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Tomgram: A Cult of Presidential Power

The Unrestrained President
By Tom Engelhardt

As 2006 begins, we seem to be at a not-completely-unfamiliar crossroads in the long history of the American imperial presidency. It grew up, shedding presidential constraints, in the post-World War II years as part of the rise of the national security state and the military-industrial complex. It reached its constraint-less apogee with Richard Nixon's presidency and what became known as the Watergate scandal -- an event marked by Nixon's attempt to create his own private national security apparatus which he directed to secretly commit various high crimes and misdemeanors for him. It was as close as we came -- until now -- to a presidential coup d'etat that might functionally have abrogated the Constitution. In those years, the potential dangers of an unfettered presidency (so apparent to the nation's founding fathers) became obvious to a great many Americans. As now, a failed war helped drag the President's plans down and, in the case of Nixon, ended in personal disgrace and resignation, as well as in a brief resurgence of congressional oversight activity. All this mitigated, and modestly deflected, the growth trajectory of the imperial presidency -- for a time.

The "cabal," as Lawrence Wilkerson, Colin Powell's chief of staff at the State Department, has called Dick Cheney, Donald Rumsfeld, and various of their neoconish pals, stewed over this for years, along with a group of lawyers who were prepared, once the moment came, to give a sheen of legality to any presidential act. The group of them used the post-9/11 moment to launch a wholesale campaign to recapture the "lost" powers of the imperial presidency, attempting not, as in the case of Nixon, to create an alternate national security apparatus but to purge and capture the existing one for their private purposes. Under George Bush, Dick Cheney, and their assorted advisers, acolytes, and zealots, a virtual cult of unconstrained presidential power has been constructed, centered around the figure of Bush himself. While much has been made of feverish Christian fundamentalist support for the President, the real religious fervor in this administration has been almost singularly focused on the quite un-Christian attribute of total earthly power. Typical of the fierce ideologues and cultists now in the White House is Cheney's new Chief of Staff David Addington. The Washington Post's Dana Milbank described him this way back in 2004 (when he was still Cheney's "top lawyer"):


"[A] principal author of the White House memo justifying torture of terrorism suspects... a prime advocate of arguments supporting the holding of terrorism suspects without access to courts[,] Addington also led the fight with Congress and environmentalists over access to information about corporations that advised the White House on energy policy. He was instrumental in the series of fights with the Sept. 11 commission and its requests for information... Even in a White House known for its dedication to conservative philosophy, Addington is known as an ideologue, an adherent of an obscure philosophy called the unitary executive theory that favors an extraordinarily powerful president."

For these cultists of an all-powerful presidency, the holy war, the "crusade" to be embarked upon was, above all, aimed at creating a President accountable to no one, overseen by no one, and restricted by no other force or power in his will to act as he saw fit. And so, in this White House, all roads have led back to one issue: How to press ever harder at the weakening boundaries of presidential power. This is why, when critics concentrate on any specific issue or set of administration acts, no matter how egregious or significant, they invariably miss the point. The issue, it turns out, is never primarily -- to take just two areas of potentially illegal administration activity -- torture or warrantless surveillance. Though each of them had value and importance to top administration officials, they were nonetheless primarily the means to an end.

This is why the announcement of (and definition of) the "global war on terror" almost immediately after the 9/11 attacks was so important. It was to be a "war" without end. No one ever attempted to define what "victory" might actually consist of, though we were assured that the war itself would, like the Cold War, last generations. Even the recent sudden presidential announcement that we will now settle only for "complete victory" in Iraq is, in this context, a distinctly limited goal because Iraq has already been defined as but a single "theater" (though a "central" one) in a larger war on terror. A war without end, of course, left the President as a commander-in-chief-without-end and it was in such a guise that the acolytes of that "obscure philosophy" of total presidential power planned to claim their "inherent" constitutional right to do essentially anything. (Imagine what might have happened if their invasion of Iraq had been a success!)

Having established their global war on terror, and so their "war powers," in the fall of 2001, top administration officials then moved remarkably quickly to the outer limits of power -- by plunging into the issue of torture. After all, if you can establish a presidential right to order torture (no matter how you manage to redefine it) as well as to hold captives under a category of warfare dredged up from the legal dustbin of history in prisons especially established to be beyond the reach of the law or the oversight of anyone but those under your command, you've established a presidential right to do just about anything imaginable. While the get-tough aura of torture may indeed have appealed to some of these worshippers of power, what undoubtedly appealed to them most was the moving of the presidential goalposts, the changing of the rules. From Abu Ghraib on, the results of all this have been obvious enough, but one crucial aspect of such unfettered presidential power goes regularly unmentioned.

Click here to read more of this dispatch. (With full links)

posted by Annamarie at 5:06 PM