Laurence Tribe writing at Balkinization about Bush, Judge Taylor’s NSA decision and how the media just can’t seem to focus on what is important, The Bloggerati response to Judge Taylor’s ruling in the NSA Case
My point isn’t that judges who play the role Judge Taylor did should never be held to account for the shoddy quality of their legal analysis; of course they should, especially in the context of sober second thoughts offered in law reviews and other scholarly venues. But It’s those with constitutional blood on their hands who deserve to be chastized most insistently in the public press, and it seems to me something of an indulgence to spend so much time complaining in the media that the judge who called foul used some ill-chosen rhetoric, and that she stuttered and sputtered a bit more than necessary, when the principal effects might well be to underscore one’s own professional credentials and one’s cleverness and even-handedness and fair-mindedness at the expense of distracting the general public from the far more important conclusion that the nation’s chief executive has been guilty of a shamelessly unlawful power grab.
Again, the law and its finer points are important and I have every confidence that those points will be addressed on the upcoming appeal, and if need be on the appeal after that. We’ll eventually get to the point where Bush and Gonzales get their clock cleaned and every i will be dotted and the same conclusion that Judge Taylor reached will be reached yet again. At that point we can expect the usual shrill whining that passes for discourse on the fringe right. The royal keyboarders of the Right-wing Damn the Constitution Society will face north and say a little prayer in honor of executive activism whilst damning the victory of American values as is their holy tradition.
A conservative supporter of the Bush administration left some comments at Balkinization that not surprisingly echoes the Bush/Gonzales argument the the AUMF(Authorization To Use Military Force) gave Bush the authority to assume authorities that he or any other president would not normally possess, Commander Jeff Huber, U.S. Navy (Retired) takes a mercifully concise look at that argument here, Bush Ain’t Got No Stinking War Powers
The administration has consistently based its claims of “unitary” and “plenary” executive powers on Article II of the Constitution and the Authorization for Use of Military Force (AUMF) passed by Congress in 2001 days after the 9/11 attacks. Yet, Article II makes no mention of a president’s war power authority other than making him commander in chief of the military. It makes no distinction of his powers in this role between wartime and peacetime, it makes no provision for his ability to suspend any other part of the constitution in wartime.
The AUMF states that, “Nothing in this resolution supercedes any requirement of the War Powers Resolution.”
The “War Powers Resolution” referred to is the War Powers Resolution of 1973, which says, “Nothing in this joint resolution…is intended to alter the constitutional authority of the Congress or of the President, or the provision of existing treaties[.]”
Many assert that all the debate over presidential war powers would disappear if Congress formally declared a state of war so the “War Powers Act” could go into effect. But that too is a frivolous claim. The only “War Powers Act” currently in force is the aforementioned War Powers Resolution of 1973, which as we already noted, specifically denies any change to a president’s constitutional authority in time of war.
There is more and a link to a longer article Commander Huber did at the jump.
[BUSH] The terrorists attacked us and killed 3,000 of our citizens before we started the freedom agenda in the Middle East. They were …
Q: What did Iraqi have to do with that?
BUSH: What did Iraq have to do with what?
Q: The attacks upon the World Trade Center.
A vote for a conservative in 2006 or 2008 is a vote for a clone of this same inane mentality. Its like one of those super serious moments where we want to laugh to relieve the tension, but then the idea of over 2,500 American dead in Iraq chokes down any pleasure we have at seeing the president of the United States display how utterly lost he is.
Call this today’s trivia. Al Gore is said to have failed to win his home state in the 2000 election, in reality Tennessee is Gore’s adopted state, he was born in Washington D.C. G.W. Bush’s state of birth is Connecticut, which he failed to carry twice.
It sounds broken.
Most likely sir! I bet it was something nice though! Now… I haver an insurance form. If you’ll just sign here, here, and here, and initial here, and print your name here, we’ll get the rest of the forms out to you as soon as we can.
from the screenplay ACE VENTURA PET DETECTIVE written by Jack Bernstein,Tom Shadyac, Jim Carrey