CONSERVATIVES OR BROWNSHIRTS?
Paul Craig Roberts:
Last week's annual Conservative Political Action Conference signaled the transformation of American conservatism into brownshirtism. A former Justice Department official named Viet Dinh got a standing ovation when he told the CPAC audience that the rule of law mustn't get in the way of President Bush protecting Americans from Osama bin Laden.
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A woman in the audience told Barr that the Constitution placed Bush above the law and above non-elected federal judges.
These statements gallop beyond the merely partisan. They express the sentiments of brownshirtism. Our leader uber alles.
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There are only two reasons for Bush to refuse to obey the law. One is that he is guilty of illegitimate spying for which no warrant would be issued by the FISA court. The other is that he is using "national security" to create unconstitutional powers for the executive.
Civil libertarian Harvey Silverglate writing in the Boston Phoenix (Feb. 10-16) says that Bush's grab for "sweeping, unchecked power in direct violation of a statute would open a Pandora's box of imperial possibilities." In short, it makes the president a dictator.
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The siren call of "national security" is all the cover Bush needs to have the FISA law repealed, thus legally gaining the power to spy however he chooses, the protection of political opponents be damned. However, Bush and his Federalist Society Justice Department are not interested in having the law repealed. Their purpose has nothing to do with national security. The point on which the regime is insisting is that there are circumstances (undefined) in which the president does not have to obey laws. What those circumstances and laws are is for the regime to decide.
The Bush regime is asserting the Fuhrer Principle, and Americans are buying it, even as Bush declares that America is at war in order to bring democracy to the Middle East.
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