In yet another indication of how extreme Bush officials were in their war on terrorism, the New York Times is reporting that Vice President Dick Cheney and others pushed former President George Bush to send troops into Buffalo New York to arrest a group of men accused of terrorism.
What is interesting about this story is that such use of military force was completely unnecessary and shows how Bush officials used terrorism to advance their agenda to expand the authority of the presidency. Many Bush officials like John Yoo, Viet Dinh and others had advocated radical views of presidential authority before 9-11. If true, this is the most obvious example of how 9-11 was viewed by Bush officials as an opportunity to achieve their objectives to re-structure the American presidency along the lines of what is often called an “imperial presidency.” The Bush people articulated a view that dwarfed even Richard Nixon who is most associated with the imperial presidency model.
The debate over a military intervention in the suburbs of Buffalo occurred in 2002 — precisely the time when the unlawful programs on torture and warrantless surveillance were ramping up. Indeed, the usual suspects were present in these meetings calling for extreme measures: the lawyers John C. Yoo and Robert J. Delahunty authored the primary memo supporting the move. They argued implausibly that the move would be supported by federal law since the president was recognized to have authority “to take military actions, domestic as well as foreign, if he determines such actions to be necessary to respond to the terrorist attacks upon the United States on Sept. 11, 2001, and before.”
The Posse Comitatus Act of 1878 generally prohibits the military from acting in a law enforcement capacity, but Bush officials were highly antagonistic toward the act and its limitations. Congress allowed Bush to expand the domestic use of the military after 9-11 — part of its passive and infamous legacy in the aftermath of the attacks.
The targets were the Lackawanna Six and the Bush officials wanted them declared enemy combatants and a military intervention launched. These were relatively low-grade terrorist wannabes who were convicted of material support — a relatively easy charge for prosecutors when they cannot prove actual terror plots or conspiracies. Mukhtar Al-Bakri, Sahim Alwan, Faysal Galab, Shafal Mosed, Yaseinn Taher, and Yahya Goba all received sentences of ten years or less. The very idea of intervening with active military units for such a group is further evidence of the opportunistic conduct of Bush officials to achieve their vision of an all-powerful chief executive. To his credit, Bush refused to order the military intervention.
Notably, most of the framers opposed a standing army rather than a people’s militia because of their fear of the tendency of the military in history to exert political and social control over countries. We have seen how a domestic role of the military in other countries has produced instability and abuses.
What is truly frightening is how close we came. A single person stood in the way of tearing down one of our most important legal and political traditions. The bar on domestic law enforcement activities distinguishes this country from other countries where the military holds tremendous power like Iran. The recent military takeover in Honduras is an example of the dangers. We have long believed that people raised under our freedoms (and particularly trained in our laws) would be opposed to such attacks on our traditions and values. Yet, a vice president and top legal advisers facilitated an effort that was not just unlawful but unnecessary. It shows that, even in the most successful democracy in history, we can still stand just one vote away from a path of abuse or even tyranny. The alarm over this story is magnified by the utter failure of both Democrats and Republicans in Congress to exercise checks and balances during this period. We came down to George Bush — no civil libertarian — to block this effort — though this may have been more of a political and legal calculation.
For the full story, click here.
Mr. Hames is incorrect. All options should not have even been on the table following 9/11. For what it’s worth, my view is that the rule of law is more important than literally anything else to the preservation of a constitutional republic. Further, the rule of law by definition cannot be preserved through military force. Its survival requires universal respect, and that respect must begin with the presidency. It is for that reason that I have been deeply disappointed in the failure of the Obama administration to recognize and fulfill its most important duty, the restoration of the rule of law in this country.
We all must continue to insist that Mr. Holder appoint a special prosecutor and that the investigations begin. They should be permitted to go wherever the paths may lead and prosecutable offenses must be prosecuted, regardless of party affiliations. Until that happens there will be no unity and we will continue to fragment along ideological, cultural and ethnic divides.
Rafflaw:
the idea to use the military in a civilian capacity is not a new one and has been used by other administrations in the last 50 years. From the protection of students during integration to drug interdiction using Navel and Air Force assets.
I don’t agree with it being used, but it certainly is not a crime to think about contingencies.
Bobesq:
also Buddha made a comment above and noted that we were headed in a similar direction as NAZI Germany followed and so I provided a book that deals with that subject and a quote from Hitler that is the basis for the authors argument.
the remark “great thouhgts” was sarcasm.
Bobesq:
that tyranny is tyranny whether from any spectrum. And that using the military to take police action is not a good idea.
facing a dying nation
of moving paper fantasy
You guys know what? I’ve read through this report and through all the responses posted here and what amazes me is that 1) I can’t even begin to think about how to respond and 2) none of it surprises me.
the other day, Hair, was on HBO. Yes, that very sad movie Milos Foreman did of the landmark broadway play. Even though the movie disappointed, the music and the feeling and my connections to the Tribe brought back that this was supposed to be a time of peace and understanding, that the age of aquarious was real and the children including you and me Mike S were all part of it.
i know that getting all nostalgic is kind of lame but we really had something going on and it was pretty great for a while.
The first picture is the “ABYSS” the second is cheney looking into same.
http://villageofjoy.com/controversial-art-by-david-cerny/
Hitler’s Nazi Party Plank speech is an excellent quote when debating paternalistic laws, but I don’t understand what it has to do with Posse Comitatus.
Indentured Servant,
What are you trying to say by quoting Hitler?
IS,
Plans to break the law are never proper, even in a so-called time of war.
Mike S.,
I’m going to grant your belief that Obama doesn’t take on Bush/Cheney because he will be killed if he does so. It is not my opinion but I will take it as the truth for purposes of argument here. Would you please explain to me why Obama needs to continue to torture people in Bagram and Gitmo so that he can stay alive. Would you please explain why Obama is grabbing dicatatorial powers over our detinees and US citizens, ones that don’t have anything to do with the protection of bushcheney, for the sake of his own life. If he wants to break down corruption why is he engaging in so much of it? Why is refusing transparency on health care when he campaigned on it? Why is he doing any of the things JT mentioned in his blog summary a few days ago?
If he were simply avoiding taking on bushcheney that would be one thing, but grabbing dictatorial powers for himself is quite another. When Bush did the power grab after 9/11, the people who opposed him saw it for exactly what it was, a power grab. What Obama is doing is also a power grab and it needs to be called what it is or there will be too few people opposing him and it will be too late.
Mespo72^3:
so now we are the thought police as well?
I cannot wait for the future!
Eric Hames:
“This plan was DISCUSSED!@!!!!, not enacted, DISCUSSED!!!@! as all options should be at a time of war and likely have been by probably every single U.S. president.”
*************
It is my experience that suicidal ideations such as this plan should not be ignored. They tend to be self-fulfilling.
“It is my experience that suicidal ideations such as this plan should not be ignored. They tend to be self-fulfilling.”
Nice.
A Brief (Ah but you know me by now)Historical Reminder to All My Disaffected Friends.
The 60’s dawned with the look of a new age, especially for those like myself who had grown up under threat of Cold War nuclear exchanges, McCarthy’s demagoguery and the puritanical
enforced conformity that even viewed Elvis as a threat to society. Suddenly, on the scene came a relatively young politician who spoke of hope and promised the dawn of a new age. He nevertheless inherited a Cold War mentality on the part of the Military/Industrial/Congressional complex and an absurd plan to unseat Castro.
He also inherited an FBI, run like the KGB by JE Hoover, whose main business was surreptitiously getting evidence of sexual misconduct by prominent people to control them and maintain his power. He also inherited an out of control CIA run by Alan Dulles who pre-WWII had taken part with his brother JF Dulles and Sen. Prescott Bush bank that finance NAZI rise to power. Sen. Bush had also been alleged in a plot to enlist much decorated General Smedley Butler to perform a military coup in 1934 to remove FDR.
On JFK’s desk was a CIA plan, initiated by Nixon, to overthrow Castro. It was a cockamamie plan that completely misread Castro’s entrenchment, but had gone so far along and was so supported by his “intelligence experts” that he let it happen. What he hadn’t realized was that he wasn’t being told the full truth and that there had always been an expectation by the planners of US military support, however, Nixon had lost the lection unexpectedly.
When the invasion became a debacle his intelligence advisors and the military urged US involvement, which he prudently refused to do and so all the invaders got killed or caught.
This gained the enmity of the CIA and of the Cuban refugee population. In the stupidity of Cold War terms the USSR viewed this as displaying weakness on JFK’s part as did many powerful elements of the M/I/C complex.
As fallout from this JFK fired Alan Dulles from the CIA, making a serious enemy and had RFK try to rein in JE Hoover making another deadly enemy. When he later had a summit with Khrushchev, he was ailing from his hidden Addison’s Disease and a bad back and so further impressed Nikita as a weak young man to take advantage of. This led directly to the Cuban Missile Crisis, where a more violent solution was pushed by the Military and by the Cold War hardliners, but which he resisted, making even more enemies.
The final straw was that despite his reluctance JFK was forced by a sense of decency to begin to assist the CR Movement and that was it. He was done away with and it was all tied to LH Oswald, who life has the makings of made up fantasy for all those interested in investigating. The Warren Commission which did the investigation was chaired by Alan Dulles and had JE Hoover at the table supplying the investigation arm. It was such a tissue of lies that even today most Americans don’t believe it.
JFK dies, but unexpectedly it releases the makings of a an
anti-establishment Movement, which I was part of. My confreres and me with them, rather than reaching out for followers to create a majority coalition, alienated our natural allies with our excess in actions and rhetoric and it all shall we say is history. I could of course go on with this but I would only bore you with stuff you already know, or tire you with the tedium of my writing.
My point is simply this. Why would you believe that almost one half century since JFK’s death and after 8 years of the Bush/Cheney Crime Family, that it would be easy vanquishing this entrenched evil by simply becoming President? The attack on the rule of law and the Constitution has been going on since the US began. You are all smart enough to give me for instances of this ongoing attack against the Constitution and the rights of citizens.
What would you do in Obama’s place that would yield you more than a Pyrrhic victory, ending with you dead or discredited by a media controlled by Corporatists? This is not an easy battle and those we are aligned against are rich and certainly not as stupid as their minions are. I for one will never give up the fight, but old fart that I am with the state of my health, I’ve got a lot less to lose. I don’t plead with you to give up your beliefs and I do encourage your sense of outrage, but please I ask you to try to see beyond the rage, I know it’s hard for me too, and contemplate the nature of your enemy the better to defeat it.
Whose Legacy is Being Tidied Here?
By: Teddy Partridge Friday July 24, 2009 7:25 pm
” In deliberations that relied upon the Yoo/Delahunty 10/23/01 memo that found the President’s powers to fight terror to be almost limitless, former Vice President Cheney argued for the use of US troops to takedown the Yemeni cell in Lackawanna, NY, in 2002. Is this legacy-polishing week for the Bushies, after the TIME article and Cheney’s pushback on Scooter? Perhaps — the NYT mentions Condoleezza Rice as among those who fought to have law enforcement handle the terror cell.”
http://seminal.firedoglake.com/diary/6641
Haven’t seen Cheney on the tube lately,the daughter seems to have picked up the gauntlet.Lets see if she will run with this one.
After a revelation like this, although it seems they come more and more frequently, you got to ask yourself one question..Just how much evidence does Holder need to put these people in JAIL???
Where is the line? Who finally decides enough is enough?? IF something doesn’t manifest itself soon, I’m concerned that the people will take the decision in their own hands…Why are John Yoo and the rest of the lawyers involved in this kind of activity allowed to stay in the ABA and/or continue to practice/teach???
Buddha is Laughing:
have you ever read a book called Ominous Parallels by Dr. Leonard Peikoff?
here is an excerpt from the book:
“It is thus necessary that the individual should finally come to realize that his own ego is of no importance in comparison with the existence of his nation; that the position of the individual ego is conditioned solely by the interests of the nation as a whole…that above all the unity of a nation’s spirit and will are worth far more than the freedom of the spirit and will of an individual…”
“This state of mind, which subordinates the interests of the ego to the conservation of the community, is really the first premise for every truly human culture….The basic attitude from which such activity arises, we call- to distinguish it from egoism and selfishness-idealism. By this we understand only the individual’s capacity to make sacrifices for the community, for his fellow men.”
Great thoughts arent they?
Buddah I’m not saying I don’t think that they shouldn’t be prosecuted I’m saying it will never Happen because Obama will make sure it doesn’t Bush=Obama Obama=Bush
I truly don’t understand the intellect of some of those who are so blinded by Bush hatred that they make so overreaching statements.
Well now we come to the crux of the matter. You assume the requirement we all follow the rule of law to be an act of hatred. I personally do not legitimately hate anyone. As a citizen bound by the Constitution, I demand accountability from our elected officials at all times. Not because I hate them, but because the law requires it.
You also act like discussions of illegal activities is “no big deal.” Tell that to Nixon’s tapes. You further compose yourself as though this was the ONLY thing they attempted. Not just an apologist, but one living in a univese the diameter of a golf ball.
What is truly sad is the GOP has a real chance to get back into the game in 10 minutes by joining in a law-and-order restoration movement. The axe will fall, and what side do they want to be on? It’s into the Alaskan Wilderness, otherwise.
Pax,
M.