2/07/2008

It's Legal Because We Say So

Everyone knows that American prisoners in the War on Terror™ are tortured, despite years of the Bush Administration's insistence that no torture takes place. But times have changed as the Administration gets more arrogant and more determined to hold on to power. The new White House line is this: torture is official government policy, President Bush approved it, it's justified because we use it only on Very Bad People, and it's 100% legal because we say it is.

And the Justice Department won't open a criminal investigation of the confirmed torture practices. Or the CIA's destruction of evidence of said practices. Or the secret wholesale spying on Americans. Why? Because the Justice Department says it's legal, and there is thus nothing to investigate. No, they won't explain why it's legal. We just have to trust them.

At least, that's what Attorney General Michael Mukasey, CIA Director Michael Hayden, and National Intelligence Director Mike McConnell told various congressional committees this week.

This simply boggles the mind. How far have we fallen? Once upon a time, the United States of America was a beacon of truth and justice the world over, where the rule of law and not the whim of men holds sway.

We have laws to restrict how government wields power - laws which say that the police cannot search your home simply because they want to, that the FBI cannot tap your phone or open your mail just because the president orders it, that a confession cannot be beaten out of you under any circumstances.

But all that has now changed. In this new and very scary Administration pronouncement, there are no longer any laws - at least, not laws which mean anything. If Bush or his minions want to do something, they get one of their pet lawyers to declare it legal. The declaration is then classified so no one can ever see it. Problem solved.

Despite widespread public outrage at the Administration's endless power plays, the congressional leadership is too terrified to do anything about it. The specter of GOP attack ads calling them "soft on terror" is apparently too daunting for them to even consider impeachment. Even in the current FISA debate, the Democratic leadership is showing every sign of folding under Bush's "give me everything I want or you're a terrorist-lover" fear-and-smear campaign.

And people wonder why Congress' approval numbers are even lower than Bush's. It's enough to make one fear for the Constitution's survival until the next president takes office.

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