"...and the president can violate the law with utter abandonment..."

[Bush_Eats_Beef]

Testimony of John Dean on censure (EXCERPT)

RAW STORY
Published: Friday March 31, 2006

Bush’s on-going action with his NSA wiretapping (if not secrecy, torture, etc.) and Congressional inaction (or acquiescence) must, sooner or later, intersect, and a point will be reached and crossed when the Congress has all but sanctioned the conduct and the president can violate the law with utter abandonment. No one can say that the Congress has not been put on notice. While there is vague law that says Congressional inaction is not a license for executive action, Congress is now confronted with executive branch attorneys who take the most aggressive reading possible in all situations that favor executive power. It is only necessary to look at the Administration’s interpretation of the September 18, 2001 Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541) which it reads as authorization for the NSA program, to appreciate how far it will push.

And that is what I believe will happen if Chairman Specter’s proposal to involve the Foreign Intelligence Surveillance Act court should become law. If past is prologue, President Bush will not bother to veto the bill, rather he will quietly issue a signing statement saying as Commander in Chief he disagrees with the bill, and he does not care what the FISA court says, and he will just keep doing what he has been doing. In short, should Congress pass Chairman Specter’s bill, the Chairman should recall what happened to Senator John McCain’s torture amendment before he attends the photo op at the White House while Vice President Cheney is off somewhere approving the signing statement – and gutting the law. If this committee does not believe this Administration is hell bent on expanding its powers with such in-your-face actions, you have been looking the other way for some five years of this presidency.

That is why censure might be the only way for the Senate to avoid acquiescing in what is clearly a blatant violation of the 1978 FISA stature, not to mention the Fourth Amendment. If “censure” is politically too strong for the Senate, then an appropriately worded Sense of the Senate resolution not acquiescing in the president’s defiance of the law might be a fall back position to prevent a waiver, and preserve Congress’s prerogatives.

In short, I implore the Senate to undertake not a partisan action, but a strong institutional action. I recall a morning – and it was just about this time in the morning and it was exactly this time of the year – March 21, 1973 – that I tried to warn a president of the consequences of staying his course. I failed to convince President Nixon that morning, and the rest, as they say, is history. I certainly do not claim to be prescient. Then or now. But actions have consequences, and to ignore them is merely denial. Today, it is very obvious that history is repeating itself. It is for that reason I have crossed the country to visit with you, and that I hope that the collective wisdom of this committee will prevail, and you will not place the president above the law by inaction. As I was gathering my thoughts yesterday to respond to the hasty invitation, it occurred to me that had the Senate or House, or both, censured or somehow warned Richard Nixon, the tragedy of Watergate might have been prevented. Hopefully the Senate will not sit by while even more serious abuses unfold before it.

http://www.rawstory.com/news/2006/Testimony_of_John_Dean_on_censure_0331.html

[radio4progressives]

1. Until the Dems get back the White House...

Then we'll see "New Rules" proposed by the Repukes for who the Attorney General is supposed to represent and what powers the President is supposed to have.

[northofdenali]

2. Dean has really become a statesman. Surprising.

I am so grateful he didn't go the way of Colson, et al - American Taliban to the end.

"I recall a morning – and it was just about this time in the morning and it was exactly this time of the year – March 21, 1973 – that I tried to warn a president of the consequences of staying his course. I failed to convince President Nixon that morning, and the rest, as they say, is history."

Dean has redeemed himself in my opinion.

[Wisconsin Larry]

3. A point will be reached? It would appear that this President

has reached the point where he not only violates the law with utter abandonment, he writes his own law with "signing statements" in which he decrees what Congress really meant.

[enough]

4. A great statement.

[Vidar]

5. 1. Impeachment 2. conviction. 3. execution.