opinion

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Unraveling the cloak of secrecy

by Nicholas M. Jackson

News from Friday, November 17, 2006 reported that incoming chairman of the Senate Judiciary Committee, Patrick Leahy, asked the US Department of Justice to produce classified documents related to the detention and interrogation of terrorism suspects held in US custody. Existence of these documents was first publically revealed just days before, but a CIA attorney asserted their contents could not be revealed because disclosure might damage national security or violate attorney-client privilege. It seems the olive branch of bipartisanship President Bush recently offered was withering as he held it out.

Senator Leahy's request is a warning salvo from the US Congress that it will reestablish meaningful oversight over certain sensitive aspects to President George W. Bush's war on terrorism. Considering that conservative columnist George Will speculates the Republicans have presided over "the worst foreign policy disaster in US history" one cannot be surprised to see a shift in power balance reflecting the results of recent mid-term elections. One also should be not be surprised to hear whispers of "traitors" and "treason" coming from some Republican lips. This will occur as Democratic legislators demand further information about the extent and character of US treatment of detainees during the first five years of the Bush administration.

There is no such thing as giving aid and comfort to enemies of the United States when Congress insists on exercising its own foreign policy and war-making powers. Depending upon how one chooses to read Article I, Section 8 of the US Constitution, the Congress has at least eight explicit foreign policy and war-making powers, including the powers to declare war and to define and punish offenses against international law. Despite President Bush's "unitary executive" claim to enhanced war-time powers, he must cooperate with Congress for the next two years as it attempts to salvage the United States from two failed wars and a miserable reputation for international kidnapping and torture.

What it needed now is a congressional investigation of the so-called CIA "black sites" and the scope of the activities that occurred in these secret prisons. As a congressional oversight activity, such an investigation does not require public hearings and can be conducted to preserve sensitive national security interests. Congressional investigators can interview all manner of witnesses, grant immunity from criminal prosecution where appropriate, and take sworn testimony behind closed doors. It may be that enemies of the United States must never learn what is said behind such closed doors. But duly elected members of Congress are policy making insiders who, by constitutional grant, cannot themselves be considered "enemies." They must be able to know some of the closely held secrets the Bush administration failed to provide Congress as President Bush led the United States to disaster. It is part of Congress's job.

Should President Bush decide to "stonewall" Congress in its effort to exercise oversight responsibilities, the US House of Representatives and the US Senate have other powers exclusively granted to them by the constitution. Their impeachment and removal authority can drive home the last nail on a box securing George W. Bush's failed international aspirations. Various leaked Bush administration documents easily demonstrate probable cause for prosecution of a White House conspiracy to violate the federal War Crimes Act. These documents and other evidence demonstrate wrongdoing rising much higher into the realm of high crimes and misdemeanors than the perjury of a previous president concerning sexual activity with a White House aide. With what is now known, it is reasonable to conclude both President Bush and Vice President Cheney are worthy of impeachment and removal from their offices. Whether the United States must undergo another impeachment circus depends on George W. Bush's decisions about cooperation with some upcoming congressional investigations.

 

 

Also in this section:

Silié, The democratic expansion of the Panama Canal
N. Jackson, Unraveling the cloak of secrecy

E. Jackson, Two elections in two countries and their presidential implications

Sirias, A "new" Daniel Ortega?

Sánchez, Washington plays its Honduran card

Emeagwali, Ideas are more important than money in ending poverty
Avnery, A massacre by any ordinary usage

Wallis, An election about moral values

Human Rights Watch, Peru cracks down on NGOs

Ryan, Cuba finds itself with good energy prospects
Committee to Protect Journalists, Cuban journalist put under house arrest

Leis, The totally unacceptable US economic blockade against Cuba

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