Presidential Privilege? Excuse for Abuse?

abuse | government | power

Yet again I have to give Kudos to Catfish for this blog...It's kind of an extension to his blog...I just hope it is as well written:(
His blog is titled "Bush Invokes "Criminal" Presidential Privilege" Well worth the read.
I would however like to expand on his blog by saying that I don't think this "privilege" should be allowed. If we look back at history we can see exactly how this "right" has been misused...Nixon broke the law and was "Pardoned" by Gerald Ford. He should have been put in prison....If I were to break the laws that our less than erstwhile Presidents do on a regular, I would probably be sent to Guantanamo Bay!

Why are they granted this particular right? They misuse it all the bloody time.."Don't worry buddy I got your back" WTFFFF???
If I were a member of congress I too would break the law...hell why not? If I have a back up buddy plan then what's to stop me? The worst thing about this is that when Bush uses this "right" it tells me oh so many things...outside of the fact that he is protecting his pals...ultimately he is stopping them from being truthful about all of HIS lies...it's a "you scrub my back I'll scrub yours" Meantime the American Public walks around with less then scrubbed backs and less then a clue about WHY. Mz. Pelosi said yesterday that Congress wont impeach Bush because they have so many other things to contend with right now....That's BULL! If we Impeach both Bush and Cheney it will send a very strong message to the next Presidential hopefuls...Why do we allow the people WE elected the right to shit on us?? I mean if I hire someone to work for me and they start lying and stealing from me I GUARANTEE you they will be fired!! Let's fire them ALL!

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IntricateGirl's picture

Sassys,

Sorry, but I disagree completely. YES, Bush has abused it. Yes, there is potential for abuse. But the abuses must be tolerated because privilege is necessary for the entire government to function. Fortunately, it is not often abused. Yes, Nixon tried to withhold the tapes. Unsuccessfully. The Supreme Court ruled that it can't circumvent a criminal investigation. Privilege is actually quite limited, and best thought of as something similar to a confession to a priest, or discussions with a lawyer. As with both of these, it's the right to say something without the chance of it biting you in the ass legally. But actually doing something illegal is not excused. You cannot walk in and tell your local priest that you murdered someone, and expect him to say, "Oh my! Three hail Mary's then!" He's gonna call the cops, and rightfully so, because privilege no longer applies.

As for the other suggestions, a pardon is very different than privilege. In Article 2, Section 2 of the Constitution, the President is granted the right to pardon. This is also open to abuse, but is also very necessary. All part of the system of checks and balances. Let's take Nixon for example. I ABSOLUTELY DO NOT believe he should have gone to jail. Can you imagine the precedent that would set?? In other countries, governments can effectively recall their leaders, or the governments collapse when the people tell them that they have no confidence in their ability to lead. For better or worse (and in Bush's case, it's definitely for the worse), we choose a leader, and it's their tea-party for the next four years. But the idea is that we choose the best person for the job, and consider not only how they are now, but how we expect them to lead in four years. To remove a President from office is such a serious, monumental decision that it has never happened. Even to impeach is an incredibly big deal. To remove them from office and then put them in jail is liable to shake the entire form and system of our government that I'm not sure our nation would survive the implications. Ford did not make an easy decision, and he certainly didn't make a popular decision, but he made absolutely the only decision that he could. He'll be damned for it forever, and I'm sure he knew that when he made it, but he was sure enough with his decision that he was willing to make that tough decision.

Finally, impeachment. I worry that people are impeachment-hungry because of a "they did it to us, let's do it to them" mentality. Impeaching Bush, and worse, including Cheney, is a volatile step that's great to say in theory, but a shitty idea to actually do in practice. And Pelosi and company know it. But try telling Americans that you have absolutely no intention of impeaching either, and they will be voted out before they can enact some change that might actually mean something. Dump Bush and Cheney, and great. So they're gone. The simple truth is, impeachments are long processes and they are gone anyway. And to what purpose. We're still at war, we're still going broke, and we're still all-around screwed. Pelosi takes the blame because she can't turn it around in the few months that would be left of the term, the American system of democracy looks like a joke on the world stage, and then people start calling for Pelosi's blood. All it serves is to swing people back to the right much more quickly than they would otherwise be inclined. No, instead, the smarter move is to wait until Bush is out of office. Put on enough of a show that it doesn't lose the voters. Then you bring up Rove,etc. on charges. It's a criminal act, so executive privilege doesn't apply, and there's nobody to pardon you. And you let Bush and Cheney walk. Why? Cheney is not going to enter politics again, and if he did, nobody would have his back. And Bush has nothing but a tattered legacy. They crucified themselves- why add to it, when they're doing such a good job on their own?

Catfish's picture

Actually IG,...

what you've said about the priests isn't quite true across the board. Rabbis and Catholic priests will not call the police if you confess crimes to them. Truthfully, I don't think the Jehovah's Witness leaders will turn their own into the police either. Outside of that, I'm not really sure about the rest of them.

And I disagree with you on Nixon also. He should have gone to jail because he obstructed justice. If he's been John down the street he'd have gone to jail in a heartbeat. What Nixon did was commit a federal crime, and everyone else around him went to jail and he skated. I have heard that they couldn't have done anything to him while he was a sitting president, but we could have waited. But the pardon,... yeah, now there's a powerful tool.

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IntricateGirl's picture

Catfish,

I know it's not true across the board, but that's the idea of "privilege" that most people are familiar with, and as a general policy, I believe it is recommended that priests turn in criminals (depending on the nature of the crime, of course). The thinking typically goes that they can absolve you of the sin, but not the consequences that result from it.

The very problem with Nixon is that he is NOT John down the street. I do not view Presidents as royalty, and I am strongly against treating them as such, but because of the office, certain considerations must be made. There is not a jail in the US that could meet the safety needs of a former President. And if they build a special one just for him, it falls into one of two traps- special treatment, or unusual punishment in keeping him so isolated from average contact. You're absolutely correct that Nixon was guilty and DESERVED jail. No question at all about it. But carrying out the punishment was an impossibility given the circumstances.

Catfish's picture

Okay, I understand your second point, IG,...

and I'll grant you that it would be tough to figure out what to do with an ex-president in that circumstance, but if that same president had commissioned a murder and gotten caught, could a president get out of something like that? I ask that because I truly believe that type of thing has been commissioned in this country in places such as Nevada and Area 51.

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IntricateGirl's picture

I truly don't believe it

I truly don't believe it would ever come to light. Too much coverup, and too many people who would willingly take the fall in exchange for a pardon later. I think the President could shoot a Chief Justice at point blank range on his inauguration day, in front of a crowd of thousands, and he wouldn't be convicted.

But let's say he is, just for arguments sake. If so, I truly believe the state of the government would be on such shaky ground that it would be effectively dissolved. So sure, our President would probably go to jail. He'd also probably be one of the last Presidents, until a new form of government emerges here. We would have voted for a murderer who abused his power for his own gain. And that would prove once and for all that we have absolutely no business being allowed to vote for anyone. But that trashes the entire American system.

Catfish's picture

Based on some things I've seen IG,...

I'm not sure if I don't believe that everyone should NOT be allowed to vote. Yeah, I know that's kind of an anti-American statement on the surface, but the reality is that most people have no idea what the issues are or even have an opinion on anything. Most of those people stay home and don't vote at all, but the rest of them are voting on things that have nothing to do with the issues, such as how someone dresses, what their wife looks like, how much money they have, etc. The debates are a joke most of the time, because when asked later on about them, people say "so-and-so looked good" and "so-and-so spoke very well", but you don't hear much about what they thought specifically about what someone said.

And that's disappointing, almost as disappointing as the video at this link.

I mean, is this the best we can offer in America?

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Catfish I think that people should always have the

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right to vote, despite the idiots out there factor, the reality is that not all Americans vote, it's one reason why certain people have been elected....the minority "ultra conservatives" have been running the show for the past 12 or so years,,,yes even when Clinton was President,despite popular belief he was far more centrist than "liberal" and this time around I hope to hell enough of us are tired of this Regime mentality, and the devastation their uptight stupidity and greed has led us to. We have to hope that the people who don't vote stop believing that "it matters not what I do" because it matters very much...Another four years with the same people running the show will destroy the little faith and credibility we have. We therefore must teach people about WHY they need to pay attention.

Catfish's picture

Back to education, Sassys,...

the problem with trying to educate the masses to vote for what they really feel about the issues instead of the stupid stuff is trying to motivate them to care. And that's always been the issue with education in America in the first place, at least the last 40 years or so. Yes, everyone has the right to vote, but I think we can look back at both 2000 and 2004 and wish some people didn't have the right. And when I hear some of the things I hear,... well, you know.

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OK IG then let me put it this way...

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We did take the time and effort to impeach Clinton for a Blow Job!!And he too was already on his way out! Now if we can do that and survive, despite being the laughing stock of the entire world, then I really do believe it would be in our best interest to do the same for a President and VP that have done nothing but make us truly ashamed world wide...the rest of the world is sitting back thinking "These Americans are crazy, they Impeach one leader for having sex in their White House, but they allow a President to kill, cheat and lie without ANY consequences" And as far as Nixon goes he should have spent some time in jail...Americans would have understood why and so would the rest of the world.

IntricateGirl's picture

Politics should not be

Politics should not be retaliatory. I would hope that people are more mature than impeaching just because "they did it to us".

If it isn't "retaliatory" IG then

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what the hell was Clinton impeached for? Bush needs to be impeached for breaking several laws and for fucking with the Constitution.He's a crook and a liar.

Catfish's picture

Thanks for the kudos, Sassys,...

I don't think presidential privilege needs to totally go away, but it needs to be redefined so that it can't be abused like some of the presidents have been doing over the last 40 years or so.

Actually, based on the law, it's kind of too late to even think about impeaching Bush or Cheney, and there's not really any legitimate grounds, though we may think they should be. The rule states this: "The President, Vice President, and all civil officers of the United States" who may only be impeached and removed for "treason, bribery, or other high crimes and misdemeanors." A definition of "high crimes" is thus: A high crime is one which seeks the overthrow of the country, which gives aid or comfort to its enemies, or which injures the country to the profit of an individual or group. In democracies and similar societies it also includes crimes which attempt to alter the outcome of elections."

Neither of these guys had to try to overthrow the country because they were already in power, they actually went after the enemies, and if anyone altered the elections it was that woman in Florida and the Supreme Court, of whom Antonin Scalia actually said that was Gore's fault. But that caveat about profiting an individual or group,... well, I'm thinking the Saudis have profited quite nicely, as well as the oil companies, and most of the destabilization of gas prices came after our invasion of Iraq. And, if Cafferty of CNN is right in his speculation that the Iraq War was fought for oil,... maybe,...

Okay, now my head hurts!

We can't get either of them for treason, and bribery won't fly because neither one has made any money yet, and there's no proof that either well, though we all know that they will. High crimes and

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I disagree Catfish because

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as you yourself so aptly put it...Bush DID give "comfort" to our enemies...The Saudis made bank on his little war...also he went to war without our approval. Now just because we are not "sworn enemies" of the Saudis does not mean they are innocent...They are up to their necks in 9/11. Bush also did steal the election so did he overthrow it? No, but they stole it nonetheless. We can get all of them for both treason and bribery galore! And we are not even close to talking about Guantanamo Bay and the complete disregard of the law there. He is as crooked as they come, so was and still is, his daddy.

Catfish's picture

Didn't know, Sassys,...

that you wanted to go after Sr. also. :-)

I don't trust the Saudis, and I think they're getting away with murder in their relationship with the U.S., but they're not declared enemies so we have to toss that one out. And Bush did get approval; he just lied to everyone to get it, and in my mind, that should have been enough to get him impeached two years ago, but no one in Congress wanted to do it, and that may be the biggest act of cowardice I've ever seen.

As for Guantanamo Bay,... I have to admit I'm somewhat conflicted by that one. It may not be fair, but I don't have any regard for those folks whatsoever, other than if they were tortured I don't support that. All of them were known to be supporting the enemy in Afghanistan, and there were warnings at least a month in advance to get out of there because something bad was coming. Kind of the thing about being in the wrong place in the wrong time. Now, if you're talking about them still being in that prison, what, is it now six years, without any charges or even a trial, I might have to agree with you on that one, because, oddly enough, that's not the American way, though I guess it does fall under the rules of the Geneva Convention. I may need to study that thing one of these days, because it does seem a bit much at this juncture. But I don't want to see a single one of those folks on U.S. soil other than for a trial; ship them all elsewhere.

Still, feel comforted that he's almost gone, and his power is fading, as evidenced by Congress overriding his veto a few days ago.

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I don't care for the guilty at Gitmo Catfish either but

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our laws here in this country are very firm and supposedly "fair" and blind. So with that in mind we are a nation of intelligent and equal people, and yet we act like a bunch of thugs with a leader that is beyond stupid and paranoid, he has managed to make some of us believe that around every corner there is a threat. "Due process of law" was thrown out the window when it comes to Gitmo, and that is just NOT the American way. They may ALL be guilty, but if we don't give them a FAIR trial we may never know who's really guilty and who's not. It's like arming Cheney and telling him to shoot in the dark...hell it's like arming Cheney and telling him to shoot period. It's not a matter of "they are terrorist's" it's a matter of finding out who is and who isn't and a SPEEDY trial, not a trial after ten years, and oh oops sorry kiddo we THOUGHT you were one of them.

Catfish's picture

Okay, on this point, Sassys,...

I agree with you, they should have already had those trials instead of just confining people for all these years. Like you, I'd like to know just who is a terrorist and who isn't.

And, as we know by now, giving Cheney a gun and telling him to shoot at the enemy isn't a guarantee of anything. lol

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I agree here IG that we cannot treat our presidents

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like royalty...but unlike royalty they should still be held accountable for breaking the law...let alone what they have ALL done to our most treasured of documents, The Constitution. They are held to a higher standard then the rest of us, because we elected them, because we TRUSTED them to do the right thing by us and by the world. Now when they break all kinds of laws and they kill in the name of their OIL buddies, and use our own children to do this...hell yeah they should be IMPEACHED...at the very least!

Well IG how about Gitmo??

http://bloggerparty.com/blog/sassys

We could put them in Guantanamo Bay and then let them stew for a couple of years...in a sense they are traitors and they too deserve to be treated as they have treated others they deem to be traitors!

huttriver10's picture

Now thats a brilliant ...

idea. Just imagine Tricky Dick Nixon, that third rate actor Ronald Reagan and Dubbo all together there.There was a couple of Kiwi prime ministers who could have joined them.

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That would definitely be something to see Hutt!!

http://bloggerparty.com/blog/sassys

They should make a place for disgraced heads of state and royalty and presidents...hell we could find their pals and cohorts and force them to live together in extremely close quarters, we'd have Nixon perpetually squirming and Cheney could only shoot his mouth off. Ronald Reagan would constantly be putting on a crappy show and they would have to watch it every single night for the rest of their lives!

huttriver10's picture

Tales from the crypt...

and other weird stories.LOL

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DeeDooo,DeeDooo Hutt!!

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Welcome to "The Twilight Zone" "Watch as past Presidents are forced to go slowly crazy....they are fed a diet of crude oil and are only allowed to watch the Dow Jones ticker fall" LOL.

Pussy Willow's picture

Sorry it's taken me so long to wade in on this one, Sassys.

The last 3 days have been busier than usual.

Yes, I agree 100% that Bush is abusing his presidential privilege (I deliberately left off the caps). He's been doing that for 7 1/2 years and he will continue to do it until he is out of office. But this is not grade school where the teacher can put you in detention because you abused your bathroom privileges. We're talking about the Presidency of the United States and, whether he abuses his privileges or not, the fact is, those are the privileges of the office. There's really no getting around that simple fact.

I agree that this Administration has many things to answer for and, frankly, I put most of them under the category of 'war crimes.' And, who knows, they may be prosecuted for those in the future, when they no longer have the office of the Presidency to protect them.

As far as impeachment goes, let's not relate the Clinton impeachment to this. I think we can all agree that it was a complete farce and that it was a machination of the extreme religious right and it did what they intended it to do, ushered in the era of Dubya and the extreme right government we have suffered under for the past 2 terms. How many of us deluged our congressmen with calls and letters demanding that it be stopped? I know I didn't. I sat back and shook my head and wondered how the fuck this insanity ever got started in the first place. That farce really has nothing to do with what's going on today except that, perhaps, it has left congress a little more hesitant to make the same mistake again.

And if Dubyah were to be impeached, where would that leave us? Even if they could get it over and done with before January, which I seriously doubt they could, it would leave us with Cheney. Now, isn't that a lovely thought? And if Cheney were impeached, as well? It would leave our government even more vulnerable and I'm here to tell you, now is not the time to have our asses hanging out (any more than they already are).

The U.S. is in a bad way. Our inflation is already staggering and double-digit inflation is not far away. Our growth index is at about 1%, waaaaaaaay under inflation. The dollar is at an historic low. The price of gas is driving up the cost of food and every other commodity, including electricity - not just the cost of getting to work and back. The airlines are suffering huge losses that may result in more than one major airline going completely out of business. That would be a staggering hit to the U.S. economy - another one. We're in a war that we can't win - never could win - never should have started - and it's costing us billions - trillions! We've got terrorists of every stripe just waiting for an opportunity to take us down.

An impeachment, especially at this point in time, would be a waste of time and money, and a critical diversion of the attention that our congress needs to keep on the nation.

Let's, instead, start badgering our congresspeople to focus on issues that are critical to us. We didn't make enough noise about warrantless wire-tapping and look where that got us. We need to start making some serious noise about global warming - about getting the fuck out of Iraq - about staying the hell out of Iran!!!!!

And that's one really major point I think you need to look at closely. While you are focusing on Dubyah's past bullshit, how much attention are you paying to what he is trying to do in Iran? Mark my words, that evil bastard is planning to get us involved in a war with Iran before he leaves office. You need to start badgering your congressmen and never let up on that issue until Statan's little helpers (Bush & Cheney) are out of office. Otherwise, we may never get them out.

Yes, you should be outraged over what Dubyah has done and what he is getting away with. But now, more than ever before, you should choose your battles carefully. Stop letting his highly publicized hi-jinks divert your attention from what he is really doing. Pay attention to what the media is down-playing. That is where the real evil and the real danger is.

The Willow Does Gary Oldman

Well PW the scariest thing about a war with Iran is

http://bloggerparty.com/blog/sassys

that if a war should break out they would suspend the election and we could potentially have yet another four years of Bush. That is why if something should "happen" I hope enough of us recognize the potential for manipulation, I don't trust the process and I don't trust that it will be a fair election....We shall see.

Pussy Willow's picture

Just one more point.

While we are worrying about punishing Bush and Co. for what they have already done, they are pushing through new rules for women's health care that will effectively negate Roe vs Wade for poor women and will deny them access to birth control.

We've got to pay attention to what that sneaky bastard is doing now.

The Willow Does Gary Oldman

huttriver10's picture

It might still happen...

three months to go.

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