When Does Executive Privilege Become Executive Abuse?

When Does Executive Privilege Become Executive Abuse? June 23

Filed under Cheney, Politics, Bush by Omnipotent Poobah | 0 comments

Executive privilege is arguably a proper and useful way to protect sensitive government information. However, the definition for what qualifies has expanded to the point of ridiculousness. The Bush administration considers everything from the White House cheese log budget to retired presidential toilet swabbers as sacrosanct.

To be fair, “The Privileger”^TM isn’t the only honcho to declare something out of bounds. Every president since Nixon has waved the executive cover-your-ass wand. Many of the claims were plausibly valid and for the most part without quibble. But the presidents since the Trickster have also made some pretty specious claims. The reason many of these invocations don’t pass a smell test is the inconsistency of their logic and the specific cases to which they’ve been applied.

Perhaps the most long-standing case from the current administration is the controversy over The Big Dick’s energy task force (now, oddly forgotten during this time of energy crisis). The WH reasoned the Chief Executive’s need for objective, free-flowing advice trumps the public’s need to know who’s influencing the nation’s policies. There’s some merit to that idea, but I don’t think an executive fiat that embargoes even the names of the people attending a meeting is needed to achieve it.

‘Dick, I Have a Swell Idea…’
Most observers can guess that energy industry executives were heavily, perhaps exclusively, represented. I’ve no problem with that - they’re entitled to their say, but so are other voices. The point is, it’s important to know just how much the task force influenced policy. Did they simply say, “Dick, I have a swell idea…” or, “Dick, please enter the following text into Chapter 1, Section 2, Paragraph a)…”? One is advice, one is ghost-writing policy and that’s a non-no.

The Big Dick may not have done anything illegal, nor even officially scandalous, but it created an environment where the public no longer trusts this administration any farther than they can throw an Iraqi “noo-cu-lar” warhead. One can reliably guess that if the task force was balanced and full of good, honest advice, the information would’ve not only been available, the WH press office would’ve forced it into the hands of every media outlet short of The Hockey News - executive privilege be damned.

It’s also odd that members of the Executive, including the Executive himself, sometimes deign to reveal information, but only on terms that are - politely said - unnecessarily restrictive. Information deserving of an invocation should be rare and so sensitive that it shouldn’t be revealed at all. Period. No question. Yet, the current administration will - if embarrassed long enough and publicly enough - lift the veil just a little so long as they aren’t sworn in. Or, as long as there’s no record of questions asked nor answers given. Or, as long as no one takes notes, leaves the room for a pee break, asks questions the “protected” doesn’t want to answer, and is willing to submit themselves to the Men in Black memory eraser.

Let the Redactions Begin
On the positive side, they will sometimes turn over records, but only if they’re redacted to the point where a 700 lb. bundle of papers boils down to a bit of crumpled envelope bearing the inscription, “Pick up milk on the way home from Congressional testimony.” That is if they can even “find” the records in the electronic labyrinth known as the WH email system.

Then, there’s the whole scandal-suppression angle. Doesn’t it seem strange that administrations, including others beside the current one, seem to be most intensely protective of their turf when there’s an embarrassing question afoot? When does a claim of executive privilege stop being a legitimate protection and start being a cover up?

“Did Karl Rove out Valerie Plame?”

“Not gonna tell ya.”

“Why not?”

“Cause I’m privileged, dang ya! I don’t hafta.”

And there’s the crux of it. Questionable declarations of being outside the law for apparently no more reason that they can, weakens not only “The Privileger”^TM, but every president - including himself - that may have a legitimate need in the future.

My wise old Dad always said, “Laws only keep honest people honest.”

Now what does that say about presidents who manipulate one privilege in order to avoid accountability under the law?

The Poobah is a featured contributor at Bring It On!