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Bush is no Nixon -- he's worse

July 16, 2006|Morton H. Halperin, MORTON H. HALPERIN served in the administrations of presidents Johnson, Nixon and Clinton. He is a senior fellow of the Center for American Progress and the director of U.S. Advocacy for the Open Society Institute.

Congress has been treated with equal disdain. When the Senate voted overwhelmingly to prohibit torture and cruel and degrading treatment by all agencies, including the CIA, Vice President Dick Cheney warned lawmakers that they were overstepping their bounds and threatening national security. When Congress persisted and attached the language to a defense appropriations bill, the president signed the law with an accompanying statement declaring his right to disobey the anti-torture provisions.


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The administration has repeatedly failed to inform Congress or its committees of what it was doing, or has told only a few selected members in a truncated way, preventing real oversight. Even leading Republicans, such as Michigan's Rep. Peter Hoekstra, chairman of the House Intelligence Committee, and Sen. Arlen Specter of Pennsylvania, chairman of the Senate Judiciary Committee, have voiced strong concerns.

During the Nixon years, the laws governing what the president could do and under what circumstances he needed to inform Congress were murky. There were no intelligence committees in Congress, and there was no Intelligence Oversight Act. There was no legislated prohibition on national security surveillance.

In response to Watergate and the related scandals of the Nixon years, however, Congress constructed a careful set of prohibitions, guidelines and requirements for congressional reporting.

Bush's systematic and defiant violation of these rules, as well as of the mandates of the Constitution and international law, pose a challenge to our constitutional order and civil liberties that, in the end, constitutes a far greater threat than the lawlessness of Richard Nixon.

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