Bush is no Nixon -- he's worse

But there also are important differences, and at first blush, it is hard to say which administration's policies are worse. Much of what the Nixon administration did was clearly illegal and in violation of the Constitution. Nixon and his colleagues seemed to understand that and worked hard to keep their activities secret. On the occasions when their actions became public, administration officials tried to blame others for them.

These actions were not limited to its warrantless wiretap program and the investigation of political opponents by the IRS and other agencies. They also included, among other things, the burglary of the office of Daniel Ellsberg's psychiatrist (to find evidence discrediting Ellsberg, who had leaked the Pentagon Papers to the New York Times) and the effort to have the CIA persuade the FBI to call off the investigation of the Watergate burglary (by asserting that it threatened national security).

Although the Nixon administration did argue (like the Bush administration) that virtually anything the president did to promote national security was lawful, it never presented an argument to justify these particular transgressions.

By contrast, as far as we know, the Bush administration has not engaged in any such inherently illegal activities. Nor has it, to our knowledge, specifically targeted its political opponents (aside from the outing of Joseph Wilson's wife, CIA agent Valerie Plame).

But even though Nixon's specific actions might have been more obviously illegal and more "corrupt" (in the sense that they were designed to advance his own career over his rivals), President Bush's claim of nearly limitless power -- including the ability to engage in a range of activities that pose a fundamental threat to the constitutional order and to our civil liberties -- overshadows all comparisons.

Among the many such activities are the seizure of U.S. citizens and their indefinite detention without charge or access to lawyers; warrantless wiretaps of citizens in violation of procedures mandated by Congress; and the seizing of individuals in foreign countries and their movement to third countries, where they have been subjected to torture in violation of U.S. laws and treaty obligations.

When these activities have leaked out, the president has not sought to deny them but has publicly defended them (and attacked the press for printing the information). The administration has vigorously opposed all efforts to have the courts review its actions, and when the Supreme Court has overruled the president, as it has several times now, the administration has given the court holdings the narrowest possible interpretation.