I just spent a while discussing the Bush administration's crimes with a GOP loyalist - which is, needless to say, quite an exasperating exercise. Predictably, he refuses to admit that the administration has broken any laws whatsoever, despite the undeniable evidence of numerous violations, including torture in violation of the Geneva Accords and the UN declaration on human rights (both of which the US is party to); illegal warrantless wiretapping contra the fourth amendment and statutory law; the deliberate manipulation of intelligence to start an unprovoked, unjustified war in Iraq (which is a violation of the Nuremberg Principles); the unlawful politicization of the Justice Department; high treason in the politically-motivated outing of CIA agent Valerie Plame; and now, complicity in Israel's genocide of the Palestinians, in violation of the UN Convention on Genocide.
Yet, after grudgingly listening to these undeniable facts, this guy (we'll call him "GOP Jim") was every bit as insistent that Bush and all administration officials are innocent, and that they have furthermore "defended the country" successfully, despite presiding over the worst national security failure in American history on 9/11. Furthermore, GOP Jim stated that such sweeping, unchecked executive powers are necessary to "defend the Constitution." Eh? We have to trash the Constitution in order to save it? That don't make no sense. If we eliminate checks on the executive and relegate defense of our liberties to the goodness of cynical elected officials, how can we expect to maintain them?
Now, I must at least give GOP Jim credit for his consistency; I mean, it takes some serious ideological and partisan rigidity to look someone in the eye, and insist with a straight face that 2 + 2 = 5. Of course, the problem I have with his position is that, quite frankly, it will destroy America. Not the geographic territory of America per se, but rather the American republic and our Government of Laws. If the most blatantly lawless administration in the past 100 years is not held to account, then the slow degeneration of the American Republic into the American Empire will be complete. The die will have been cast. Executive accountability will be gone forever. All future presidents/emperors will be receive the message, in no uncertain terms, that they too can break the law with impunity. Furthermore, the precedent will be established that whatever or whomever the president labels to be a "terrorist" is no longer entitled to any rights whatsoever. Paging Mr. Orwell... Mr. Orwell please...
The creeping expansion of unchecked executive power must stop. A line must be drawn in the sand with Bush. If investigating and prosecuting the current administration causes animosity amongst the conservative wingnuts, then so be it. If these miscreants believe that the Constitution and rule of law must be sacrificed on the altar of immunity for their beloved incompetent W, then they wish the destruction of the government of laws which so many have died for. Their dream of a totalitarian imperial dictatorship is not worthy of consideration for even a single second. The rational majority must realize what these people are hoping and working for. Further, the incoming Obama administration is crazy if they think they can tame or moderate the extreme right-wing ideologues. They absolutely will not be moderated; their ideology is their ultimate truth and ultimate objective, and they will not stop until they either achieve that objective or are crushed as a viable political force.
There is only one choice to be made - investigate and prosecute Bush, Cheney, Rove, et. al. to the fullest extent of the law, or stand idly by as the republic breathes its last. Further entrenchment of civil liberties, civil rights, and checks and balances are necessary, but insufficient - if future presidents don't fear prosecution and conviction, then they will simply disregard any new laws or amendments. This is, I think, the most important task of the new administration. Indeed, the new President's oath of office - to protect and defend the Constitution of the United States against all enemies, foreign and domestic - requires it. As the founders warned, the greatest threat to political liberty comes not from foreign threats, but from within - from an unaccountable, unchecked executive, operating above the law.
Cross-posted at my (semi-)new blog, The Daily Elitist.