Roguely Stated

Independence Day brings two key elements of the American conscience into sharp relief.

First, the history of establishing independence and a new form of government, based truly on the people’s power. It is, in a sense, a celebration not just of independence, but also of the rule of law, of a government held in check by divided branches and separated powers. The Fourth is a celebration of the Constitution and of every part of the country’s history that it laid out — including the President’s power of commutation.

Second, security. Especially after last week’s UK terror plots, the issue of security was front and center as American families came together to celebrate the Fourth. It’s the same security that was recently damaged by — again, the President’s power of commutation.

After the White House announced President Bush’s decision to commute “Scooter” Libby’s sentence, Democratic critics came out with strong attacks, as expected. The good news is that Democrats seem to be getting better at message discipline, jointly assailing the Bush administration for being corrupt and for acting “above the law” — good charges that often hit hard against the secrecy-obsessed and croney-prone administration. With a few days passed and the attacks easing off, the question is whether, by focusing attacks on a key weakness of the Bush Administration, the Democrats missed an even greater opportunity: to overtake a real Republican stronghold, national security.

The law vs. the law of the land

This isn’t the first time that Bush has adopted a Judge Dredd-esque approach to his presidency, proclaiming through action rather than word, “I am the law.” So goes the Democratic argument. It’s also not the first time Dems have successfully assailed the Bush administration for cronyism and corruption.

Roll call:

House Speaker Pelosi said that Bush’s decision “condones criminal conduct.” Senate Leader Reid said, “Libby’s conviction was the one faint glimmer of accountability for White House efforts to manipulate intelligence and silence critics of the Iraq war. Now, even that small bit of justice has been undone.”

Across the board, leading contenders for the Democratic presidential nomination made similar remarks (all emphasis added):

From Senator Clinton:

Today’s decision is yet another example that this Administration simply considers itself above the law. This case arose from the Administration’s politicization of national security intelligence and its efforts to punish those who spoke out against its policies. Four years into the Iraq war, Americans are still living with the consequences of this White House’s efforts to quell dissent. This commutation sends the clear signal that in this Administration, cronyism and ideology trump competence and justice.

From Senator Edwards:

Only a president clinically incapable of understanding that mistakes have consequences could take the action he did today. President Bush has just sent exactly the wrong signal to the country and the world. In George Bush’s America, it is apparently okay to misuse intelligence for political gain, mislead prosecutors and lie to the FBI. George Bush and his cronies think they are above the law and the rest of us live with the consequences. The cause of equal justice in America took a serious blow today.

From Senator Obama:

This decision to commute the sentence of a man who compromised our national security cements the legacy of an Administration characterized by a politics of cynicism and division, one that has consistently placed itself and its ideology above the law. This is exactly the kind of politics we must change so we can begin restoring the American people’s faith in a government that puts the country’s progress ahead of the bitter partisanship of recent years.

Ultimately, though, Bush didn’t act above the law. He superceded one law — the one that resulted in Libby’s sentence — with another: the law of the land. The Constitution grants the right to commute sentences and issue pardons without check or balance, except in the case of impeachments. Critics of Bush’s commutation may dislike his decision, but it falls within the powers given him by the Constitution. But we look at the commutation, and we know something is wrong…

Soccer Moms and Hawks Unite: “IT’S NATIONAL SECURITY, STUPID.”

In his 2002 State of the Union address, President Bush said this: “Our first priority must always be the security of our nation.” Security, first and foremost.

This is the real fault in Bush’s decision to commute Libby’s sentence. It’s not about the law; it’s about security. It’s the battle Democrats should be fighting, because it’s the right fight and a great opportunity to take over national security in the run-up to the ‘08 elections.

Yes, the Democratic candidates mentioned security. But it was secondary. Mostly, they attacked Bush’s belief that he can hold himself above the law. Their comments should have been about national security.

About the deleterious impact Bush’s decision will have on the treatment of classified information.

About the severe consequences for the morale of American military and intelligence personnel.

About the damaging message the commutation sends to allies and enemies around the world: the President takes commutation of his friend’s 30-month term more seriously than upholding the fundamentals of a strong national security.

There are political reasons for the Dems to take up that charge: it’s a win, and it could be a big win come 2008. There are moral reasons too: it’s the right win. Time left for a left hook?

Tags: 4th of july, America, Bush, Classified Information, Clinton, Edwards, FBI, independence day, Intelligence, Iraq, libby, Obama, pelosi, reid, scooter, security, war
Related Posts:

None