Barack Obama is receiving lots of advice from many people these days about the collapse of Wall Street, the sinking economy and the quagmire wars he will inherit from the Bush regime. However, there is one important matter that he alone can address with his legal training and the sworn oath he will take on January 20 to uphold the Constitution. That phenomenon is the systemic, chronic lawlessness and criminality of the Bush/Cheney regime which he must unravel and stop.
To handle this immense responsibility as President, he needs to bring together a volunteer task force of very knowledgeable persons plus wise, retired civil servants to inventory the outlaw workings of this rogue regime.
Much is already known and documented officially and by academic studies and media reporting. In the category of “high crimes and misdemeanors”, are (1) the criminal war—occupation of Iraq, (2) systemic torture as a White House policy, (3) arrests of thousands of Americans without charges or habeas corpus rights, (4) spying on large numbers of Americans without judicial warrants and (5) hundreds of signing statements by George W. Bush declaring that, he of the unitary presidency, will decide whether to obey the enacted bills or not.
To its everlasting credit, the conservative American Bar Association sent to President Bush three reports in 2005-2006 concluding that he has been engaged in continuing serious violations of the Constitution. This is no one-time Watergate obstruction of justice episode ala Nixon that led to his resignation just before his impeachment in the House of Representatives.
Nearly two years ago Senator Obama, contrary to what he knows and believes, vigorously came out against the House commencing impeachment proceedings. It would be too divisive, he said. As one of one hundred Senators who might have had to try the President and Vice President in the Senate were the House to impeach. He should have kept impartial and remained silent on the subject.
As President, he cannot remain silent and do nothing, otherwise he will inherit the war crimes of Mr. Bush and Mr. Cheney and become soon thereafter a war criminal himself. Inaction cannot be an option.
Violating the Constitution and federal laws is now routine. What is routine after awhile becomes institutionalized lawlessness by official outlaws.
Domestic Policy abuses are also rampant. Just what are the limits of the statutory authority of the U.S. Treasury Department or the government within a government funded by bank assessments known as the Federal Reserve?
Don’t read the $750 billion bailout law for any answers! The Speaker of the House, Nancy Pelosi and the Majority Leader of the Senate, Harry Reid just sent a letter to Bush asking whether the White House believes the bailout law could be interpreted to save not just the reckless banks, but also the grossly mismanaged Big Three auto companies in Michigan.
Didn’t Congress know what they were or were not authorizing? Or did the stampede started by the demanding Bush result in blanket, or panicked ambiguity by a cowardly Congress?
This week, the Washington Post front paged an article that the Treasury Department unilaterally gave the banks a tax break that was estimated to be worth a staggering $140 billion. Just like that! Fiat! The Post reported that impartial legal experts flatly declared such a decision to be without statutory authority which means the Bush regime usurped the constitutional authority of Congress in matters of taxation and basically took out a 22 year old law enacted by Congress. Not to be outdone, on the same day, the lead article in the New York Times reported a four-year-old Bush doctrine allowing Special Forces and other armed force to pursue terrorists in any country in the world. The Times specified incursions at will into Syria, Iran, Somalia, Pakistan and other countries.
Such violations of national sovereignty without formal declarations of war or through formal interventions by the United Nations are violations of international law. The Bush government answers this assertion by its open-ended, totally self-defined, right of “self-defense” under the UN Charter. The same self-determining argument can be made by covert terrorists or covert actions by adversarial governments. This is an example of make-up-your-own international law to suit your own covert operations.
As a country that has the most to lose from the shredding of international law and order, the United States under Bush is giving many IOUs to revenge-minded suicidal adversaries. They can simply to their mass audiences say, if the U.S. can do anything it wants, why shouldn’t they?
It has been widely reported that the Justice Department under Mr. Ashcroft and Mr. Gonzalez epitomized contempt for compliance with the laws regarding civil liberties, due process and politically interfering with U.S. Attorneys.
Less publicized was its refusal to enforce the laws routinely transgressed by the corporate patrons of the White House—such as environmental crimes, consumer fraud, and anti-trust violations.
Obama has tools to restore law and order by the government itself. The Bully Pulpit. Ordering departmental directives. Issuing Executive Orders. Requesting legislation. Highlighting the integrity of the subdued and buffeted federal civil service which, with its oath of office, deserves far more effective whistleblowing protection laws.
The ACLU has just released: “Actions For Restoring America: How to Begin Repairing the Damage to Freedom in America After Bush.” Mr. Obama would do well to use this important report as blueprint for restoring faith in the U.S. Government’s commitment to the Constitution (see http://www.progressivereform.org/).
Barack Obama taught constitutional law at the University of Chicago. Let’s have it operate out of the Obama White House. And the time to start laying the groundwork is now!