All Power to the President

By Robert Parry
ConsortiumNews
April 2, 2008

Though little discussed on the campaign trail, a crucial issue to be decided in November is whether the United States will return to its traditions as a constitutional Republic respecting “unalienable” human rights or whether it will finish a transformation into a frightened nation governed by an all-powerful President who can do whatever he wants during the open-ended “war on terror.”

That reality was underscored on April 1 with the release of a five-year-old legal opinion from former Justice Department official John Yoo asserting that President George W. Bush possessed nearly unlimited authority as Commander in Chief, including the power to have military interrogators abuse terror suspects.

While most news coverage of Yoo’s March 14, 2003, memo has focused on the legal gymnastics justifying harsh treatment of detainees – including possible use of mind-altering drugs – the centerpiece of Yoo’s argument is that at a time of war the President’s powers are essentially unfettered.

Yoo’s memo fits with views expressed by Bush (“The Decider”) and many of his top legal advisers. Yoo’s opinion also appears to be shared by four conservative Republicans on the U.S. Supreme Court – John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito – just one vote shy of a majority.

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