Mood:
incredulousOne of the funnier abuses of the English language is the careful misapplication of the double negative. Yes we have no Bananas. A critical issue in the testimony of the Atorney General when he spoke before the Senate Judiciary Committe on Tue of this week, seemed to be Constitionality of presidential action and constitutionality of congregional oversight. "Judge" Gonzales seems to be committed to the stress of symantics regarding constitutionality in the context of just such distortions.
He repeatedly used a peculiar definition of the semantics when making a primary point and in the next sentence he would dynamically define the same term in a contradictory manner then combine these points to produce a conclusion that is based on two contradictory opinions. When boolean logic is used to diagram a logic argument or dialectic this works out to: A= B and C=D therefore A=D. This sort of syllogistic tap dance is the basis of much of the communist political doctrine as well as occuring in mein kampf. It certainly is not sound thinking.
The main way this plays out in the "General's" dialogue is his oblique statement that Article 2 of the constitution gives the president and his direct employees the right to do anything to pursue the prosecution of a war without accepting the dictates of the congress, unless a specific law passed by congress covers specific details of a specific operation. This disregards the fact that operational details of an ongoing campaign MUST change to meet the circumstances that arise in the heat of battle. Mr. Gonzales would contend that when a plan goes ary, the president and the entire chain of command are exonerated by virtue of Article 2.
The "general" argues for instance that FISA courts have no jurisdiction over the action against `al Qaeda and cannot apply limitations such as the 15 days limit on wiretapping of US persons in contact with suspected members. This limitation essentially states that wiretaps must cease within 15 days of a declaration of war. The General claims no declaration of war on `al Qaeda exists. Yet when he describes the president's powers under Article two he refers specifically to wartime powers. This is exactly the sort of dual definition cited above.
When asked if he agreed that the decision in Hamdi vs the US Government, restricted the CIA to abide by the articles of the Geneva convention with a minimum standard of always in every circumstance being held to the standards of Title 18 of the US Service code and Article 3 of the Geneva convention, firmly stated that he didn't agree that the intelligence services must be bound to abide by this article in any action other than action against Afghanistan. This is most troubling.
The clear intention is to preserve the right to violate US LAW and constitution as well as US treaties, including the third geneva convention. It is clear that he believes it is acceptable to use US Intelligence agencies, which by definition are military assets and NOT legally empowered and constiutionally supported law enforcement agencies, to prosecute civilians. He clearly intends that the president he supports should do so likewise.
It all comes back to this Article 2 issue. Does the president have the authority to protect the US from foreign threats? Sure he does. Article 2 says so. Thus far, any reasoning person would agree with the Attorney General. However, the only document that gives the president the authority to do this is the Constitution that contains that article. No article of the constitution abrogates the remaining constitution. So of course: ALL ACTIVITIES ENGAGED IN BY THE PRESIDENT AND THE VARIOUS BRANCHES AND DEPARTMENTS OF GOVERNMENT EVEN THOSE TAKEN IN ACCORDANCE WITH ARTICLE 2 MUST BE BOUND BY THE RESTRICTRIONS OF EVERY OTHER ARTICLE AND AMENDMENT TO THE CONSTITUTION.
If the president authorizes or fails to end and publicly punish any activity which violates the explicit constiution, he is in violation of the constitution and makes his own appeal to Article 2 null and makes himself guilty of criminal activity with regard to the 1st, 4th and 14th amendments and possibly others besides. In addtion, such activity makes him guilty of violations of law with regard to Titles 14, 17 and 18 of the USSC. So clearly specific laws DO govern the current activities.
