Taking the Constitution Down – Step by Step

July 20, 2007

– With Bush’s additions to the Supreme Court it now has a solid conservative majority that will likely sign off any nutty theory Cheney/Bush will present to it.

– The Department of Justice is so politicalized that there is no way it will ever act against any crime the current presidency commits.

– For yet unknown reasons Congress has taken impeachment off the table but prominently put nuking Iran on the table.

– An executive order issued this week threatens to take away anything material – house, car and toothbrush – away from:

any person determined .. [by the administration] .. to pose a significant risk of committing, an act or acts of violence that have the purpose or effect of .. threatening the peace or stability of Iraq or the Government of Iraq; or …

– Cheney/Bush assert that any serious oversight steps by Congress are not legal whenever they claim executive privilege:

.. administration officials argued yesterday that Congress has no power to force a U.S. attorney to pursue contempt charges in cases, such as the prosecutor firings, in which the president has declared that testimony or documents are protected from release by executive privilege.

If I’d be blogging from the U.S. or had assets there, I’d be tempted to evaluate myself as "significant risk" and to shut the blog down or at least to avoid any future Iranq threads.

The above items are steps on a ladder up to something (or down to something) which build onto each other. Each of these steps is a bit shocking to those who care to notice them. After each step some Democrat issues some outraged statement and some editorial board is miffed but nothing serious happens. Nobody takes to the streets.

This is quite similar to the process described by Milton Mayer in They Thought They Were Free.

The end of the ladder build before our eyes can not yet be seen.

But while we study and discuss the above and now weight the personal danger of being a "significant risk" the yet unknown next step is already being prepared.

A senior adviser to Bush explained this to Ron Suskind back in 2002:

"while you’re studying that reality — judiciously, as you will — we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors . . . and you, all of you, will be left to just study what we do."

That guy wasn’t joking.

Posted by b on July 20, 2007 at 17:56 UTC | Permalink

Comments

After each step some Democrat issues some outraged statement and some editorial board is miffed but nothing serious happens. Nobody takes to the streets.

after emailing pelosi, conyers, and other representatives last week for the umpteenth time, urging the instigation of impeachment hearings for King George and Lord Bruce, a notion of some more direct action occured to me: citizen’s arrest. i can’t seriously imagine ever getting close enough to either one of these crime bosses to actually slap some hand cuffs on them. but, what impact might notice of an individual’s attempt to make such an arrest have? what if a group of people made such an effort? what if the idea went viral? what if, at most any public appearance that Dick or George make, they are confronted by yet another citizen’s effort to place them — peacefully, non-violently, and absolutely unarmed, save for with the US Constitution and a warrant — under arrest?
“Richard Bruce Cheney and George Walker Bush, you are under arrest for crimes against humanity and numerous felonious violations of the Constitution of the United States of America and established international law.”
certainly, arrest would doubtless result from such an effort — arrest of the concerned citizen. yet, Mohandas was arrested, and liberated a nation. Rosa and Martin were arrested, and liberated a people.
yeah, right. maybe i can enlist the Tooth Fairy and Santa Claus in this effort, too.
wait a second! no, seriously! what if, among others, even “Santa Claus” showed up to arrest George and Dick?
“BREAKING NEWS: Santa Claus attempts to arrest President Bush — delivers warrant at White House!”
Mickey Mouse, even.
sure would love to get SOMETHING started.

Posted by: manonfyre | Jul 20 2007 20:19 utc | 1

I’m afraid the very idea of public protest and mass demonstrations has been delegitamized in the U.S. in the post-Vietnam era. It is thought of more as troublemakers blocking traffic rather than citizens using there absolute right to free speech and assembly to constrain the government’s abuse of power.
It would take an extremely seriousness to arouse public anger again. Quite honestly the deaths of volunteer service members who form a small sliver of the population isn’t going to do it. The deaths of Iraqis most certainly wont do it.
What would stir up the public? You will notice that no one is talking about the return of the draft. Bush and Co know how far they may and may not go.

Posted by: Lysander | Jul 20 2007 21:14 utc | 2

fwiw. I’ll be taking to the streets tomorrow with Cindy Sheehan.

Posted by: beq | Jul 20 2007 22:47 utc | 3

DeFazio denied access plans for after a terror attack

DeFazio asks, but he’s denied access
Classified info – The congressman wanted to see government plans for after a terror attack Friday, July 20, 2007JEFF KOSSEFF The Oregonian Staff
WASHINGTON — Oregonians called Peter DeFazio’s office, worried there was a conspiracy buried in the classified portion of a White House plan for operating the government after a terrorist attack.
As a member of the U.S. House on the Homeland Security Committee, DeFazio, D-Ore., is permitted to enter a secure “bubbleroom” in the Capitol and examine classified material. So he asked the White House to see the secret documents.
On Wednesday, DeFazio got his answer: DENIED.

“I just can’t believe they’re going to deny a member of Congress the right of reviewing how they plan to conduct the government of the United States after a significant terrorist attack,” DeFazio says.
Homeland Security Committee staffers told his office that the White House initially approved his request, but it was later quashed. DeFazio doesn’t know who did it or why.
“We’re talking about the continuity of the government of the United States of America,” DeFazio says. “I would think that would be relevant to any member of Congress, let alone a member of the Homeland Security Committee.”
Bush administration spokesman Trey Bohn declined to say why DeFazio was denied access: “We do not comment through the press on the process that this access entails. It is important to keep in mind that much of the information related to the continuity of government is highly sensitive.”
Norm Ornstein, a legal scholar who studies government continuity at the conservative American Enterprise Institute, said he “cannot think of one good reason” to deny access to a member of Congress who serves on the Homeland Security Committee.
“I find it inexplicable and probably reflective of the usual, knee-jerk overextension of executive power that we see from this White House,” Ornstein said.
This is the first time DeFazio has been denied access to documents. DeFazio has asked Homeland Security Committee Chairman Bennie Thompson, D-Miss., to help him access the documents.
“Maybe the people who think there’s a conspiracy out there are right,” DeFazio said.
Also: A top legal scholar at the conservative American Enterprise Institute says he “cannot think of one good reason” to deny access to classified material for a member of Congress who serves on the Homeland Security Committee.
here.
Gen. Tommy Franks said in an interview with the lifestyle magazine Cigar Aficionado that if another terrorist attack occurs in the United States “the Constitution will likely be discarded in favor of a military form of government” The stunning revelation is the headline story on the right-wing news site NewsMax for Friday. Franks said that another terrorism attack will result in “… the Western world, the free world, loses what it cherishes most, and that is freedom and liberty we’ve seen for a couple of hundred years…” He indicated that if another terrorism attack occurs Bush will likely declare martial law and the Constitution will apparently be “discarded”.

Posted by: Uncle $cam | Jul 21 2007 0:35 utc | 4

@U$ #4:
I can imagine these ‘plans’ to be a briefcase full of property deeds and stock certificates, ala The Survivors.

Posted by: Dr. Wellington Yueh | Jul 21 2007 0:56 utc | 5

@U$: I’m a little confused.
That NewsMax article is dated November 2003.
Are you including it to show that what Franks suggested has been thoroughly set up now, just waiting for that next “pearl harbor event”?
Elections, impeachment, investigations–it’s too late, baby, now it’s too late, though we really did try to make it. Something inside has died, and I can’t take it, I just can’t take it….

Posted by: catlady | Jul 21 2007 1:12 utc | 6

“We interrupt this program with a special bulletin:
America is now under marshal law.
All constitutional rights have been suspended.
Stay in your homes.
Do not attempt to contact love ones, insurance agent or attorney.
Shut up.
Do not attempt to think or depression may occur.
Stay in your homes.
Curfew is at 7 PM sharp after work.
Anyone caught outside of gates of their suveillance sectors after curfew will be shot.
Remain calm, do not panic.
Your neighborhood watch officer will be by to collect urine examples in the morning.
Anyone gaught intefering with the collection of urine examples will be shot.
Stay in your homes, remain calm.
The number one enemy of progress is questions.
National security is more important than individual will.
All sports broadcasts will proceed as normal.
No more than two people may gather anywhere without permission.
Use only the drugs described by your boss or supervisor.
Shut up, be happy.
Obey all orders without question.
The comfort you demanded is now mandatory.
Be happy.”

~Jello Biafra/Ice-T

Posted by: Uncle $cam | Jul 21 2007 3:02 utc | 7

Well, it is clear that a number of them are begging for a dictatorship. Richard Posner for one.

Posted by: Anonymous | Jul 21 2007 5:04 utc | 8

Use only the drugs described by your boss or supervisor.
And that brings to mind an image of Boss Hogg standing behind a podium in front of a large Confederate flag on a wall saying, “Aynd thayat dru-ug, is Vahtamin JAY-zuhs! Amayen!”

Posted by: Loveandlight | Jul 21 2007 5:25 utc | 9

Taking concerns and protests to the streets is mighty important. Quite possibly those demonstrations might initially appear to be pointless, as the leaders do what they want anyway, but if kept up, and continued for weeks, growing stronger in numbers instead of weaker, they are a powerful means in the citizen’s tool box.
In addition, I believe what is needed to fight a political system gone berserk, is to overload its tentacles, the very bureaucracy it uses to implement its oppressive policies. If tomorrow 20 million people would show up at cop shops to incriminate themselves for having smoked pot in the past, and another 20 million for having illegally burned music CDs at home, what are they going to do? Arrest them all?
What if a quarter of the US population opposing the Iraq war, in order to starve the government of funds to finance this madness, would quit their jobs? 40 million unemployed people added in one day. No more revenue from income taxes, instead enormous expenses to pay for unemployment benefits. That is the language politicians understand. Elections don’t scare them, they can be manipulated or bought, but the people finally making a collective stand do give them the shivers.
The question is indeed what it takes to spring the general populous into action. These days it seems unfortunately a lot. It’s almost like goulash communism has found its home in the West. Bread and Games will keep the masses content. Instead of goulash, its mortgages and big screen TV’s.

Posted by: Juan Moment | Jul 21 2007 6:04 utc | 10

Let Go … Let George!
Praise Cheney … and Pass the Bullets!
In Your Heart, You Know Gonzales is Far Right
Are You Better Off Than You Were Fourteen Years Ago?
All Power to the Neo-Zi Soviet!
Ein Volk, ein Reich, ein Führer!

Posted by: Haaro Untermeyer | Jul 21 2007 7:20 utc | 11

At this point, the only thing that can probably save us is a military coup. And yes, people placing their hopes on a military coup is indeed a sign of just how bad things really are right now.

Posted by: Loveandlight | Jul 21 2007 8:21 utc | 12

I finally saw Sicko last night. The abuses by insurance companies, the bought and sold pols, the horrific tales of Americans who die for a shareholder’s profit… these are well-known tropes of Hobbesian Americana.
What was at least if not more compelling were the words of people from other countries, and the experiences of other countries – paraphrased here, but the idea is still contained herein: national health care is a given. just as no one would now try to deny women the vote, no one would think it’s rational to remove health care. London/GB after WWII – this country had experienced nightly 9-11s – the loss of life was far greater – and after the war, they had that same sense of unity that many around the world felt after 9-11 – and they choose to express this idea with national health care – through taking care of one another. In France the govt is afraid of the people. In the U.S. the people are afraid of the govt.
One remark especially was extremely important for the world as it now and most often is – again in paraphrase – the govt. and the owners and shareholders want you to feel trapped and weak. Helpless and discouraged. These are the feelings that allow them to maintain power. These are the feelings that undermine postive change.
I don’t think it’s too realistic to think so many people would quit their jobs. However, it is possible that some sorts of quasi-unions could provide the safety net for people who walk out and strike, or people who quit their jobs because of the harm they bring to others. These unions could quickly come about if those who are wealthy who claim they are liberal would help to create that safety net (beyond the touch of govt.) They would not exist within one company or trade. I suppose it would, in a way, be a govt of the people in an emergent form.
Buddhism not only talks about the importance of right thinking/concentration in one’s inner life. Right work is another big component of the idea of compassion. (or, as lifted from wiki- and the eightfold path)
Wisdom (Sanskrit: prajñā, Pāli: paññā)
1. Right view
2. Right intention
Ethical conduct (Sanskrit: śīla, Pāli: sīla)
3. Right speech
4. Right action
5. Right livelihood
Mental discipline (Sanskrit and Pāli: samādhi)
6. Right effort
7. Right mindfulness
8. Right concentration
The dalai lama is a revered person among many of the detested-by-the-right-wing Hollywood liberal elite. Again, they have the public presence and the financial ability and access to other with the same to create funds that others can also contribute to according to their incomes to create an alternative to slavery to the right wing corporate and government. when people feel they have a measure of protection, they are free to act according to their consciences and for a greater good.
Maybe someone who reads this site is one of those people, or is in contact with them. It seems it is time for major action to counter bush’s dictatorial maneuvers. and, yes, they are all corporately owned, dem or rep, but bush/cheney are the ones who are creating the constitutional crisis.
Again, in the civil rights movement, it was not one person practicing non-violent sit-ins. It was a group of people who came together knowing they would be arrested — then not fighting — because they knew that, as they were taken away, there were other people who would take their seats, others waiting to do this very thing, on site, standing (or sitting) together for a common goal. They didn’t have the internet back then, but they did have a media that actually reported facts. We have a media that doesn’t report facts, but we have the internet, camera phones, video cameras, laptops, ways to spread information through major groups across the country.
Where are the religious leaders, like MLK, who will lead? The vets are there, everytime someone calls for a demonstration against the war. Surely it is possible to call for a strike or a walk out against the current govt. and its corporate owners.
We can take care of each other if we make it our task to do so.

Posted by: fauxreal | Jul 21 2007 15:02 utc | 13

Thank you fauxreal.

Posted by: beq | Jul 21 2007 15:52 utc | 14

Not a bad crowd (for Richmond) for today’s visit from Cindy Sheehan.
No counter-demonstrators. I understand that there were some in Charlottesville yesterday who, after making a lot of noise, settled in and apparently were listening to the speakers.
You know? Even if you think you’re not getting through, it should be a policy for everyone of us here in this benighted country to make a stand in some way ,every day, no matter how small the gesture may be. There is a ground swell now. Ride it. Don’t be afraid to speak your mind. You’ll find that most of the regular people you meet are in agreement.
I listened to a man who had been told about the appearance by a friend. He had a lot to say and I gathered that he was only recently aware. It had never occured to him that the war was about oil. He must have come to his position in spite of the media but he gets it.
/my 2 cents. (Oh. Codepink rocks.)

Posted by: beq | Jul 21 2007 23:05 utc | 15

Posted by: beq | Jul 21 2007 23:06 utc | 16

Sorry.

Posted by: beq | Jul 21 2007 23:07 utc | 17

these days it’s hard to find time to read all the posts here so i will keep this short and simple. call me deluded, pollyanna, whatever you wish, but the only way to turn this around is to take action. at this point i am more comfortable with working inside the system. jerry nadler is my rep and he is in a pivotal position as the chair of the subcommittee on the constitution. on friday i got a call from his scheduler agreeing to set up a meeting to discuss impeachment with his washington director and possibly him. the people who have been willing to travel distances to participate in this meeting has been inspirational. this evening david swanson from afterdowningstreet.com announced that john conyers has said that if there three more cosponsors of h res 333 he will move on impeachment. he will march with cindy and others to his office on monday and will do a sit in until they are arrested or conyers agrees to go ahead articles of impeachment. there is a ground swell happening out there folks. ride the wave, help make the change. sure it’s disconcerting that it has had to come to the subpoena kabuki to convince our elected reps that the situation is this bad, but at least they are finally getting it – and hopefully getting spine at the same time. if my small efforts can make a difference, yours can too. get out there and talk to people. like beq said, you’ll be surprised at the response. people are mad and they are not going to take it anymore!

Posted by: conchita | Jul 22 2007 4:23 utc | 18

Like Juan I am a great fan of overloading the bureaucracy, of using lawyers and the courts, of challenging procedures, etc. etc. These strategies can accomplish much. They can be used by individuals, small determined groups, or masses (denouncing yourself for smoking pot.)
I think it is too late for peaceful protest. A (peaceful) general strike might help. (I see Juan mentions quitting one’s job. One way or another the aim is to bring the country to a semi-stand-still. They still need workers you know. Without GDP they are sunk.) The present situation is not Business-as-usual, protest, political action, dissent, have to cut into the heart of the American fabric go beyond the usual – letters to senators and leisure time devoted to distributing leaflets, supporting candidates, marching, etc. Though it is true that if a critical mass is reached…but it has to be very large. Unfortunately the US public has been neatly sliced up into nuts with issues – Bush haters, anti-abortionists, animal lovers, democrats who want to see republicans fall, 9/11 truthers, anti-immigrationists, end-timers, Zionists, etc. etc.
A small beginning is to adopt a physical identifying sign that proclaims: I am against what is happening now. I am not on the side of the present Gvmt. I protest! NOT: “for impeachment” or “i am a 9/11 truther” or “uphold the constitution.” Something like an arm-band, or a purple spot on the forehead (a home made distinguishing sign.) Badges and pins and so on have become voided because of the ‘issues’. What the visible group then does – maybe nothing – is another question. I wonder, would such a thing be possible in the US? The action itself is nothing, FEMA can’t arrest you for a purple spot, but its implications are tremendous.
Impeachment? Independently of whatever the Democrats do/don’t do, and the reasons for that, discussed recently here, I don’t think the Cabal would let it happen. What they could / would do to stop it I can’t say as I am not familiar enough with US laws, legislation, and the huge layer that has been added; they would take action, direct if need be, in one way or another. Is it fanciful to suppose that the Democrats haven’t pushed for it because they know that? Am I being too pessimistic?
I just looked up ‘Conyers-impeachment’ and I read “if three more members of congress…start impeachment proceedings” from 21 July. It could be that the whole edifice, the whole construction, which I think is quite vulnerable really, could just collapse.

Posted by: Noirette | Jul 22 2007 10:15 utc | 19

I just looked up ‘Conyers-impeachment’ and I read “if three more members of congress…start impeachment proceedings” from 21 July. It could be that the whole edifice, the whole construction, which I think is quite vulnerable really, could just collapse.
yes, noirette, yes. i am in awe of how much has come back to me just by sticking my neck out a bit. there are people collaborating across the country and across groups and in neighborhoods to make change happen. if we have impeachment proceedings it will have emanated from a grassroots action. gives me hope. whether the current crop in office will be enough to make the cataclysmic change we need happen, i don’t know, but it will be a start. i am ready to put my energies behind jerry nadler and john conyers if they will take the legal inititative.
if you are in the u.s., by all means, please take a moment to call your reps and urge them to endorse h res 333.

Posted by: conchita | Jul 22 2007 14:32 utc | 20

He Won.

Posted by: beq | Jul 23 2007 11:20 utc | 21

Coming to this late having been away, I have 2 thoughts to add:
(1) For a symbol, what about a STOP sign? It is universal in every language & country and it would signal “STOP” the madness — inclusive of everything – the raid on our system of government, the war in Iraq, the erosion of our rights, the horrific abuses committed at Gitmo and god knows where else… etc. We could start a campaign – have people put a big STOP sign on their computer desktops, or print out small colored ones and pin them on their lapels or their upper sleeves. If we really got the word out it could spread fast. I’ve also suggested before a moment of silence standing in situ wherever one is. As a message. Or we could try and organize work stoppages that last an hour or two, as a start.Short of quitting one’s job but enough to show that well, we are out here in numbers.
I’m also a fan of live, “in your face,” act out protests on very strategic targets. I dont have any specific ideas right now, but just as a thought. Like cutting off the electricity to some newspaper for a few hours so they could experience what it feels like to live in Iraq. As a message.
I also feel that nothing whatsoever is made of the money angle of this war, and it should be. We need a web site that conveys in crystal clear terms how much money is being POURED into the black hole that is Iraq today and what that could be buying over here. Something to get people angrier. And also show how certain companies are profiting. Such as Halliburton, whose profits DOUBLED recently I believe I read.
(2) Maybe it is just me, but it seems a sign of the times somehow that a thread on the Holocaust gets a whopping 168 comments, while this thread on taking apart the Constitution got a measly 21. Something is amiss there…

Posted by: Bea | Jul 24 2007 13:30 utc | 22

Another idea — something to do with tatoos. Like, put a temporary tattoo in a very visible place on one’s arm with a message — in solidarity with all Iraqis who need to have the “identity” tattoo on them in case they are killed.

Posted by: Bea | Jul 24 2007 13:37 utc | 23

This is important: Members of CASMII (Campaign Against Sanctions and Military Intervention in Iran), a non-governmental, non-profit organization, now feel so intimidated by Bush’s various executive orders that even Board members are now resigning. Here is a typical resignation letter (with names deleted) to demonstrate the climate of fear prevalent in America today:
Dear Board. It is with deep regret and sorrow that I am asking you to temporarily remove my name from CASMII Board. I will definitely return as soon as I can and will make up for inactivity so far. The reason for my request is that I am concerned about the financial future and well being of my wife XXXXXXX and our young xxxxxx and xxxxxxx. The reason for my concern is George Bush’s new executive order on “Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq”.
You know, like you I love Iran, and attack on Iran has been on my mind every single day if not hour, during past several years and will continue to be. My name not being on CASMII board would not affect the great efforts by CASMII but will give peace of mind to my wife who has retinal problems and we are concerned about detachment. FYI I am meeting an attorney in the morning to transfer everything (not that we own much) to my family. Thank you for your understanding and support.

Posted by: Parviz | Jul 25 2007 10:08 utc | 24

I just received this from an American friend:
This Friday at the north side of Union Square before Critical Mass (at 6:30pm) there will be a first amendment throwdown, protesting:
— the ridiculous police-written parade permit rule, which prohibits
groups of more than 49 people doing anything (biking, walking,
scootering, but not driving a car!) in NYC without a permit;
— the new rule requiring groups of more than 2 people with a video or still camera operating in NYC to get a million dollars in liability insurance (more details, more articulately, in the attached letter);
— the freakin’ DANCE BAN;
— the NYPD illegally surveilling protest groups;
— the general treading-upon the first amendment has been getting in New York City recently.
Won’t you join us?
http://snipurl.com/nyprotest

Posted by: Parviz | Jul 25 2007 11:02 utc | 25

Shut up, be happy.
Obey all orders without question.
The comfort you demanded is now mandatory.
Be happy.”
“The comfort you demanded is now mandatory.” That’s an amazing, terrifying thought. Nice one, Jello.
A little thought has been banging around the edges of my mind, lo these last few years; lately, it’s becoming more insistent: will BushCo leave when it’s time to leave? Will Dick Cheney simply shrug his shoulders, think “Well, we tried”, and then pack up his desk? Is this where we’re heading with all of this nibbling away at the Constitution: there will be no handover of power on 1/20/2009?
And of course, who’s to stop them? BushCo is clearly a criminal enterprise: of this there is no doubt. But this week saw the sad spectacle of John Conyers caving it on impeachment. John Conyers! Is there anyone left (with any real credibility/muscle) that will do what’s right?

Posted by: montysano | Jul 25 2007 19:21 utc | 26

From the WSJ blog Eashington Wire

It’s conventional wisdom in Washington that despite all the huffing and puffing, the fight between the White House and Congress over executive privilege will get resolved, relatively quietly, with some 11th hour settlement that gives lawmakers what they want while preserving the executive’s theoretical claim.
…
Don’t assume there’s going to be a settlement this time, though. Some smart people see this fight going to court — possibly all the way to the Supreme Court. White House officials “seem to want to get a judicial decision,” one expert in executive-privilege law told me recently.
…

That’s what Cheney ordered and the court is “fixed” …

Posted by: b | Jul 25 2007 19:57 utc | 27

fwiw and for lack of a gonzales thread, I’ll park this on the Constitution thread.

Posted by: beq | Jul 31 2007 14:02 utc | 28

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