Digby Scoops NY Times
by tristero
Well, well, well. Finally, the New York Times noticed the article in the Boston Globe that Digby linked to on April 30, about Bush’s infamous signing statements. I told a couple of people in the meatworld about this, including My Smart Spouse, who don’t follow the crimes of this administration closely, and they found it very hard to believe Bush was that imperious. But he is, my friends, so much so that even the Times can’t fail to notice it anymore:
President Bush doesn’t bother with vetoes; he simply declares his intention not to enforce anything he dislikes. Charlie Savage at The Globe reported recently that Mr. Bush had issued more than 750 “presidential signing statements” declaring he wouldn’t do what the laws required. Perhaps the most infamous was the one in which he stated that he did not really feel bound by the Congressional ban on the torture of prisoners.
In this area, as in so many others, Mr. Bush has decided not to take the open, forthright constitutional path. He signed some of the laws in question with great fanfare, then quietly registered his intention to ignore them. He placed his imperial vision of the presidency over the will of America’s elected lawmakers. And as usual, the Republican majority in Congress simply looked the other way…
The founding fathers never conceived of anything like a signing statement. The idea was cooked up by Edwin Meese III, when he was the attorney general for Ronald Reagan, to expand presidential powers. He was helped by a young lawyer who was a true believer in the unitary presidency, a euphemism for an autocratic executive branch that ignores Congress and the courts. Unhappily, that lawyer, Samuel Alito Jr., is now on the Supreme Court…
Like many of Mr. Bush’s other imperial excesses, this one serves no legitimate purpose. Congress is run by a solid and iron-fisted Republican majority. And there is actually a system for the president to object to a law: he vetoes it, and Congress then has a chance to override the veto with a two-thirds majority.
That process was good enough for 42 other presidents. But it has the disadvantage of leaving the chief executive bound by his oath of office to abide by the result. This president seems determined not to play by any rules other than the ones of his own making. And that includes the Constitution.
In Barbara Kopple’s great documentary on Woody Allen’s Dixieland band’s tour of Italy, there’s a scene where the band plays its heart out in an Italian town. Kopple cuts to the audience to get their reaction, and the audience is just sitting there, expressing as much emotion as if they were watching a lecture on the industrial uses of zinc. The band plays even more ecstatically, but the audience remains unmoved.
After the concert, the Mayor of the Italian town goes to Woody’s dressing room to congratulate him. He smiles ear to ear – he’s talking to il Maestro! And he’s dazzled. Pissed off at the tepid reaction, Woody decides to avoid the usual exchange of compliments: “Such a pleasure to be in your charming town!” but instead waxes sarcastic, pulling out all the stops, something like, “Oh yes, what a wonderfully responsive audience! Why there were several times I could swear they were so moved I heard a couple of them tapping a foot or two.”
The mayor continues to beam. He knows enough English to understand exactly what Allen said. But the Mayor is so starstruck and Allen’s nasty comments are so far beyond the conventions of congratulatory discourse with entertainters that he can’t hear them. Woody, fully confident that his celebrity will insulate him from a bop on the nose, continues to get away with insulting the Mayor’s town to his face.
And that’s a little like Bush and the signing statements. Presidents of the United States don’t do things like that. They just don’t. There is nothing in American history that prepares us for a president who acts like he’s Louis XIV. Not even the odious Nixon. And so, Bush blithely issues his signing statements, telling the country over and over and over that he simply has no intention whatsoever of obeying any law he doesn’t like. And the country not only doesn’t bother to notice. The country doesn’t have the political/cultural framework to notice. Look, Bush’s signing statements can’t be compared to those of a tinpot autocrat. We’re talking the United States of America here, the very symbol of democracy – remember government of the people, etc etc?. So whatever he’s up to and as much as you dislike him personally, the president of the United States is not a fascist dictator, relying on his personal charisma to do anything he wants to. Of course, he respects and obeys the Constitution, no matter what the signing statements say.
Wake up, boys and girls.
If, at the moment, this president has reserved torture and long imprisonment without trial primarily for non-US citizens, or for deeply marginalized citizens like Padilla (Hispanic, a felon, and a Muslim), there is nothing to prevent either Bush, or some other crackpot, from extending such practices to members of the larger population they don’t particularly like. For example, liberals. Or the “wrong kind” of Hispanics.
Or maybe in the future, the president will follow the logic of the Pat Robertsons, decide that abortion really is murder, and have women stand trial for 1st degree homicide. And there’s nothing to stop Bush, or any future US president, from unilaterally deciding – as per the dictator in “Bananas” – that all US citizens must change their underwear twice a day; therefore, all underwear will worn on the outside, “so we can check.”
Why not? Think it’s so implausible?
If you had told me in 1999 that, by 2006, an American president could openly declare that he had no intention of obeying 750 bills he had signed into law, including a law ordering the US to refrain from torture, I would have assumed you’d been Bogarting one two many j’s from Tim Leary’s private stash. But it’s happened. If, back then, you had told me that the governor of Florida would try to kidnap a brain-dead patient, nearly sparking an armed confrontation between state and local officials, and that that governor was the president’s brother, I would have agreed with you, not tried to get you any more psychotic, and backed away very, very carefully until I was safe enough to run and call 911 to bring Thorazine and restraints, stat. But that, too, happened.
Slowly, but not stealthily, the movement of the American government away from any semblance of democracy towards some kind of fascism shows every indication it will continue apace.* The only serious setback I know of to this trend was Kitzmiller v. Dover. And that was only because a christianist-infected schoolboard jumped the gun and moved a few years too soon, probably because its leader had become addled from an oxycontin addiction.
The 2006 elections are crucial – even in its weakened state, can the Bush administration and the Republicans maintain their vice grip (literally) on the government? If they can, it will become exceedingly difficult – next to impossible – for this country to reverse its tracks and recover. Even if Republicans do lose a house of Congress, it remains to be seen whether Democrats have the will, and the skill, to lead this country back from the abyss. The politics of national opposition to Bushism are exceedingly complex, as Kevin Phillips’ book points out (that’s an optimistic reading of it).
But I’m getting ahead of myself. These upcoming elections, let’s return to them. Krugman has made the point over and over that there are so many crimes the Republican leadership has committed that they have a tremendous incentive to do whatever it takes to remain in power, if for no other reason than to avoid long incarceration. It is going to a long, ugly, expensive, and potentially dangerous summer for the United States. But it cannot be avoided and all of you need to vote, to get involved with campaigns you feel you can support (even if they are not perfect), and to get your friends and neighbors to go to the polls to vote these bastards out.
*To continue that hypothetical lookback: If, back in ’99, you had told me I would write a sentence like that, I would have laughed uproariously. The very notion that I would be that involved and have such a “radical,” pessimistic attitude! But I have, because I’m convinced the country’s federal government – and many state governments as well – have moved to the extreme right of American politics. Let’s not forget John Ashcroft with his white supremacist ties, my friends. Or the Hitler-admiring piece of trash that governs California, due to the recall of a Democrat and a special election.