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But Don't Forget the Records

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As someone who lived through the aftermath of Watergate and the pain and recrimination that President Ford's decision to pardon Nixon inflicted on the country, I can only point out that many far wiser than me agreed that our nation could heal only by moving forward and abandoning any desire for retribution. So here too I leave it to others to debate the wisdom of extracting retribution from this administration and its many excesses and abuses of power, be it in the form of a trial or review by a bipartisan commission. But whether we cast our gaze backward on the abuses of the past or forward on how to prevent their reccurrence, one thing is clear: we need to have access to the historical records of the Bush presidency. They hold the key to both our past and future.

Having set itself on a path of secrecy from the outset, the Bush administration has subverted its record keeping obligations at every turn, eschewing any effective management of its electronic records, defining very narrowly the scope of its obligations under the Presidential Records Act, and depriving the public of even the merest glimpse of what goes on in the White House. So, for example, the administration has fought to bar public access to any records of White House visitors, even those who come for the most benign purposes such as fixing broken office equipment. Many millions of emails mysteriously are missing from White House servers, covering a period that starts with the administration's decision to go to war in Iraq and includes an investigation of the role that top White House officials played in the leak of Valerie Plame Wilson's covert CIA identity. While my organization, CREW, has been fighting these abuses through multiple lawsuit we are quite literally running out of time.

Moreover, the litigation has exposed the loopholes in our record keeping laws. Fearful of intruding on the president's constitutionally protected powers, Congress enacted the most timid of laws in the Presidential Records Act, leaving almost no role for any oversight until a president leaves office. The courts have also proven to be a frustrating venue in which to resolve these issues; the administration is masterful at running out the clock with countless motions and the courts are clogged with too many cases.

We cannot afford to wait on this issue, however; records destroyed leave a gaping hole in our nation's history. A top priority for the new administration must be strengthening our record keeping laws, including the Presidential Records Act. Witnesses at any trial or before any tribunal can shape their testimony to best tell their story, but contemporaneous records -- be they emails or OLC memoranda -- are not susceptible to fabrication. They will tell the most complete story of this administration's deeds and actions.


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The perfidious Bush Administration is capable of doing no end of 'dirty' business before Jan. 20.]

I understand that the day following election day, he and his minions set about removing environmental protection laws primarily on land bordering parks, monuments and other natural wonders. Apparently, once removed restoring their status will be next to impossible.

Bush's attitude is that he owns those lands: The American people do not.

This act was made public. Almost beyond imagining the extent of covert dirty work that has occurred for the last eight years. It's imperative that we know the whole ugly story.

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I have no doubt Bush and his gang are busy destroying any and all evidence of any wrongdoing, ethical or illegal. We saw what these types think about the law with Ollie North, Fawn Hall and their shredding machine.

The Presidential Records Act means as much to them as a subpoena from Congress. If prosecuting wrongdoing is something the Obama Adm. doesn't wish to do, I suggest they forego any investigation at all or risk the animosity of many Americans if an investigation does turn up illegal activity that won't be prosecuted.

I think the Democratic Party might look at prosecutions as a threat to their maintaining power, as I think Pelosi did with her "Impeachment is off the table" comment.

We're living in interesting times.

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Unfortunately the lack of follow through on Nixon might have led to peace and reconciliation in the short term but has proved disastrous over 30 years later.

The mild restrictions on executive power, the oversight requirements, and the trident of power have proved inadequate in resisting a planned and coherent attack from the executive to undermine the other two branches.

The neo-con attack has been multi-pronged and effective, resulting in a president who has operated way further beyond the law than even Nixon did. After all, there has been a systemic operation to infiltrate the government agencies and to tie lobbyists for a "permanent majority". An insidious corruption of the state.

Yes, the push back came about because of the controls that circumscribed the power of the presidency elicited a right-wing reaction, but we have now found out just how dangerous it is for the three branches of government not to work in some near-equal tension. The neo-cons were both wrong and dangerous to the health of democracy.

Don't make the same mistake.

Crimes need to be called and prosecuted.

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This law-and-order conservative says: investigate 'em, charge 'em, try 'em, convict 'em, sentence 'em, jail 'em.

Because if we don't, it'll only be worse next time.

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The current maladministration is a direct outgrowth of that decision. It was wrong at the time, as was the subsequent failure to adequately investigate and prosecute Iran-Contra, and remains wrong today (and I lived through the whole Watergate debacle - my first vote was against Nixon). The fact that there was no accountability for Nixon's crimes simply encouraged others, particularly Rumsfield and Cheney, to go even further. There can be no rule of law if the laws are not enforced, particularly against the most powerful among us.

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PICK ONE.

I say they pick one and throw every single charge at him. Although I hate Addington more, I don't know exactly what he did wrong (besides being a world-class pr!ck.) So I guess that leaves:

JOHN YOO. http://en.wikipedia.org/wiki/John_Yoo

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It can never be stressed enough in a Democracy...those who have the most power must be those who are the most vetted, watched and forced to be transparent.

The terrible condition of the Republic in November 2008 is a direct result of evil men doing evil deeds. Evil is evil, in any God's name or under any flag.

Watching these two, Bush and Cheney, walk about the face of the earth in a upright position rather than on their knees begging forgiveness, is sickening.

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Bush won't pardon anyone because he believes he doesn't need too. He will just leave the mess to the next Administration and dare them to investigate and charge anyone with torture or destroying records.
The Republicans will claim a partisan witch hunt; the Democrats will of course back down and the criminals will get away.

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While I agree that people want to put the Bush administration behind us and that, as you put it, "I can only point out that many far wiser than me agreed that our nation could heal only by moving forward and abandoning any desire for retribution." While the rift would heal faster, the problems would simply rise up once again in 20 or thirty years.

Bush loyalist 20 somethings will stew and stir for the next few decades, some serving in public life, others not. They will believe that a liberal press never gave Bush and his policies a fair shot, that his view of a unitary executive is the only sensible solution to 'insert future crisis here'. Cheney, Rumsfeld and the young turks in the 70s rose to prominance in the Bush administration and took the abuses never prosecuted after the Nixon years and expanded them to frightening proportions.

The only way to stop that is to so discredit the administration and its inherents is to expose it for the sriminal enterpirse it was. It is not about their intentions, it is not about our 'mood' or need to heal, it is about our future. Justice only prevails when applied, not applying justice only invites future trouble.

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This is absolutely correct.

It is complete nonsense to conflate "national healing" (whatever that is) with a need to hide the truth. It is not only nonsense but extremely dangerous. It is some ways a very subversive attitude. One that values a weak verisimilitude of calmness and order(national healing?)over the very heart and core of our democracy, the balance of power between the 3 branches and the absolute need for the people to know what those branches have been and are doing in their name.

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...cant wait to see the first of many floor fights amongst the Dems vs Obama. Aren't Blue Dogs really "Moderate" R's and Obama is not the Liberal, Liberals really want to see him as...that, or Obama is more phoney than I give him credit...

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Any effort to uphold the rule of law is "extracting retribution"? No. We are trying to protect ourselves and future generations.

The Bushies have been destroying records since at least 2006, so that hole in our nation's history is already huge and growing everyday.

A "review by a bipartisan commission" is no substitute for the rule of law. What a joke!

When will American administrations be subject to the same justice, swift and terrible, that we citizens enjoy?


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As someone who lived through the aftermath of Watergate and the pain and recrimination that President Ford's decision to pardon Nixon inflicted on the country, I can only point out that many far wiser than me agreed that our nation could heal only by moving forward and abandoning any desire for retribution.
(italics are my emphasis)

Objection! Assumes facts not in evidence.
Insofar as healing goes, medical data shows that long-term adverse effects are greater in leaving medical tools and debris in situ after surgery, than immediate surgery to remove them.

Likewise, failure to follow through in identifying and prosecuting Nixon administration wrong-doing has led to recurrent adverse effects.
Exhibit A: Richard Cheney
http://en.wikipedia.org/wiki/Dick_cheney - see Early White House Appointments
Other members of the Nixon/Ford White House played important roles in Iran-Contra.

Rule of law - justice, is very different from mob rule - retribution - even if they sometimes reach the same outcome.

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