Up with Gore: With Liberty and Justice for All
The perfect follow-on to Michael Kinsley's ruminations about how we can't move Americans with abstractions is Al Gore's fabulous Martin Luther King Day speech yesterday "On the Limits of Executive Power." Frankly, if this kind of appeal cannot mobilize the American people, I am not sure anything will. Gore gave a similarly stirring and powerful speech after Abu Ghraib first broke, calling on the President to give us back our country. Surely these issues of claimed unassailable executive power go to the very heart of what it means to be a democracy, regardless of which side of the political divide you are on. With a rallying cry of liberty and justice (read, a living wage) for all, the Democrats just might live up to their name and speak for a genuine democracy as our founders imagined it and our people have created it.
On other matters, apologies to Matt Yglesias for spelling his name wrong, and check out an excellent comment on the actual facts about the Office of the Coordinator for Reconstruction and Stabilization.


So where in hell are the rest of the Democrats. Why hasnt anyone who is actually in office made a speech like this? Why arent they doing it every day? What is the MATTER with them? I keep waiting for them to wake up and realize what a crucially important moment it is when the President has said he can break laws any time he wants and isnt planning to stop.
Are they waiting to see if this scandal has legs and then pile on? WAKE UP you dumb pols, the only way it will get legs is if you lead the way.
P.S. It is very very good politics too. Make a speech as forthright and on the money as Al Gore and you will win reelection in a walk.
January 17, 2006 9:30 AM | Reply | Permalink
I haven't seen the speech (we tend not to get that kind of thing on the opposite bank of the pond) but given the disaster that was Gore's last Presidential campaign, I have to say I'm surprised that this one speech has turned so many heads.
Are people really excited about Gore the candidate? Why? Frankly I think he's SUCH a play-it-safe politician that he wouldn't have considered making this speech if he was running for the President of the PTA, let alone the USA. As a candidate, he did exactly the same thing as Kerry -- tried to be all things to all people, and failed at everything.
Let him stay where he is now -- as a vocal standard bearer for our ideas, but not as an active politician. He does us a lot more good right where he is.
January 17, 2006 9:51 AM | Reply | Permalink
"It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities."
Executive Order 12333, signed by Ronald Reagan in 1981, provides for such warrantless searches directed against "a foreign power or an agent of a foreign power"...
The Clinton/Gore administration thought warrantless searches were a good idea. Perhaps Gore should have given this speech in 1994 chastizing his own Deputy AG.
January 17, 2006 10:05 AM | Reply | Permalink
I've only read the speech, not seen it, but my impression is that he delivered it before an audience of civil liberties groups who would, of course, applaud. But has it been given a lot of play in MSM? On TV?
The problem is that the American people are not likely to be moved by "limits on executive power." Those who are not on our side on this will see it as liberals trying to limit Bush. The rest of us are already well-informed and convinced.
However eloquent Gore was, isn't action what's needed?
January 17, 2006 10:09 AM | Reply | Permalink
This relates to warrantless physical searches against foreign agents. Not warrantless electronic searches against American citizens.
It was a trolling point the first time you posted it, Campesino. Pretty bullshit of you to try it a second time.
January 17, 2006 10:09 AM | Reply | Permalink
El Campesino
You are mistaken. Clinton authorized warrantless searches OF FOREIGNERS. NOT our own citizens. You may think that is a bad idea but it is entirely within the law. Indeed, the Clinton administration adhered to the FISA law every step of the way. The problem with what Bush has done isnt so much that he has done warrantless searches (though that is bad enough all by itself) No, it is that he has asserted that he is above the law, and can ignore it whenever he likes. That is a threat to our democracy. The President cant break the law whenever he feels like it. Clinton didnt and Bush should be impeached for it.
January 17, 2006 10:11 AM | Reply | Permalink
Yo Campesino, the inherent authority being claimed in the doc you are posting is one that exists by default on constitutional grounds if not countered by Congressional legislation. You are lying if you are asserting that this statement supports Bush's lawless disregard of the FISA court.
January 17, 2006 10:34 AM | Reply | Permalink
Are people really excited about Gore the candidate? Why?
Yes, they are. Why? Because for the past few years, he hasn't been speaking like a candidate. And so few other Democratic leaders have been speaking truth to the rotten heart of this Administration with the urgency felt in the hearts of so many of us.
The fact that Gore doesn't care about winning an election seems to have produced in him the very qualities it takes to win an election.
I just hope he doesn't start freestylin' next.
January 17, 2006 10:39 AM | Reply | Permalink
That's what I'm saying, though -- the minute he's a candidate again, he won't talk like this anymore. He's a lot better for the party when he's NOT a candidate. Far better to have him somewhere prominent in the party and talking like he is now than to have him as a candidate talking mushy crap.
January 17, 2006 10:44 AM | Reply | Permalink
To be fair, back when he was still considering whether to run in 2004, Gore hinted that were he to run again he would indeed be talking like this:
Gore said that [2000] campaign had "too much strategy, too many consultants giving too much advice," said Chris Korge, a party fund-raiser from Miami.
"If he were to do this again ... he would not be so guarded. He would let it rip and let the chips fall where they may," Korge quoted Gore as saying.
January 17, 2006 10:51 AM | Reply | Permalink
Aldrich Ames was an American citizen
January 17, 2006 10:53 AM | Reply | Permalink
I loved the speach. I want him to give it again....and again...and again... Someone or some organization needs to set up a speaking tour for him. Let him cross the country, visit every state, and speak with the voice that no elected democrat can seem to find. We need to speak the truth over and over again. In every state house, in every community center and in every union hall.
This is the most critical issue we face as Americans. It rises above Alito, Abramoff and Plamegate. It can rock the country like Katrina, but only if the case is heard. Who better to deliver it than Al Gore and Bob Barr.
Would somone please pay their expenses and start booking their speaking engagements now, please?
Let Freedom Ring! And let it be rung by Gore and Barr!
January 17, 2006 11:01 AM | Reply | Permalink
the Clinton administration never violated FISA and never claimed they could violate FISA. Here’s why:
January 17, 2006 11:04 AM | Reply | Permalink
"It is important to understand," Gorelick continued, "that the rules and methodology for criminal searches are inconsistent with the collection of foreign intelligence and would unduly frustrate the president in carrying out his foreign intelligence responsibilities."
Executive Order 12333, signed by Ronald Reagan in 1981, provides for such warrantless searches directed against "a foreign power or an agent of a foreign power"...
So why didn't Al Gore give this speech in 1994 when his Deputy AG testified that warrants weren't required.
And why was my earlier comment on this subject deleted? I had heard other commenters here talk about having their comments deleted but this is the first time it has happened to me. Twice in one day. Look at sck5's reply #6 to my "invisible" post if you don't believe me. I could maybe understand if I had used foul language or been abusive to another commenter but I didn't do either. I had thought better of this site.
January 17, 2006 11:04 AM | Reply | Permalink
It has everything to do with it if Gore thought it was fine then and illegal now.
January 17, 2006 11:15 AM | Reply | Permalink
Eloquence and honesty and complexity, and with them democracy, are all boring to TV and MSM. Conveniently enough for them that also all but assures the outcome of elections: the glib and/or evil, those prepared to lie and slander in sound bites, are bound to win almost every time.
January 17, 2006 11:16 AM | Reply | Permalink
Going into the 2000 election, Gore had been a key member of a very popular administration, was riding high on a good economy, was sitting on top of a healthy budget surplus, and still managed to blow it by treating his former running mate, to whom he owed all this success, as a pariah because he got caught with his pants down. He chose the sanctimonious Joe Lieberman to run with him on the "We're Not Clinton" ticket. He lost his home state, fer cryin' out loud. Even Mondale managed to win Minnesota.
Gore has the smell of "loser" all over him. Let him talk all he wants, it's meaningless in terms of moving the political debate.
January 17, 2006 11:21 AM | Reply | Permalink
My earlier reply was deleted too, which was that the Clinton administration did not assert a power greater than Congressional law, just a power in absence of Congressional law. Bush's lawless disregard of FISA is quite different, which makes yours an apples-oranges comparison, the typical sort of empty hypocrisy argument that passes for right wing though and analysis of issues these days.
January 17, 2006 11:22 AM | Reply | Permalink
I think you (thirdparty) have put it well. Gore, seemingly not worrying about elections has shown leadership that is lacking from the passionless, "established" blowhards of the Democratic Party. No other Democratic official (Dean included) has spoken directly of the danger to this country posed by the Bush cabal and their mindless supporters.
January 17, 2006 11:24 AM | Reply | Permalink
I guess when you don't have an argument just make an ad hominem from the omniscient third person perspective and call it a day.
January 17, 2006 11:26 AM | Reply | Permalink
They are not debating, they are baiting. And if we continue to argue we give them moral equilance then we fall into their trap. Aldrich Ames has nothing to do with the question of what THIS president has done. It is not about what any other president has done. That is behind us.
It is all about distracting the discussion away from the crimes Bush has committed. It gives talking points to pundits and encourages "he said-he said" debate, instead of focuing on the point that the President has broken the law.
One has nothing to do with the other. It is time to talk about our freedom being thrown out in this Consititutional power grab. So stop arguing about nothing and start focusing on the real issue, an attack on our rights.
January 17, 2006 11:28 AM | Reply | Permalink
This is the second time you've brought up Aldrich Ames. Why?
January 17, 2006 11:29 AM | Reply | Permalink
If you have not heard the speech, listen to it. It's impact and delivery are far more powerful than just reading the words. c-span has a video link on their site.
We are suffering from a leadership vacuum. Whatever you thought of Gore in the past, whatever he did in the past is not relevant today. If you look back in history many of our greatest leaders were not perfect people. They made mistakes. What made them stand out was their ability to learn and grow. To seize the moment in history that they were needed the most. To have the courage to stand up and speak out. And to take action and LEAD other people.
We all learn and grow. The man I watched speak yesterday was a powerful statesman genuinely concerned about his country. Yes, the audience were supporters of his ideas. But I stood up and clapped alone in my living room. In reading other posts and sites around the net I was not alone in doing so.
His words rang with truth. Our republican democracy is in serious crisis. I have no doubt that unless we stop this bickering and nitpicking about details and who did what where when ten twenty and thirty years ago, the Constitution and Bill of Rights will no longer be functional documents.
Wake up today and say what can I do? How can I start?
Al Gore's speech was the best I have heard in many years, perhaps in my lifetime. As a writer and historian I have listened to quite a few.
If you can listen to his speech and not be moved--I fear for you.And if you haven't listened to it or read it--why are you commenting here?
January 17, 2006 12:05 PM | Reply | Permalink
You still haven't given a direct answer to the relevance of Ames to the present situation. I will guess that you are referring to surveillance done on Ames, without knowing if there was a court order.
In the intelligence community, one's employment agreement, or, even more likely, the specific "indoctrinations" signed for access to Sensitive Compartmented Information programs, the individual may agree, in advance, to surveillance by the relevant intelligence agency's security personnel.
For years, there was a bold warning in the front of the Defense Department phone book that any call on an official phone could be monitored for possible security violations; this is the general rule for organizations working with classified material.
Such waivers are given with informed consent; it is abundantly clear before employment that there will be assorted security surveillance beyond that allowable for the average citizen.
January 17, 2006 12:06 PM | Reply | Permalink
Gore is saying things now that he wouldn't say during the campaign because he knew (and knows now) that nobody will get elected saying this stuff.
Gore knows nobody will get elected saying this stuff because he knows he supported warrantless searches (whether electronic or physical) for intelligence purposes, as have all previous administrations.
Gore is saying this stuff now because he knows there is a large number of hard-core Democrats now who couldn't care less about the law - they just want to hate George Bush and any other Republican.
But, I do agree with one idea here. I think Gore should run again, and he should say these things during the campaign. It about time the Democrats ran somebody who admitted being left of the mainstream. Heck, I'll bet Gore would win twice as many states as Mondale carried in '84. Go for it! Please!
January 17, 2006 12:07 PM | Reply | Permalink
Your comment wasn't deleted. It was temporarily downrated by a trusted user who apparently adjudged it a trolling comment.
In the best democratic traditions, other trusted users who were apparently able to discern some value to your comment later decided it was not a trolling post and uprated it thus ascending it into the light of visibility.
As you can see there is obviously been some debate as to whether posting the latest - widely distribured, easily debunked, and wilfully misleading - right-wing talking points constitutes a legitimate use of the forum.
In seems the majority view is that it is indeed such a worthwhile use - you have much cause for celebration!
(For the record, I did not rate the post in question)
January 17, 2006 12:08 PM | Reply | Permalink
Aldrich Ames was an American citizen
January 17, 2006 12:13 PM | Reply | Permalink
How do you feel about having comments deleted?
January 17, 2006 12:17 PM | Reply | Permalink
Thanks for your psychic appraisal of Gore's thoughts. The Clinton administration abided by legal limits on executive power. The Bush administration disregarded limits on executive power. To equate those two is to elide all the distinctions that matter in this debate. It's actually those who care about the law who care about this action by Bush today.
The only way your argument here sticks is if you can come up with a Gore quote where he states that Congress does not have the authority to restrict warrantless searches by the executive. There is no such quote.
Without the money quote, yours is an empty hypocrisy argument based on an apples-oranges comparison. You see a lot of these attacks out of the logically-impaired right these days. Maybe extract your scaly form from the barrel it's in before deriding target rich environments.
January 17, 2006 12:21 PM | Reply | Permalink
While I am willing to believe in this case you are genuinely confused, this is very probably an wholly incorrect summation of the facts.
See my comment (#26) for a much more likely explanation of what occurred.
It is a mistake to think that the site administrators who actually have the power to delete a comment do so with any frequency - the idea that they would have done so and then reinstated it because you complained is wildly off base. They rely on the more democratic principle of ratings to help keep trolling comments at bay. Thus, someone rated your comment badly - hence it's temporary disappearance - and then others gave it better ratings - hence it reappeared.
January 17, 2006 12:38 PM | Reply | Permalink
"Look for example at the Congressional role in "overseeing" this massive four year eavesdropping campaign that on its face seemed so clearly to violate the Bill of Rights."
Jamie Gorelick, 1994
"The Department of Justice has consistently taken the position that the Fourth Amendment requires all searches to be reasonable, including those conducted for foreign intelligence purposes in the United States or against U.S. persons abroad. For the reasons I just mentioned, however, we believe that the warrant clause of the Fourth Amendment is inapplicable to such searches. We are satisfied, therefore, that Attorney General approval of foreign intelligence searches pursuant to the President’s delegation of authority in Executive order 12333 meets the requirements of the Constitution."
January 17, 2006 12:43 PM | Reply | Permalink
Do you think the warrantless searches violate the 4th amendment?
January 17, 2006 12:51 PM | Reply | Permalink
Right, you're making an empty hypocrisy argument here. As if Gorelick's arguments in a legal finding were somehow binding on the later words and actions of Al Gore. It's this kind of six degrees of Kevin Bacon hypocrisy argument that riddles the thinking of right wingers like trichonosis riddles diseased pork.
January 17, 2006 12:57 PM | Reply | Permalink
Thank you, BrianOC for explaining that. It was disconcerting as it had not happened before.
January 17, 2006 12:57 PM | Reply | Permalink
Non-sequitur. The issue is that Bush set aside restrictions on warrantless searches at his discretion.
January 17, 2006 1:00 PM | Reply | Permalink
My points are substantive, you just don't like them. As for ad hominem attacks, what do you call what you just said? Why don't you try to prove me wrong instead?
January 17, 2006 1:01 PM | Reply | Permalink
The Alito confirmation, though, provides an excellent opportunity for a public debate of these issues. The concerns have everything to do with the idea of a unitary executive branch which Alito supports, and which has been a major cause of Bush, Cheney, & Co.
The idea of a unitary executive is also counter to the Framer's intent. The U.S. began with the divided executive where the president was the top vote getter and the vice-president was the runner-up. This was changed after the early administrations, but apparently this is something that Alito, et al, have forgotten.
January 17, 2006 1:08 PM | Reply | Permalink
It's only an "empty" argument if you want to ignore it, which obviously would be convenient for you. Gorelick's arguments supported an administration's position that Gore was a part of - positions he now says violate the 4th amendment.
January 17, 2006 1:08 PM | Reply | Permalink
At least one post asked a fair question, why other Democrats aren't talking like this. And indeed all too often they are not. So I'll at least take heart in what a nice day or two it's been.
Monday we had both Gore's speech and Bob Herbert's reminder that the press got it wrong on blaming the Democrats, especially Biden, for talking too much to Alito. That's what they should be doing, and the problem was Alito's refusal to talk. Then there's Reid quoted over in TPM on the GOP on cleaning up K Street as like John Gotti cleaning up the Mob.
Last, while I'm not a fan of Senator Clinton, she managed to get press that the others did not, for her "plantation" remarks on MLK Day that managed to combine reference to the ruling party's racial politics and its anti-democratic governance. I'll give her credit: she found the only way to get any attention at all from the media, which was to create enough of an embarrassment that the GOP would reply, and GOP comments always get coverage.
January 17, 2006 1:21 PM | Reply | Permalink
I know. Just answer the question
January 17, 2006 1:40 PM | Reply | Permalink