions, there is no good reason for censorship.
We have rational minds with which to respond to these loonies. The problem is that they inhabit the WH now, & hire people like Gonzales & Yoo, who, as I think it was Digby pointed out recently, was only a low level DOJ att’y whose outrageous legal views were apparently cherry-picked in much the same way as pre-war intelligence.
Calls to send Yoo back to where he came from echo in most ugly fashion the many conservative, right-wing anti-immigrant voices one hears all around California these days. Let’s not mimic that shit.
Arcturus, I am truly sorry for making myself sound irrational; however, I can not stand anyone who will tear my constitution up for the lack of ethics and morals andn standards. They can send him anywhere I do not care where…just deport him anywhere. He has communistic sounds comming out of his brain that I simply do not like. I am sorry for the sound in tone of my rheteric. I am very angry for he is among the group that is hurting our country badly.
This is a beta version of NNDB
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John Yoo
Born: 10-Jun-1967
Birthplace: Seoul, South Korea
Gender: Male
Ethnicity: Asian
Sexual orientation: Straight
Occupation: Government
Nationality: United States
Executive summary: Thinks Geneva Conventions are obsolete
Former clerk for Laurence H. Silberman at the Court of Appeals, and later for U.S. Supreme Court Justice Clarence Thomas 1994-5. Served as Deputy Assistant Attorney General for the Office of Legal Counsel at the DOJ 2001-3, where wrote substantial parts of the PATRIOT act with Viet Dinh, and he co-authored a report that basically trashed the Geneva Conventions. He is now a law professor at U.C. Berkeley’s Boalt Hall Law School.
The forty-two page memo in question, which he authored in January 2002, stipulated that since Afghanistan has no formal government to speak of, neither the Geneva Convention nor any other laws of war apply. This breaks a fifty-year U.S. military tradition of upholding those rules, rules that we adopted because we expect them to be applied to us. When the U.S. state department read Yoo’s memo, they were “horrified”, their chief legal advisor calling it “seriously flawed.” But George W. Bush approved the policies in the memo, ultimately resulting in the Abu Ghraib fiasco and similar atrocities being committed in other Iraqi prisons as well as those in Afghanistan.
Other related memos discuss how to avoid prosecution of War Crimes that are expected to be committed by Americans following these policies, though it is not clear whether Yoo had a hand in authoring those.
Among his other zingers are quotes like “There is no constitutional right to privacy of records not in your possession” (said at a University of Virginia conference) and another on the PATRIOT Act, “It seems to me a very modest bill. There is no revolutionary change.”
Yoo occasionally appears on news programs such as Lehrer News Hour as a talking head (at least one time with Scott Horton as foil), largely defending Bush administration policies. With all these wonderful ideas coming out of his head Yoo still feels he has enough credibility to author a book on Constitutional law.
University: AB American History, Harvard University (1989)
Law School: JD, Yale University (1992)
Professor: Law, University of California at Berkeley (1993-)
American Enterprise Institute Visiting Scholar
Federalist Society
Korean Ancestry
Author of books:
War, Peace, and the Constitution (2004)
The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11 (2005)
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… How in the world did John Yoo manage to graduate Harvard summa cum laude? …
This nutjob will teach a course in Asain law starting this spring.
and then there is this from TPM……
(December 26, 2005 — 09:09 PM EST / link)
TPM Reader CS checks in …
That Post story was a great example of bogus even-handedness in action. And Sunstein’s statement that Yoo doesn’t deserve vilification is an example of the over-clubbiness of the legal profession.
Set aside Yoo’s book on presidential powers, which is tendentious and unconvincing but well-written. His “torture memo” is inarguably a horrific piece of legal reasoning, which uses lawyerly cleverness to evade the plain sense of words and endorse the policies his superiors wanted endorsed. It’s an utter embarrassment, by any measure.
— Josh Marshall
——————————————————————————–
(December 26, 2005 — 12:20 PM EST /
link)
For more on John Yoo, see this appropriately-titled piece in the New York Review of Books, “What Bush Wants to Hear”.
— Josh Marshall
All I can say is this man is so dangerous that he needs to go back to south korea and stay there with all his communistic thoughts.
And just imagine (recalling recent SCOTUS nominee “explanations”), suppose he were to be nominated to the federal bench, even to the Supreme Court in some future decade?
He is asked to explain his support for “Oh, I was just putting forward a legal support for a line of reasoning that the people I worked for wanted to see. . .”
Thanks for adding more info on Yoo. I had read the name before, but didn’t know how he was connected.
Wasn’t there a reference somewhere to you writing a memo about dissolving congress?
How did he get where he is?!
Oh Brenda – I saw my mistake just as I clicked “post” – you know who I meant – right?
I do understand. I do think this man is so tremendously dangers to the US that if we let ppl like this teach in our respected universities he will take more then he should from us. I simply can not stand the man! He is a crook and I would like to see him deposed back to where he came from for his ways of thinking and his actions within our government. He is one sick puppy.
It will be interesting to see how many of the “flies” get caught in this tangled web, and how many will fly away ; )
Great article sus, hope your new year is a good one.
Peace brother.
SCREW YOO!!!
The Political Folly Awards of 2005
by Tom Engelhardt
The Most Ubiquitous Uncivil Servant Award goes to… John Yoo.
The ubiquitous Yoo last won this award for redefining torture almost out of existence (“equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.”) in one of a series of 2002 memos he wrote justifying the Bush administration’s urge to manhandle suspects in its “war on terror.” Then deputy director of the Justice Department’s Office of Legal Counsel, he is now a law school professor at Berkeley, churning out books and articles on that foundational American dream of an unfettered presidency. A 2001 memo of his proved the key document justifying the President’s order to the National Security Agency to engage in its warrantless wiretapping scheme. It “said the White House was not bound by a federal law prohibiting warrantless eavesdropping on communications.” For that, our judges thought Yoo deserved this year’s award too. By the way, he’s already in the running for the 2007 Uncivil Servant Award. Known for four memos he authored providing “legal” support for almost unfettered presidential power, he was reportedly the author of at least another dozen such memos that “have not yet come to light… The overriding theme of them all is that the president can ignore congressional acts.”
SOME OF THE WRITINGS OF JOHN C. YOO
The Torture Memos:
NYT Guide to the Torture Memos
See Also:
And read:
* What Bush Wants to Hear; David Cole; New York Review of Books; John Yoo & the Imperial Presidency
Then There’s:
* The Usurpers of Our Freedoms
“Bush and company have very wrongly used the commander-in-chief power as a lever to make the President far, far too powerful, powerful far beyond anything intended by the framers, who created a government in which the legislature was to be the more powerful branch.
John Yoo has despicably abetted this process by writing intellectually corrupt legal opinions, which were to be used to shield officials high and low against the possibility of criminal prosecutions even though their acts plainly are criminal. The legal opinions, moreover, were classified, were all kept secret, in major part because Congress and the public would never stand for what is being done if they were to learn about it by reading the opinions.
The latest (Quite Mild)
* Scholar Stands By Earlier Writings Sanctioning Torture
(There’s more from Armando, ReddHedd and Josh Marshall)
The way I see it Bush has only two ways to go: