The October 26 broadcast of Bill Moyers' Journal explores the roots of the Bush-Cheney administration's "unitary executive" doctrine. Excerpts from the transcript:
BILL MOYERS: . . . President Bush and Vice President Cheney espouse the theory of the unitary executive. That means the President's orders can't be reviewed, questioned, or altered by the other two branches of government. He alone can say what the law means, or whether or not it will be enforced or ignored. In effect, George W. Bush says his powers must be unilateral and unchecked.
Critics claim the President has used the war on terror to put himself above the law and that he has created a secret presidency of classified decisions and orders, that approve extraordinary renditions, torture, illegal detentions, and wiretapping without warrants with the collaboration of big telecom companies. This boundless secrecy and surveillance evokes images counter to American values. . . .
Thirty two years ago, at the end of the Vietnam War, Congress turned over the rock and found all kinds of things squirming under it — lethal activities from electric pistols and poison pellets to Mafia connections and drug experiments. As well as illicit acts by the executive branch ranging from secret attempts by the CIA to subvert foreign democracies to unlawful domestic spying under such code names as Chaos, Cable Splicer, Garden Plot and Leprechaun. The Select Senate Committee headed by Frank Church found, no mailbox, no college campus, no television had been safe. The Church Committee led Congress to reject presidential claims of 'inherent authority' and restore some checks and balances, including putting an end to electronic surveillance without warrants.
WALTER MONDALE: This kind of unrestrained, illegal, secret intimidation and harassment of the essential ability of Americans to participate freely in American political life shall never happen again.
BILL MOYERS: But advocates of presidential prerogatives chafed at the restrictions and began then to try to reverse them. One of the people who argued most vociferously that a president could exceed the laws was a former White House Chief of Staff who had been elected to Congress. His name. Dick Cheney. Look at this excerpt from the documentary 'Cheney's Law' that was broadcast on FRONTLINE last week:
NARRATOR: Cheney had learned some hard lessons early in his political career. . . .
NARRATOR: Thirty-three-year-old Dick Cheney saw it firsthand.
RON SUSKIND, AUTHOR, THE ONE PERCENT DOCTRINE: He viewed the searing moments of the Nixon administration, which he was there in the front seats for, as a diminution of what the president ought to be.
NARRATOR: Then in 1975, he became President Ford's Chief of Staff. . . .
NARRATOR: Cheney watched Congress assert its authority over the president.
JAMES MANN, AUTHOR, RISE OF THE VULCANS: You have a wave of Congressional investigations . . . and Cheney is trying to fight off these investigations.
PROF. JACK GOLDSMITH, UNIV. CHICAGO LAW SCHOOL, 1997-'02: He's talked about how Congress unduly burdened the president and in a way that he believed was unconstitutional.
DAVID GERGEN: And Dick came out of that absolutely committed to the idea of restoring the powers of the presidency.
BILL MOYERS: When the terrorists struck on 9/11, Dick Cheney was Vice President, with the opportunity to claim extraordinary power in the name of national security. The FRONTLINE documentary showed how he did it.
JAMES RISEN, THE NEW YORK TIMES: They began to spy on Americans in an unprecedented way, in a way that they never had done before, by creating a special program to eavesdrop on Americans without warrants on their international phone calls and also by mounting a massive data mining operation.
NARRATOR: The data from billions of telephone calls and emails were being captured by The National Security Agency. But in the 1970s, Congress had prohibited such activities without the approval of a special court. . . .
BILL MOYERS: The stakes are still enormous and the argument over presidential power has grown more contentious because Democrats in control of Congress keep calling administration officials to testify only to be rebuffed by claims of executive privilege.
The entire broadcast can viewed online at the program's web site.
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