Friday, January 16, 2009

Krugman and the Justice or Peace Dilemma

I think Krugman get's this pretty much exactly right. He writes:
In fact, we’ve already seen this movie. During the Reagan years, the Iran-contra conspirators violated the Constitution in the name of national security. But the first President Bush pardoned the major malefactors, and when the White House finally changed hands the political and media establishment gave Bill Clinton the same advice it’s giving Mr. Obama: let sleeping scandals lie. Sure enough, the second Bush administration picked up right where the Iran-contra conspirators left off — which isn’t too surprising when you bear in mind that Mr. Bush actually hired some of those conspirators.
Let me indulge in pointing out that I've made exactly this point (many times) in the past: Dems face the justice or peace? question here. There are important reasons to forgive and forget in order to achieve peace and unity...but there are important reasons, as always, to look for the truth and seek justice. Jim Wright faced a similar dilemma during the Reagan administration: impeach a president who had clearly committed impeachable crimes, or let it go? Wright chose the latter course on the grounds that American couldn't take another blow like that so soon after Nixon. Whatever that merits of the decision given the information available to Wright at the time, in retrospect I believe it would have been better for him to choose impeachment (again, as I've argued before). By letting Reagan's crimes go unpunished, I believe we enabled and emboldened Bush '43. Wright's decision sent the message that the president can--not quite literally, but not quite not--get away with murder.

Note that, while the Democrats since Wright have declined to pursue impeachment even for the gravest crimes, Republicans have elected to relentlessly pursue impeachment of Democrats for any reason...or, basically, none at all. The Democratic message to Republicans has been something like: no matter what you do, we won't impeach you; the Republican message to Democrats has been: no matter what you do, we
will. There's already a nascent "impeach Obama" movement. One consequence of this is that we seem forced to conclude that the Democrats' irenic approach doesn't work. Though the fact that the Democrats in general and Obama in particular seek unity and reconcilliation is admirable, the peace over justice approach hasn't worked thus far. (In my opinion, it's usually a fruitless and morally reprehensible approach anyway.)

My hunch--though there's no doubt that many folks understand all this better than I do--is that we must at least pursue the truth even if we do not pursue justice. An independent commission must be charged with producing the most accurate possible account of Bush's apparent misdeeds and crimes. If such a commission can show that we are wrong and that the administration's actions are all defensible, no one will be happier (nor more baffled and chagrined) than me. But we cannot simply turn a blind eye to what, on the face of it, are very serious violations of American law and--more importantly--principles.
And once the truth comes out, it will be clearer what justice demands of us here.

1 Comments:

Anonymous Anonymous said...

The unitary executive types did, sadly, learn from the close call of Iran-Contra, and added two new tactics: First, they developed the perfect circle legal argument in which the President cannot be activing illegally if he has a legal opinion that states what he is doing is illegal, and his legal advisors cannot be acting illegally if offering an opinion at the behest of the President. As fatuous as that is, it works pretty well as long as the their man is in office. As for after, this administration has shown a pattern of using slecective release of information and dire warning get anyone in position of oversight to pass off on what they are doing, just a bit. Once they have that bit of leeway, they can then go as far as they like and any attempt to stop them will look arbitrary and "political". It's pretty clear this is how they managed to completely imasculate the select intelligence committee: Go to them with some tale of mushroom clouds and demand to say, tap US lines without a warrant. Once the blind eye is turned in the supposedly dire case, there is no way to put the brakes even when it is clear the emergency is past, since the committee has conceded the principle that the President can diregard that section of law and whether the situation still warrants it is just a matter of policy judgment. Moreover, as a political matter, everyone who fell for the line behind closed doors is implicated in whatever they allowed the administration to do, however terrifying the story they were told and however little they were told of they were accepting. I think this strategy explains a great deal of the Congress' reluctance to consider prosectutions even now that the administration is out of power. The public cannot be told whatever the scary story was, since it's classified, and absent that what explains allowing warrantless taps at on point and not another besides the political situation. Caving just a little ends up gving away the oversight power altogether. Bush's people knew this, and clearly crafted their relations with the security oversight part of Congress with that goal in mind.

Note that this even works somewhat on the press: Once the NY Times got talked into holding onto the wire tap story for a year, when it was released, the decision to release was painted as scandal mongering. Either the public had a right to know about the program or they didn't. If they did, it shouldn't have ever been held, if they didn't, then it never should have been released.

The best reform I can think of to restore oversight in the national security arena is for the committees with access to classified information to be able to vote for declassification without presidential consent. Oversight only works with publicity or the threat of publicity, at the time the information is uncovered. Public opinion is the deciding factor when the Congress and the President are at odds, and the President's unchecked power over (enforced) secrecy gives him the upper hand in every case where national security is involved.

Now, I think it is going to be quite difficult for either Congress or a Truth Commission to hold administration officials acountable, since the past failure of the very same mechanism to hold them accountable argues against them doing so now.

Yeah, sorry for the long comment.

12:47 AM  

Post a Comment

Subscribe to Post Comments [Atom]

<< Home