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» Monday, July 03, 2006

Bush :: Decline of Unlimited Power

Beginning of the End!Anti Torture      Hamden vs Rumsfeld has finally initiated the beginning of the end of the unlimited power-grab by George W Bush.   No man is above the law and it seems that the law is finally catching up with this criminal White House who thought they could just write their own rules.

Only a few days after the Supremes ruled to reign in this megalomaniac, the results are starting to be seen.   The reaction of one of the main architects of Bush's memos and directives that bluffed the country and the world into thinking he was justified in his anything goes War Of Terror, is worth documenting.

John C. Yoo, while at the Justice Department's Office of Legal Counsel from 2001 to 2003 penned many of the memos to find, hold, question and punish the illegal combatants.   He responds to questions in an article by the NY Times.
The Court Enters the War, Loudly

By Adam Liptak
Published: July 2, 2006

The court's decision in Hamdan v. Rumsfeld, Professor Yoo said, may signal the collapse of the entire enterprise. "It could affect detention conditions, interrogation methods, the use of force," he said. "It could affect every aspect of the war on terror."

The logic of the ruling and its requirement that Congress directly authorize presidential actions even in wartime has broad implications. For one thing, said Laurence H. Tribe, a law professor at Harvard, it seems to destroy the administration's argument that Congress blessed the National Security Agency's domestic surveillance program when it voted for the authorization.

Because Article II of the Constitution, among other things, anoints the president as commander in chief, Professor Yoo and other administration lawyers have argued the president can ignore or override laws that seem to limit his authority to conduct war. In the current struggle against terrorism, they argue, the entire world is the battlefield.

Perhaps not any more. Steven G. Calabresi, a law professor at Northwestern and a founder of the Federalist Society, the conservative legal group, said this second argument is also in trouble.

"The court is certainly not embracing the broader Article II power," he said.

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