Bush administration misconduct hearings: Liveblog Part 6

By GottaLaff

Bob Barr: Dep't. of Justice has lost trust. There appeared to be use of executive power harming checks and balances. Secret Office of Legal Counsel opinions, to the degree and depth of secrecy, is troubling. Undermines separation of powers and Congress's oversight. What is the admin. talking about: "Domestic military operations" and that the 4th Amendment doesn't apply? Every administration takes the power from its predecessor and uses it as a floor, not a ceiling. Nothing is more important than this.

Rocky Anderson (Former Mayor of Salt Lake City, Utah; founded The High Road for Human Rights for grassroots advocacy re: torture, etc....): Disclosing the truth is vital in order to restore the rule of law. Checks and balances have been eviscerated... wiretapping, illegal spying. We don't know if we, our messages, have been intercepted. Torture of those with no connection to terrorism. We don't know how the program operated, if it's continuing. Monstrous human rights abuses. Indefinite detention without charges, or hearings. War crimes. Misleading Congress about threats to our security. There has never been a more compelling case for impeachment. No one, no court, should rely on signing statements as a defense for violating the law. Congress act on possibility of attacking Iran: forbid any attack, must have authorization by Congress. Special prosecutors should be considered. Punish any gov't. agent who engaged in torture, anywhere, without exception.

Stephen Presser (legal commentator, Constitutional law, Northwestern U.): Impeachment must be about grave offenses. Clinton v. Bush, different. Bush's allegataions: Dismissal of US Attorneys, he had discretion over this. No grounds here, no indication that he was involved in politicization. Unitary theory: not impeachable. He needs the freedom to act effectively in national interest. Signing statements: Practiced by other presidents. A better solution is to pass legislation. Detentions: Sought to prevent another attack. Not impeachable. Manipulation of intel and war powers: They believed what they did was necessary, not impeachable. Improper retaliation, obstruction of justice: If there was evidence, maybe, but no evidence. Misuse of authority in denying Congress to oversee conduct: Too general. Impeachment is a radical remedy.

Bruce Fein (deputy AG under Reagan): Executive branch vandalized the Constitution. There are no serfs in the Constitution's landscape. The rule of law is the nation's civic religion. Bush's claims of war power: Every square inch of the world is an active battlefield, and if he has a suspicion that there is a terrorist anywhere, he can impose military law, force in his view. That's alarming. We all have a sword of Damacles over our heads. He can kidnap, arrest, kill anyone he thinks is a terrorist without probable cause. He hasn't done this yet in the U.S. but we shouldn't have to wait around for a coup. You don't wait for the tyranny to come. Rule of law, foreign intel: He flouted FISA. He also said any limitation was unconstitutional: he could detain, kidnap, open mail, burglarize in the name of foreign intel. He is shielded from review, he claims. Miers, Bolten... His privilege assertions prevents oversight.