With Little Notice, Leahy Pushes Through Repeal of a Scary Bush Power Grab

[kpete]

With Little Notice, Leahy Pushes Through Repeal of a Scary Bush Power Grab
by odum
Mon Feb 04, 2008 at 06:26:37 AM PST

Gone virtually unnoticed by the media was a true rarity: a Bush power grab, pushed through by the previous Republican Congress actually rolled back.

Of the many disturbing things this President and his GOP Congress did, this was one of the more chilling. Passed and signed into law in a very hush-hush manner, the law opens up the door for Bush to use the National Guard and other military forces domestically for almost any purpose he might deem appropriate.

...........................

What could happen under the new law? As just one example, let's say hundreds of demonstrators in Boston engaged in civil disobedience, sitting-in on the Boston Common to protest the country's policies in Iraq, and traffic ground to a halt. Under the new law, the president could order in the Massachusetts National Guard to clear out the protesters even if the Massachusetts governor opposed this.

Indeed, the president could order the Guard of any state into any other state-even if the governors of both states objected.

In the end, Leahy got the right people front and center before his committee. From Newsday:

Upon learning of the change, infuriated governors, National Guard
associations and local law enforcement groups mounted a campaign to
repeal the language, which they say usurps state authority and damages
domestic disaster response.

Spurred by belated public awareness of the law, lawmakers from both
sides of the aisle raised objections.

"This law authorizes the president to essentially strip the control of a
state Guard unit from a state's governor without consent," Leahy said
during an April 24 hearing the Judiciary Committee held on the issue.

"No governor was consulted, no debate, no hearing, nothing took place,"
North Carolina Gov. Michael F. Easley, a Democrat, said at the April
hearing, adding that the law would hurt disaster response.

The repeal went into the latest Defense authorization, and quietly, and with little notice, a Bush power-grab was actually rolled back. How often does that happen?

more at:
http://greenmountaindaily.com/showDiary.do?diaryId=2188
http://www.dailykos.com/storyonly/2008/2/4/9234/41958/107/449417

[Windy]

1. WTG Leahy!!! n/t

[ixion]

2. nice bit of news... I wish we were hearing about more rollbacks

excellent job, Mr. Leahy. :applause:

[bigbrother05]

3. Thank you Leahy

[bigbrother05]

4. Thank you Leahy

[redqueen]

5. Not nearly often enough.

How nice to read a little good news on a Monday. :)

[mod mom]

6. Is * looking to incite violence to declare martial law? Thank you Sen Leahy!

[ck4829]

7. K&R

[NC_Nurse]

8. Thank you, Leahy!

:loveya:

[bdamomma]

9. thank you Senator Leahy

at least someone is paying attention to the fine print.

[cali]

10. I'm so glad this filthy power grab has been

yanked out of bush's filthy hands.

Thanks, Pat.

k&r

[seafan]

11. What will stop * from whipping out another signing statement to ignore this repeal?

It is beyond insanity that impeachment is *off* Nancy's table. She needs to be replaced as Speaker very quickly.

This is all just too much.


But, thank you, Senator Leahy.

[formercia]

28. Junior doesn't care

because he knows the electorate hasn't the intestinal fortitude to do what needs to be done and the next President will accept the powers he has garnered and use them for their own means. He also know that, for the sake of national unity, all will be forgotten as it has been done before.

All of us will remain in economic slavery, for that is the lot of those who believe that the accumulation of material wealth is the road to happiness.

They could not have done it without us.

[formercia]

12. Signing Statement

to be issued shortly.

This was very important. I was afraid we were back to the old days when factory owners had the National Guard shoot striking workers and protesters.

[burgundy floppy hat]

17. But the signing statement s can be challenged in the courts, continually

even if it takes twenty years, keep fighting to make sure executive power isn't redefined.

Everything we are experiencing with Bush, right now, has precedence in American history, even American presidents conspiring to overthrow the Constituting in some manner.

Lincoln thought Buchanan conspired with Roger Taney (and others) to make slavery legal, in America, a back door method of undermining what he felt was the founding fathers intent to let slavery die, in so many words, make America a slave nation, where all men were NOT equal. This equality is the foundation of our nation, without it, we are just another failed state.

And this was the President, and the chief justice of the supreme court, in the 1850's.

So nothing new here, nothing at all, Bush and Cheney, just as dumb as the others who would defy the Constitution.

The founding fathers choose our system of government, in part, because they were familiar with the other types failing.

Smart succesful people get it, Bush supporters, don't.

[burgundy floppy hat]

18. Constitution, not enough coffee yet, sorry...

and not good coffee, at that...

And I STILL have to water my plants.

[onenote]

31. no signing statement

chimpy signed the bill, and while he issued a signing statement identifying several specific provisions with which he took issue, this was not one of those provisions.

[krkaufman]

51. Exactly what I was wondering. I'm still angered that Dems haven't confronted ...

... the signing statements.

[RainDog]

13. Sen. Leahy contact info

http://leahy.senate.gov/contact.cfm

I'm gonna send an email to say thank you. anyone care to join me?

[Frustratedlady]

20. Thank you! I just did.

[iris5426]

27. Thanks me too! nt

[MiniMe]

14. That is probably the best way to go about those things with *

Sneak it into a bill like it was snuck in before and don't publicize it until after the bill is signed. WTG Pat.

[Solly Mack]

15. More rollbacks! Don't they feel good?

I like them so much I want more. More!More!More!

[madokie]

16. I'm a saying it, its a coup we're dealing with here

[goforit]

19. Democracy, eh? Thank you Leahy,but Bush's tyrranny edging through.

Scarey sh*t

[caseycoon]

21. K&R and Wow.. just WOW! n/t

[yurbud]

22. k & r

[riqster]

23. Give that donkey a carrot!

Good job, Senator Leahy!

[Winterblues]

24. Well it will get a Veto and as the old saying goes "We don't have the votes"

:shrug: "Nothing ventured , nothing gained" as another old saying goes. We will see..

[onenote]

32. might want to check your facts: the bill already was signed

No veto.

[blogslut]

25. Patrick Leahy is

the Goddamned Batman. :)

[leeroysphitz]

26. How many Dems voted for this for it to have become law in the first place?

I'm glad to hear about Leahy's efforts. We needed a win on this one but I can't help but observe that we'd have a lot less to clean up now if more dems had done their due diligence then.

[cali]

29. Pat Leahy has never not done his due diligence

nothing- not even anthrax- has stopped him.

[leeroysphitz]

33. Don't worry. I never said otherwise. n/t

[polmaven]

37. I don't know which Democrats may or may not

have voted for it, but during the years of the Republican led Congress, it could have become law without a single Democrat. I don't have the details of the bill passed by that Congress. If it was a stand alone bill the Republicans had the votes to pass it with no Democrats....It would only take a simple majority for most of the mess they created.

[Hekate]

71. Thanks for the reminder. So many votes were cast along strict party lines, w/ Dems opposing & losing

... to the Repub-dominated Congress time after time for so many years.

Hekate

[MadMaddie]

61. I think that it happened during the Republican majority

controlled Congress it didn't matter how many Dems supported it or voted against. The Republicans pushed through anything they wanted with no opposition or with the Democratic Party making deals with the Republicans and then acting surprised when the Repugs kick them in the teeth.

[leeroysphitz]

77. Oh. I thought that the opposition party had tools like the fillibusters

and committee rules to at least give them a shot at fighting legislation that they were opposed to. Or at least make a big enough fuss about it to call peoples attention to bad legislation. Wonder why this got so little coverage at the time?

[VP505]

30. I remember reading

about how Bu$h had done that but like some of the other tings he has done it quietly disappeared from public view leaving me to think we lost another one. Glad Senator Leahy was diligent and quietly waiting for the right time to take action, well done!

[ThomWV]

34. Immagine, a Democratic defense of State's Rights.

[riqster]

36. Well, Reeps ditched that doctrine years ago

...along with a balanced budget, freedom of speech, etc.

Guess it's only natural for the Dems to pick 'em up.

[Deep13]

35. Why the hell isn't he majority leader?

I remember that Leahy has been a vocal proponent of our civil liberties since at least the 1980s.

[SoCalDem]

41. Because he's from a "safe" state

Some in the senate still think that propping up a milquetoast senator from a quasi-red state will somehow translate into votes from his state in general elections.. like they would be too afraid to get rid of him because of his "power"..(see Tom Daschle)

[frog92969]

38. That is a VERY good start!

Now let's hope for some momentum, we've got a long way to go.
:kick: and Recommended.

Big thanks to Leahy, don't forget to let him know that we noticed.

[ngGale]

39. A thank you to Leahy!

At least he stood up to power. I'm loving this man, wish we had more like him.:thumbsup:

[SoCalDem]

40. THAT'S how you DO it..

You don't go on TV a la Reid/Pelosi and whine & whimper & wring your hands about what you're "gonna do".. You just line up your ducks (quietly and behind the scenes)..call for a vote. and DO it !..THEN you go on TV and tell us what you got accomplished.

[Swamp Rat]

42. Geaux Leahy!!

Happy Lundi Gras! :party:



:kick:

[malaise]

43. Great news

I love Patrick Leahy.

[redqueen]

44. Kick for good news.

:)

[bread_and_roses]

45. Good for Leahy! BUT....I wonder how the votes broke out....this time and

when the Bill went through? (I remember reading about it first time around, but don't recall details...so many crimes, only so many memory banks....). Because I have to wonder if the Rs are not content to have this repealed since they are faced with the prospect of a Democratic president?

Not, of course, that I want to see such power in the hands of ANY president of ANY Party, but I do mistrust the motives of the Rs - they've fought hard enough to win the battles they truely wanted to win.

[wildbilln864]

46. ah, good news for a change! Thanks! n/t

[MasonJar]

47. Thank you, Senator Leahy. Now can we do the same with all the

other hideous actions put forth by Bush/Cheney? The signing statements need to go next, unless we can just get Bush and Cheney to go/vaporize would be good!

[AroundtheBend]

48. Awesome! I love that Leahy's my senator!

[cali]

73. Welcome to DU, AroundtheBend. I feel the same way.

Love that Leahy and Sanders and Welch represent us in Congress.

[suffragette]

49. Interesting that it's mostly indies and the Army Times

reporting on this. Almost like the mainstream media wants to give the impression that nothing positive is being done by the Dems. Hmmm, :freak:

Good on Leahy for getting this done and good on those who reported it.

Some additional info from the Army Times article:
The nation’s 50 governors had complained that the Insurrection Act, passed as part of a 2006 defense bill, hurt the states’ ability to use the guard to respond to natural disasters.
~snip~
The defense bill also included a provision by Leahy and Sen. Kit Bond, R-Mo., to increase the National Guard’s clout at the Pentagon when decisions are made about the guard’s missions, equipment and staffing.

The change elevates the chief of the National Guard from the rank of lieutenant general to the rank of general, makes the chief the prime military adviser to the defense secretary on Guard issues, and directs the Pentagon to work with the Guard on homeland defense planning.

“This gives the National Guard the voice it needs and deserves in policy decisions that affect the Guard from top to bottom,” Leahy said. “Right now, the Guard has to beg and scrape and rely on the tender mercies of others for every piece of equipment they need to do the jobs they are asked to do. These reforms will begin changing that.”

Go, Senator Leahy!

[pleah]

50. K&R! Thanks kpete, I really needed to hear some good news tonight.

[kirby]

52. Two words: Signing Statement n/t

[cali]

74. Wrong. Bush signed it into law WITHOUT a signing statement.

[kirby]

78. You are correct...

http://www.whitehouse.gov/news/releases/2008/01/20080128-10.html

The repeal was section 1054 I believe. His signing statement was for sections 841, 846, 1079, and 1222.

No surprise that Duncan Hunter was the warmonger who added it in the first place.

[katty]

53. everyday an uphill battle - great

[Helga Scow Stern]

54. Thank God, in time for election. n/t

[vanboggie]

55. we need to write him, thank him, applaud him

Positive reinforcement! This is an amazing turn of events.

[peacetalksforall]

56. A question please - Does this reduce the ability to decalre martial law and

use the NG. I forgot all about that 'king rule'. confused.

[creeksneakers2]

57. Leahy is the best

I wish he would have run for president.

[IsItJustMe]

58. Can you say "Dictatorship"? Old Ben Franklin had it right when he said , [paraphrasing] when people

coward behind authoritarian laws, they don't deserve freedom.

[raging moderate]

59. PATRICK LEAHY FOR PRESIDENT!

Wahoo! The Green Mountain Boys ride again!

[bjobotts]

60. Governors have been trying to get this accomplished for several years now.

Finally the states get control of their own National Guard units back.

[FATCATs]

62. Any Rollback is a Good Rollback !

[CaptJasHook]

63. Leahy, Dodd and Webb

Keeping the Constitution alive and well.

[toadzilla]

64. sweet!

[Spiffarino]

65. How's that for our "do nothing" Congress?!

Leahy was a prosecutor, and apparently he hasn't lost his skills. Good on him for finding and killing Bush/Cheney's poisonous hidden clause.

[CitizenLeft]

66. YES!!!

Some good news, for once! :applause:

[stickernation]

67. WAY TO GO PATRICK !!!

RIGHT ON BROTHER !!!

LET'S ROLL IT ***ALL*** BACK !!!

[defendandprotect]

68. Nice to see a Democrat actually defending us -- thanks, Sen. Leahy--!!!

[kelligesq]

69. Good for Leahy - One of the few decent ones

[Kat45]

70. I remember when that law went through.,

and I was not happy about it. Glad they repealed it.

[liberalla]

72. Way to go! Do that some more!

They've happened upon an effective method of getting things through! I support these tactics when implemented by Senator Leahy!

(but not by the bushgang)

[tom_paine]

75. This is great news. And the Democrats did something! Hooray!

:patriot: :party:

[LynneSin]

76. Let's get Lieberman kicked off his committee - woohoo!!!!!

:sarcasm:

I know Congress has not been great but stuff like this would NOT have happened if we kicked Lieberman totally out and let him side with the repukes.

Perhaps when we get more democrats elected in 2008 we won't have to tolerate Lieberman anymore

[Technowitch]

79. White House will quietly issue signing statement...

...saying they are not bound by the law. Just look for it.

[Quantess]

80. I missed this the first time.

I love good news!
:yourock: