December 23, 2008
CHENEY AND A 'COMPLETELY INVERTED' REALITY.... Dick Cheney has been spending quite a bit of time outside of his undisclosed location lately. After hiding throughout the campaign season, the Vice President has done a series of "exit interviews" as his time in Washington wraps up.
And as part of his long goodbye, Cheney has offered a series of interesting legal opinions, all of which look pretty ridiculous when scrutinized. Slate's Dahlia Lithwick highlights a few of Cheney's most recent gems, all of which point to an official who has "completely inverted settled and open legal questions."
For example, Cheney made the case that torture is legal, most notably waterboarding, which he not only defended in an ABC interview, but acknowledged having cleared as Bush administration policy. Is he right? Not so much.
That question has been resolved as a legal matter for centuries and is not actually open to relitigation on ABC News. Water-boarding has been deemed torture and prosecuted as a war crime in this country. It violates, among other things, the Convention Against Torture, the War Crimes Act, and the U.S. anti-torture statute. Its illegality is neither an open question nor a close one. Yet again, the handful of people -- including Dick Cheney -- who maintain that torture is completely legal corresponds almost perfectly to the number of people who could be prosecuted for war crimes because it is not.
And then there's Cheney's belief that the president has the legal authority to do just about anything he wants as part of his national security responsibilities. This authority is vested in the presidency, Cheney said, because of "the nature of the world we live in." Is this right? Survey says...
The claim that "the nature of the world we live in" warrants a perennially unchecked executive branch can be delivered with all the gravitas in the world, and it still amounts to constitutional nonsense. To this end it's well worth reading Absolute Power, in which distinguished legal journalist John MacKenzie takes a close look at claims about the unitary executive. MacKenzie shows how a scholarly constitutional claim about the right of executive branch officials to interpret the Constitution morphed into the aggressively ahistorical interpretation of executive power that Cheney parrots with such perfect confidence. As MacKenzie writes: "The unitary executive has come a long way for a theory that has a hole in its heart and no basis in history or coherent thought. It simply is devoid of content, not expressed or even strongly implied in foundational documents such as The Federalist, not to mention the Constitution."
Something to keep in mind the next time Cheney sits down for another interview: when it comes to the rule of law, he has a twisted worldview.
—Steve Benen 2:10 PM
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Before Jan. 20th, I predict we'll see the oft-predicted "Bush pardons Cheney, then resigns so Cheney can pardon him" maneuver.
Posted by: lenny on December 23, 2008 at 2:11 PM | PERMALINK
It's very odd, because our attention span is so small these guys were damn near forgotten, torture was a black mark, but in the past and I felt like we were moving forward. Then here comes Cheney reminding us why they need to be judged in court by their peers. But there in lies the problem, 12 random jurors will never unanimously find these two, among others, guilty. Only as war crimes tribunal will be able to accomplish that task.
Anyways, so these guys come out of the woodwork trying to convince the world they were right, but it's only fueling the sediments we held before the election, these guys need to be held accountable. Cheney is making it clear, who had the real power, who was pulling the strings and I am a little surprised his egomaniac boss hasn't came out to clarify who was in charge.
Posted by: ScottW on December 23, 2008 at 2:21 PM | PERMALINK
It's all a bit like PTSD, these inanely absurd interviews which reveal again and again the barrage of Horrifying Indifference and Arrogance which is at the heart of the Bush/Cheney mind and what we've all been ruled under for the last eight years.
Here's what they're saying:
"So What?"
"Fu*k You"
"We kept America Safe, so shut the hell up"
Posted by: Indifference and Arrogance Exemplified on December 23, 2008 at 2:26 PM | PERMALINK
Presidential pardons are meaningless outside the United States....
Posted by: Steve W. on December 23, 2008 at 2:37 PM | PERMALINK
Didn't the Greeks have a term for a guy who was given absolute power to deal with emergencies in the world they lived in? Neat idea and all that, but it doesn't seem to have made it into the U.S. Constitution.
Posted by: Not Prince Hamlet on December 23, 2008 at 2:37 PM | PERMALINK
Anyways, so these guys come out of the woodwork trying to convince the world they were right, but it's only fueling the sediments we held before the election Scott W
A little respect please. Those sediments were the ashes of our constitution. Other than that, my sentiments exactly.
Posted by: Danp on December 23, 2008 at 2:39 PM | PERMALINK
To me, Cheney increasingly sounds like a loon. While he might not be busted by any US cops, isn't he in trouble if he steps off US soil? I mean aren't signatories to the Geneva conventions arrest him for war crimes? Does he really beleive he's above "all that," even outside of the US?
Posted by: brat on December 23, 2008 at 2:45 PM | PERMALINK
Thank God we had great men such as VP Cheney and President Bush to protect us and take the fight to the enemy.
Posted by: fred t on December 23, 2008 at 3:24 PM | PERMALINK
"...and I am a little surprised his egomaniac boss hasn't came out to clarify who was in charge.
He would, but Cheney won't let him.
Posted by: Marko on December 23, 2008 at 4:08 PM | PERMALINK
Cheney has never been shy with the big lie technique. I think he's still promulgating the Saddam/WMD story.
Posted by: Luther on December 23, 2008 at 9:59 PM | PERMALINK
"I predict we'll see the oft-predicted 'Bush pardons Cheney, then resigns so Cheney can pardon him' maneuver"
Not a chance. They're quite certain that they can successfully bullshit and stonewall any investigation, and that neither Congress nor the national media has any interest in, or stomach for, a real airing out of the sewage that has piled up over the past eight years.
Sadly, they're almost certainly right.
Posted by: PaulB on December 24, 2008 at 1:04 AM | PERMALINK
"And Jon Stewart did a good job of calling it out for the wigged out argument that it is..."
Unfortunately, he's the only one. It's maddening the way interviewer after interviewer, pundit after pundit, reporter after reporter, just sits there and nods solemnly as utter bullshit is spewed. And the most they'll do is the old "Cheney says this while some say that" crap.
Posted by: PaulB on December 24, 2008 at 1:08 AM | PERMALINK