The coming "cataclysmic fight to the death."

by Kagro X

With a hat tip to BriVT at Daily Kos, I offer you this tidbit from Time, which he brought to our attention:

If lame-duck Presidents are to achieve anything, they often have to look for ways to go around Congress, especially when it is in the hands of the other party. Clinton used Executive Orders and his bully pulpit to encourage school uniforms, impose ergonomic rules on employers and prevent mining, logging and development on 60 million acres of public land. White House press secretary Tony Snow says Bush may take the same bypass around Capitol Hill. "He told all of us, 'Put on your track shoes. We're going to run to the finish,'" Snow said. "He's going to be aggressive on a lot of fronts. He's been calling all his Cabinet secretaries and telling them, 'You tell me administratively everything you can do between now and the end of the presidency. I want to see your to-do list and how you expect to do it.' We're going to try to be as ambitious and bold as we can possibly be."

In fact, when it comes to deploying its Executive power, which is dear to Bush's understanding of the presidency, the President's team has been planning for what one strategist describes as "a cataclysmic fight to the death" over the balance between Congress and the White House if confronted with congressional subpoenas it deems inappropriate. The strategist says the Bush team is "going to assert that power, and they're going to fight it all the way to the Supreme Court on every issue, every time, no compromise, no discussion, no negotiation."

OK. Anything jump out at you?

How about that entire last paragraph?

Too bad no one told you that was coming, eh?

Well, I mean, discounting just about everything I've had to say about how this "administration" works, over the course of the past year, that is.

I haven't got much to add to this, except to reiterate that this gang has no intention whatsoever of submitting to any serious "oversight," no matter who's running it. The subpoena power Nancy Pelosi promised as the fruit of a Democratic majority in the House evaporates in the face of a threat like this -- unless we're willing to counter it with a threat of our own.

But how credible is our threat? Backtrack in the Time article just a bit, and take a look at the frame in which that threat -- and we all know which unnamed "I word" embodies that threat -- is portrayed:

As for what direction the Democrats are likely to take, much would depend on whether would-be House Speaker Nancy Pelosi decides the next two years are about revenge, or about governing--and whether she can keep her troops in line.

Oh, wonderful. Nevermind that governing rendered impossible by the Bush "administration's" announced intention to deny Congress its oversight function, in addition to its usurpation of the legislative prerogative through its abuse of signing statements. How do you govern in our system when you have a president who simply refuses to recognize the legitimacy of any restrictions on his power? You can't. But of course, standing up to that outrage against the Constitution is "about revenge."

And, my dearest Democratic Leadership, please don't look at me like you didn't help sell that frame.

I hope you're ready to work that hard when it comes time to explain why you've decided to re-set "the table."

Comments

[freepatriot]

so what's your point ???

you think America is gonna stand by and watch george bush thumb his nose at Congress while our soldiers are dying ???

you think the military is gonna protect commander codpiece ???

When Zogby polls 70% of Americans in favor of impeaching george bush, and 21 repuglican senators are gonna be up for election in 2008, how do you think the vote is gonna go ???

bush's inability to function as an adult is gonna be Nancy Pelosi's best weapon in the future

this ain't about a blow job, and this ain't America's first rodeo

we know about failed military actions, and we know how impeachment works

now watch this drive

Mr. Conyers, you may call your first witness

[freepatriot]

ooops, left an open tag

[smiley]

Impeachment = Governing. Revenge would be, say, rounding up everyone who happens to be in the white house at 10:00 AM on Nov. 9 and waterboarding them for a good three or four years. And then freezing the assets of the RNC because they're a suspected terrorist organization. And then stealing all of their money, killing their children, destroying their homes, and spying on their friends and neighbors, all the while protesting that we would never, ever, EVER do anything of the sort.

Impeachment is not revenge. Plus, wasn't GHWB the man who finally talked Nixon into calling it quits? Maybe if he attempts a repeat performance, his worthless kid will finally listen to daddy. Wouldn't that be one for the record books- the only man in history to talk TWO presidents into resigning the office?

The GOP has shit the bed, and it's time for someone to air out the dirty laundry.

[Jodi]

Oh, great. Already everyone is going to pieces.

It's like a ragtail mob, that has had its rope stolen.

I hope the new Democratic leadership has it more together than this clueless bunch. Or is that too much to hope for also.

[Katie Jensen]

When I think of what is at stake for so many in that administration I can conceive of no other way for them to go at this election. They are not going to fight fair. They have nothing really to lose. Bush is going down as one of the most corrupt in a long time, he is in a fight for his life. (so to speak). They know what they have done, and they know the legalities they will face if the truth comes out.

Vote, vote, vote. March, March, March. For this reasons dems need to match the intensity. We ARE literally in a fight for our lives. Countless more will die if Bush stays in charge.

This is the only thing that scares me, is that this situation is similar to the batterer who is locked up in his home having killed his wife and kids. It could get real ugly before it gets better.

We need to stay motivated and really watch the election scene.

I just found out that there is a bogus misdeamnor on my record. I have never been charged with a crime in my life. I went to the court house and found out that they have to run an investigation before they can remove it from my record.

They have to figure out how it got there, and this could take weeks. I am afraid they won't let me vote. The weird thing is that the charge occurred in 2001. They let me vote in 2004. However, I had applied for licensure and they do a criminal background check and I assume it came back clean because no one said anything to me about it back in 2002.

I hope it does not stop me from voting. But I have to say, it made me wonder about how such an error occurred. If I get to vote, then it's probably just a clerk error, but if it prevents me, there is going to be hell to pay.

[hauksdottir]

"FOOL ME ONCE,..."

"It's war. It's a 'Continuity Presidency'"

(snip)

""We will be attacked on the basis of Article II Section 1, and on Amendment XXII," McIntyre writes. "Thus it is absolutely crucial that the anticipated Executive Order for a Continuity Presidency make no mention whatsoever of a 'Third Term.' This will eliminate appeals to Amendment XXII, and leave us free to focus our attack on Article II Section 1 alone. Thus, the Executive Order has got to be framed as a necessary - and Congressionally authorized - extension of the President's Second Term, so that we can base our arguments on the Joint Resolution and Article II Section 2."

(snip)

""Consider the practical problems: the election might well go on in defiance of the executive order. That might leave Bush no alternative but to declare martial law. He would need support from the military in that case, and I doubt he would get it. Remember, military personnel swear an oath to the Constitution first, and to the President second. Where the two are in conflict, most will consider the Constitution paramount."

http://www.theregister.co.uk/2006/04/01/gwot_cha/

"FOOL ME TWICE?..."

Bush Moves Toward Martial Law

"Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to "suppress public disorder."

President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act of 2006. In a sense, the two laws complement one another. One allows for torture and detention abroad, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America. Remember, the term for putting an area under military law enforcement control is precise; the term is "martial law."

Section 1076 of the massive Authorization Act, which grants the Pentagon another $500-plus-billion for its ill-advised adventures, is entitled, "Use of the Armed Forces in Major Public Emergencies." Section 333, "Major public emergencies; interference with State and Federal law" states that "the President may employ the armed forces, including the National Guard in Federal service, to restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of ("refuse" or "fail" in) maintaining public order, "in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.""

(snip)

"The historic and ominous re-writing of the Insurrection Act, accomplished in the dead of night, which gives Bush the legal authority to declare martial law, is now an accomplished fact. "

(snip)

"It has become clear in recent months that a critical mass of the American people have seen through the lies of the Bush administration; with the president's polls at an historic low, growing resistance to the war Iraq, and the Democrats likely to take back the Congress in mid-term elections, the Bush administration is on the ropes. And so it is particularly worrying that President Bush has seen fit, at this juncture to, in effect, declare himself dictator. "

http://sf.indymedia.org/news/2006/10/1732834.php

********************************

Tony Snow and the rest of the press contacts are blowing smoke. The Administration has no intention of spending the next several years tied up in the courts while pretending to obey the laws and procedures of the land. Perhaps the truest statement was "no compromise, no discussion, no negotiation"... to which could be added "no restraint".

The October Surprise already happened. Both Acts were signed into law. It will just take a while before the full effects are made manifest.

[emptypockets]

part of what's interesting here is that from the limited evidence the Time excerpt presents, we are not looking at a bunker mentality but a fairly aggressive agenda that will be played out on at least two fronts.

One, the 'unitary executive' interests, will aggressively argue that the President does not have to answer to Congress.

Second, the 'running shoes' part of things, my strong prejudice against this administration is that that comes down to oil. So I'm expecting the "to do" lists to be 1. Iran and 2. reducing environmental protection domestically, and possibly 3. more ANWR.

We've had some discussion before about executive orders -- how they work, where that power comes from, and how it can be used if in conflict with Congress (which, if they hold the Senate, it may not even be). I would expect to see executive orders on oil-related issues domestically dovetail with the unitary executive arguments they're going to be making anyway to thwart the subpoenas.

(At the same time, I'm wondering how much talented staff -- whatever they have -- is going to stick around for the last two years of quacking as the 2008 race begins. We may yet see incomptence on a scale we have only imagined.)

[Jodi]

Katie,

that is terrible.

Are you sure it is just a misdemeanor?
I thought it was a felony that stopped you from voting.

[Katie Jensen]

I just did a search and it does seem that it has to be a felony to prevent us from voting. WHEW! I wasn't sure. It's a headache for sure. The insurance company that I had applied to be a provider for, turned me down.

I can't believe you can't just straighten it out with a phone call. This is such a pain.

[Semanticleo]

These hegemonists have already demonstrated that they will 'take nothing off the table' no matter how venal, or antidemocratic..

I have been waiting for them to find some pretesxt for declaring martial law,
(due to national security concerns) and suspending elections (ala Mushareff)
so that this deadhead crew can retain their power, for the good of America,
of course.

[Crab Nebula]

If Bush pursues this strategy, it will be as big a gift in '08 to Democrats as SS "reform", Foley, Abramoff, and Iraq were this cycle.

This will very seriously injure the Republican party. I think this would be (another) historic strategic error, but I bet they do it.

[notjonathon]

Can you spell "martial law?" I thought you could. In his capacity as Commander-in-Chief, the resident will use his his plenary Executive Authority to have two dozen Democratic leaders in the House and Senate detained indefinitely (didn't Lynn Cheney jsut call Wolfie and CNN traitors just the other day?) as enemy combatants (or supporters of the enemy cause). The Maladministration has replaced the top brass in the military and most of the Attorney General's office, not to mention the other Departments, with loyalists. I'm not certain we could count on them to prevent this.

[Mimikatz]

One profitable line of research is things that Congress affirmatively has to pass that Bush can't do without. One obviously is appropriations. The Congress has the power of the purse, and can cut some Bush programs off. Another is taxes. If the Bush tax cuts aren't extended, they expire. I think some expire next year. Ultimatley, Congress has to raise the debt ceiling. Congress has raised it five times since Bush took office, the last time in March, when they raised it to $9 trillion. The debt is now $8.566 trillion, up from $8.2 trillion or so in March. The budget promises to be a mine field for the Congress, and is one of the areas where the more Dems the better.

IIRC Congress has not passed the budget for next year, and that is one of the big things Congress has to do in November, the old Congress, with 30+ retiring GOP members, I hope. That is the dress rehearsal for the fights next year, and bears careful watching.

Ultimately, however, the only thing democratic governments fear is people in the streets, lots of them, too many to shoot. That is our last resort.

[lizard]

I know this sounds completely over-the-top, but it needs serious consideration. REAL oversight, and REAL hearings into the lead-up to the war, and the handling of intelligence since, and real investigation into allegations of torture and drugs-for-interrogation (a silly sounding, but very serious charge) will threaten to put some, or even most, of the very powerful people behind this administration into jail. People will do a LOT to stay out of jail, including a coup. Think it can't happen here? They have already laid the groundwork.

The odd thing is, should that happen, the best hope of the survival of liberty would be a military counter-coup.

Sure, it sounds rediculous, but so did torturing prisoners and indefinite extralegal detentions a mere 6 years ago.

Our country lost it's mind on 9/11, and all our freedoms rest on how soon the majority of us regain our sanity. The unfortunate fact is that our leaders are still f%$#ing cerazy and will do, as history has already amply demonstratede, simply anything. COUP D'ETAT

[Kie]

Exactly,

The cadre that is in the US federal government service that puts legacies of military and intelligence employees on journeys through government service at the expense of Americans and national security as the foreigners use this to be 'friends' with dems and help out America..................not that they get something out of the deal.

It really was lonely at the top, until someone squealed again.

[prostratedragon]

Get in shape.

[John Palcewski]

What was that movie? Seven Days in May? It's now seven days to the election, and there is Tony Snow--the always smiling Tony Snow--talking tough. As if the elections will have absolutely NO impact whatever on the Decider-in-Chief and his puppet masters Dick, Karl, and Rummy. As for the rest of us stupid civilians who don't like what's going on? Well, listen up, assholes. You got your orders, direct from the top dog in the Department of Defense.

Back off. Did you hear me, assholes? BACK OFF.

Now, once again, this stupid civilian heads to the bathroom to puke his guts out.

[irene]

oh, the irony. imagine if this administration had put as much passion and commitment into governing as they intend to put into avoiding accountability. they wouldn't have to worry about anything except taking bows.

[Jodi]

Katie,

you have to watch things in this information age.
Something gets twisted slightly, and everyone seems to
know it.

I have a cousin, a little younger, whom I grew up with,
who went to prison a little while for intent to distribute
cocaine. He stayed a while at my Condo after he got out
and was getting back on his feet. Well, Travelers
Insurance found out about it, and dropped me. "a
convicted felon in the household"

[Kagro X]

Imagine what the NSA would make of that, Jodi. But as you know, "if you've got nothing to hide, you've got nothing to fear."

[jonnybutter]

EP

At the same time, I'm wondering how much talented [WH] staff -- whatever they have -- is going to stick around for the last two years of quacking as the 2008 race begins. We may yet see incomptence on a scale we have only imagined.)

Oh, it's going to be a cake someone left in the rain, no doubt about that. It is already. But they will hold on like gilla monsters. Apropros the last KaygroX post about Pelosi's 'pledge': if impeachment is really off the table, then dems are playing checkers against an opponent who is playing Grudge Match 3000 - guess who wins that? But I don't think it is off the table; it can't be.

Mimikatz:

Congress has raised [the debt ceiling] five times since Bush took office, the last time in March, when they raised it to $9 trillion. The debt is now $8.566 trillion, up from $8.2 trillion or so in March. The budget promises to be a mine field for the Congress, and is one of the areas where the more Dems the better.

So true. However un-resounding next week's results end up being (if at all), the pure rubber stamp congress is over. A tourniquet, at last!

You notice 'administration' officials have a talking point lately about how the budget deficit is lower, assuming most people won't differentiate between debt and deficit - zip, zam, zing. And Iraq is 'off budget', whatever that means. A trillion here, a trillion there...etc

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