The Imperial Presidency

6:07 pm EST July 12th, 2006 | Politics | 29 Comments

In the conservative cult, dear leader can never be wrong. Even when the law and the facts say he is, he’s right. He is infallible

The Senate Judiciary Committee yesterday heard testimony from Steven Bradbury, head of the Justice Department s office of legal counsel. When questioned by Sen. Patrick Leahy (D-VT) on whether the President s interpretation of the Hamdan case was right or wrong, Bradbury replied,  The President is always right.

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29 Responses to “The Imperial Presidency”

  1. White Whale says:

    Would this suffice as a Fruedian slip? Any cons wonder why we call them Bushbots.LMFAO:)

  2. Sundown says:

    Another classic example of Frank’s “Christian” behavior.

  3. Rounds77 says:

    I’d rather be a nut with nuts than be living in Bushbot perfectland as Bradbury appears to be.

  4. Rounds77 says:

    Watch it Frank, someone may interpret that statment as an invitation to do the Senator harm (yes, I can make fun of Democrats, too). At least Leahy has nuts to kick.

  5. Rex Mundane says:

    But wait, forsooth, I am confuse-ed. I thought, as the wise and brilliant Mr. Ann Coulter has said, that its the Left that has that whole doctrine of infallibility thing…

  6. Frank_D says:

    Leahy is nuts!

  7. White Whale says:

    And Frank doesn’t address the Bushbot culture that invades your party. And don’t speak of civilized discourse, when you are hardly civil.

  8. drpedro says:

    Since few of the lefties have military or other service in government, they are probably not familiar with the somewhat joking manner in which senior folks are treated.

    It is the sort of thing that someone on a ship would say “The captain is ALWAYS right” it is almost by defination. Same thing here, unless there is a specific reason for him to be wrong (in this case it really isn’t specified), his word is almost by defination law. Now he can’t completely override congress or the supremes directly, but certainly where there is no countervening authority, he is, by defination, “right” about policy matters.

    Sort of like the whole “the president leaked something” meme. It isn’t possible, since the president, by definition, can classify and declassify things on a whim.

  9. First off, the president is not always right. That’s just dumb to say so. As Richard Nixon can tell you, the president is not above the law.

    Secondly, it is a leak if the president orders an underling to link classified data. It’s also pretty immoral if the declassification of classified material happens on a whim simply for politicial vengeance.

  10. drpedro says:

    I didn’t say he is always right. I said in matters of policy, that is not superseded by other law, by definition he is right. He can make laws via presidential fiat. It is different.

    The president can declassify whatever he wants for whatever reason he chooses….regardless of your delicate feelings oliver.

  11. Leroy Brown says:

    So Pedro… which is it? He was joking? Or as in your example of the memo, he really can’t do anything wrong?

  12. Salmo says:

    Actually, the whole infallability thing is more than a little creepy. The President is responsible for administration, and he is limited by both the Constitution (as interpreted by the Courts) and the Congress (as expressed in the laws it has passed). He does not have the power of the purse, he cannot make laws, and he cannot substitute his judgement for that of the courts in matters of law or criminality. You wouldn’t know that from the behavior of the G. W. Bush administration, but the latest from the Supreme Court shows that a majority of the justices were paying attention during that part of our civics classes, and with most of us pitching in on this election season, we may soon get a Congress who remembers that lesson too. It can’t happen soon enough.

  13. frameone says:

    I’m sorry Pedro did you just write that the President can make laws via presidential fiat? Tell me that’s a mistake.

  14. drpedro says:

    Sorry frame, I forgot you went to USC….

    It is called an “Executive Order” and the president gets to make them….in other words, presidential fiat….

  15. Frank_D says:

    Gee, Salmo, thanks for the Civics lesson.

    Mr Bradbury is a lawyer.

    Do you think he sat thorugh Sister Mary Elephant’s current events class in eighth grade, too?

  16. Man, you’re an idiot. You do know that an executive order – even one written by a Republican – is still subject to a law. I’m sure you do, but as usual you’re being stupid on purpose.

  17. frameone says:

    I’m sorry pedro, but you did not say just that. You went on to say:

    “He can make laws via presidential fiat.”

    The president has no authority to “make laws” whether by fiat or otherwise. Now do you want to retract the above statement now or do you want to spend 100 more posts trying to convinnce us that you what you wrote doesn’t mean what it says?

    Here’s a good definition of what an Executive Order is: “Executive Orders have two main functions: to modify how an executive branch department or agency does its job (rule change) or to modify existing law, if such authority has been granted to the President by Congress.”
    http://www.usconstitution.net/constnot.html#execord

    Congress has to grant the authority to the President first, hence it isn’t by “presidential fiat.”

  18. Bill L. says:

    Courtesy of Think Progress

    LEAHY: The president has said very specifically, and he s said it to our European allies, he s waiting for the Supreme Court decision to tell him whether or not he was supposed to close Guantanamo or not. After, he said it upheld his position on Guantanamo, and in fact it said neither. Where did he get that impression? The President s not a lawyer, you are, the Justice Department advised him. Did you give him such a cockamamie idea or what?

    BRADBURY: Well, I try not to give anybody cockamamie ideas.

    LEAHY: Well, where d he get the idea?

    BRADBURY: The Hamdan decision, senator, does implicitly recognize we re in a war, that the President s war powers were triggered by the attacks on the country, and that law of war paradigm applies. That s what the whole case 

    LEAHY: I don t think the President was talking about the nuances of the law of war paradigm, he was saying this was going to tell him that he could keep Guantanamo open or not, after it said he could.

    BRADBURY: Well, it s not 

    LEAHY: Was the President right or was he wrong?

    BRABURY: It s under the law of war 

    LEAHY: Was the President right or was he wrong?

    BRADBURY: The President is always right.

    Where’s the joke here? Must be my lack of military cojones, ’cause I don’t see the gag.

    The Hamdan case doesn’t deal with whether or not we are, in fact, in a war in any legal sense at all, nor does it rule on whether Guantanamo should be closed. The case soley concerned itself with determining whether, even if we proceed from the assumption that our conflict with al-Qaeda can be termed a “war,” the President has the authority to subvert Congress, the UCMJ, and the Geneva Conventions and establish secret military tribunals.

    Now Bush seems to be declaring that the Court has upheld his position on Guantanamo, though in fact it hasn’t, it has only determined that he cannot circumvent Congress at will. Executive orders be damned, I guess. More to the point, while I can see Bradbury taking the position that, barring specific legal evidence otherwise, “the President is always right,” he is still willfully ignoring his role as a member of the Justice Dept. to reign in the President when he strays from established law. The fact that he defers to the President when it really should be the other way around (at least on legal matters) is profoundly typical of the Imperial Presidency mindset.

    Oh, and Bush still can’t declassify/classify anything at will (particularly anything protected by statute), so Pedro, you’re still wrong, but high fives for continuing to catapult the propaganda, even if it is into a brick wall.

  19. Jamey says:

    Pedro, Frank and their ilk remind me of baseball MVP candidates who play for losing teams: They’re free to swing from the heels, irrespective of how it turns out.

    Like Branch Rickey said to Ralph Kiner, “we could finish last without you.” The GOP can lose the battle of ideas without out Pedro and Frank, but having them in the game makes it that much more fun to watch.

  20. drpedro says:

    Paul I am not going to watch you get apoplectic about whether an executive order is a law or not. It looks like a law, it acts like a law, it modifies other laws…..i.e.: Its a law. You want to call it a “duck”, fine.

    The joke is, when you ask someone whether their “boss” is right, you responds, somewhat ironically, “he is always right”. Same goes when discussing your spouse….for you married folk out there.

    The guy was getting pounded by another leftist with a mic, and I think he was trying to lighten things up a little.

    You people continue to have a hard time with “context”. Come one, remember J. Kerry? It is all about the “nuance”….

  21. frameone says:

    “It looks like a law, it acts like a law, it modifies other laws& ..i.e.: Its a law. You want to call it a  duck , fine.”

    Jesus, you guys really did sleep through social studies. Only Congress has the power to make laws. The President does not have the power to make laws. An executive order is not a law. It’s an executive order, pedro, it looks like one and it acts like one. And you think we have a hard time with context, try reading the Constitution. You’ll sound like less of an idiot. I swear.

  22. midderpidge says:

    I have to wonder how DrPedro continues to be a Republican supporter since he values military service so highly.

  23. qkslvr_wolf says:

    pedro, there are far more democrats with military service than republicans, and you know that. Or at least you should, because I’ve reminded you of it several times.

    Link is here. Again.

  24. Frank_D says:

    Jamey: The Republicans will never lose the battle of ideas, as long as the Democratics are missing that key element: Ideas…

  25. duros62 says:

    Come on, frame, that’s the Old America. That paradigm has obviously played out. Welcome to USA 2.0; The New American Empire.
    Constittution? Rule of Law? That is sooo 1860.

    “Emperor Palpatine, a Mr. Vader on line 1.”

    /sarcasm

  26. frameone says:

    “The Republicans will never lose the battle of ideas …”

    Never lose the battle of ideas? Are you kidding? You guys don’t even know the most basic facts about our system of government. You, Frank, think that the Founding Fathers created a hierarchy of power among the three branches of government — as opposed to the system of checks and balances they actually put in place — while pedro thinks that the President can enact laws by executive fiat. Do you guys even know what country you live in? Let me help: It’s called A-M-E-R-I-C-A. It was founded on a little thing we like to call the C-O-N-S-T-I-T-U-T-I-O-N. Ever heard of it? Doesn’t sound like it.

  27. drpedro says:

    thanks for the useless link wolf. someone cherry picking names ain’t really “proof”.

    Look up the percentage of the military that are republican voters. The Navy Times did a survey a few years back, it ran well over 60%, and was actually closer to 70%.

  28. Frank_D says:

    It s called A-M-E-R-I-C-A. It was founded on a little thing we like to call the C-O-N-S-T-I-T-U-T-I-O-N. Ever heard of it?

    Wow — so clever.

    I heard of it before your sociopathic ass was a gleam in your father’s eye, asshole.

    Now, run back to you NYT CyberNavigator for a 1,000 word post.

  29. frameone says:

    “I heard of it before…”

    Ya, now try reading it.