[lbo-talk] Delegitimation

boddi satva lbo.boddi at gmail.com
Tue Dec 20 05:10:49 PST 2005


I think your words reveal a problem that the Left has created for itself on this issue. Calling the war "illegal" and even Bush's presidency "illegal" has undermined the legitimacy of the very real illegality of this surveillance business. Bush V. Gore did not represent a Constitutional crisis - it was handled in the way these things should be handled and decided on quite narrow legal questions (however surprising the decision may have been, given the Court's previous opinions about those same questions). The Iraq war was perfectly legal. The process went according to law and I know of no person or institution that has the standing to make a claim in our courts against Bush for going to war.

And forget "international courts". So called "international law" has the odd quality that the entities which are supposed to be regulated under it can opt out at any time (it's not an act of war or criminality to leave the United Nations, for example). Not so with national laws.

However, Bush is in real trouble on this wire-tapping business. He flatly ignored the statute and asserted extraordinary powers. Sending a little note to a few Senators (who shamefully, shamefully ignored their duties) is no substitute for following the law and the President could find himself in court on this - and impeached if he's found guilty or tries to derail that process.

Mark Shields had a good line on this tonight. He asked why it the Bush administration was even upset that the Patriot Act had been delayed. Under the Attorney General's theory, Bush doesn't need the law at all. His war authorization lets him do what he wants anyway.

boddi

On 12/20/05, Max B. Sawicky <sawicky at bellatlantic.net> wrote:
> We may think -- correctly -- that the USG routinely ignores the law, but
> out in the country thanks to the mainstream media a lot of people are
> just deciding that is true in re: the wiretap/FISA fandango. Hence I
> conclude it behooves us to consider impeachment seriously as a rallying
> point in general and for the '06 midterm elections in particular.
>
> mbs
> ___________________________________
> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>



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