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Reviewing David Swanson's Daybreak

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Presidents also have their own private army through the Department of Homeland Security, the vast US intelligence apparatus, and much more. The CIA comprises one part. It functions as a praetorian guard operating freely outside the law and backed by a $50 billion + black budget with greater amounts available if requested.


In theory, presidents must obey the law, but can creatively interpret it to get away with murder unless Congress and the courts stop them. Rarely does it happen and never for George Bush. As for impeaching and convicting presidents for malfeasance, John Adams said it would take a national convulsion to do it, and Article II, Section 4 states it can only be for "treason, bribery, or other high crimes and misdemeanors." Based on the historical record, it's near-impossible to do as no president was ever removed this way and only two were ever impeached, both unjustly. Nixon resigned on his own volition, but might, in fact, have been removed if he hadn't.


Above all others, Bush and Cheney deserved impeachment, but efforts to do it failed because few in Congress had the courage of Dennis Kucinich. As a result, they were unrestrained, even though this isn't what the framers had in mind. Short of a constitutional re-make, other executives will be similarly empowered and as able to take full advantage. George Bush wasn't the first. He won't be the last, and others ahead may be worse as America hurtles recklessly toward tyranny because no constraints are in place to stop it.


Pardoning Power


As explained above, presidents can grant clemency and pardons, except in cases of impeachment. Often the power is abused, and most presidents are guilty, though some far more than others. Cases in point: Ford pardoning Nixon and GHW Bush pardoning six Iran-Contra criminals, including former Secretary of Defense Casper Weinberger, former National Security Advisor Robert McFarlane, and former Assistant Secretary of State for Inter-American Affairs Elliott Abrams. GW Bush commuted I. Lewis (Scooter) Libby's sentence for having obstructed justice by blocking the investigation of a crime.


It remains to be seen if a president can pardon his officials for crimes he authorized and perhaps even himself. Nothing in the Constitution prevents it, so creative lawyers may find a way, and what's in place to stop them.


The Cheney Branch


No vice president matched Cheney's power, his abuse of office, the secret government he ran, the damage he caused, and the weakening of democratic rule of law on his watch. Vice presidents also preside over the Senate, have the final say in case of tie votes, and are first in the presidential line of succession should the executive die, resign, or be removed.


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