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Addington Side Steps Conyers Question on Illegal Presidential Orders, Activity, War Crimes

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TPMM has this exchange, which deserves parsing:

Conyers: "Do you feel that the Unitary Theory of the
Executive allows the President to do things over and above the stated
law of the land?"

Addington: "The Constitution binds all of us,
Congressman, the President, all the U.S. members of Congress, all of
the federal judges. We all take an oath to support and defend it. I
frankly don't know what you mean by the Unitary Theory of Government"

Let's put aside, for the moment, Addington's claim he doesn't know what the Unitary Theory of Government means.

I. Reviewing the Question

Here's the question:

Do you feel that the Unitary Theory of the
Executive allows the President to do things over and above the stated
law of the land?


II. Reconsider separately what Conyers was asking, and break down the question into separate elements. Conyers is raising multiple issues, and his comment has two simple issues: Whether the President is above the law; and what legal theory would explain why the President views himself above the law.

First, Conyers is asking

A. Whether the President is above the law (He is not);
B. Whether the President can do things outside the law (He cannot);
C. Whether the law does or does not control Presidential programs, powers, activities, and orders (It does, per Article I Section 8)

AI S8:

"To make all laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this
Constitution
in the government of the United States, or in any
department or officer thereof."

Recall, the Supreme Court said this President's use of power was not, as the Constitution requires, appropriate: "Inappropriate".

Conyers is not asking whether someone took an oath to the Constitution; or whether anyone is supposed to follow the law.

Second, Conyers is then asking whether the Unitary Theory of Government would explain why the President views himself as above the law. Conyers is not asking for a diversion from the President's conduct, nor an explanation why illegal conduct is justified, merely asking what legal theory might explain why this President views his actions as above the law.

III. Considering What A Reasonable Response Should Be

Let's develop a standard or benchmark to evaluate Addington's response. A reasonable response to this question,
Conyers: "Do you feel that the Unitary Theory of the
Executive allows the President to do things over and above the stated
law of the land?"
Would be:
"The President has willfully violated the Supreme law and Geneva Conventions with full legal consultation with government lawyers. The President views himself as being above the law for various reasons. One of those reasons is the legal theory that the President may direct his personnel to do things outside the law. However, this only partially explains why the President (incorrectly) views his actions as being outside legal review.

"The President incorrectly and illegally views his power as being something Article I Section 8 does not apply; and strictly views all legal requirements as something that do not apply on the President's assertion alone. This claim to unreviewable power is not consistent with the Framer's intent to have overlapping jurisdictions with separate, but equal government branches."

IV. Reconsidering Addington's Response

Let's consider the problems with Addington's response:
Addinton: "The Constitution binds all of us,
Congressman, the President, all the U.S. members of Congress, all of
the federal judges. We all take an oath to support and defend it. I
frankly don't know what you mean by the Unitary Theory of Government"

Addington has not answered why this President's activity is linked with DOJ OLC memoranda saying the President's actions are unreviable, nor bound by FISA or Geneva.

Whether the Constitution binds us to something is unrelated to whether the President agrees his actions must fall under the Article I Section 8 rules or Geneva Convntions. This President agrees he took an oath; he does not (lawfully) agree that he is bound by Geneva or Article I Section 8-sourced rules. The President and his legal counsel do not, by their actions, respect the Constitution; they only say they took an oath. Their real loyalty is not to the Constitution, but to the President's agenda of unchecked Executive Power.

V. What Addington Missed

Let's compare (a) what Conyers is really asking, at II; with (b) the above benchmark, at III; and (c) with what Addington said:
Addington: "The Constitution binds all of us,
Congressman, the President, all the U.S. members of Congress, all of
the federal judges. We all take an oath to support and defend it. I
frankly don't know what you mean by the Unitary Theory of Government"
Addington's response does not address any Constitutional questions, but misdirects the question by asserting a requirement. That standard or requirement has no relationship with:
A. The President's actions;

B. The President's views of the law;

C. The President's policies, programs, and orders which violate the law or intent of Article I Section 8; or

D. The legal theory the President is using to put himself above the law
Addington defected attention from the illegal activity, did not address the questions about compliance with the Constitution, and merely asserted -- as if it were proof -- that the President and others took an oath to the Constitution. Addington's assertion is irrelevant, and unrelated to Conyers question.

Addington's comment about the oath is meaningless. An assertion of a legal requirement is unrelated to the question, not connected with a reasonable answer, and does not address:
A. Whether the law has or has not been followed (the law was violated);

B. Whether there is or isn't evidence of illegal activity (There is);

C. What legal memoranda or lawyer-related work product the President used to "justify" ignoring FISA, Geneva (They exist) ;

D. The President's  clearly promulgated legal obligations under the laws of war and Nuremberg precedents (These were illegally explained away).

Addington is appealing to confusion, creating a smokescreen, and has
not adequately discussed any information which might be expected of a
reasonable response to Chairman Conyers' question. Whether the Senate or House agree or disagree with the above conclusions in no way explains the House refusal to investigate these war crimes. The House can only credibly justify they made "the right decision" after they investigate this President's war crimes.



Comments (10)

Rep. Conyers is not a skilled cross-examiner unfortunately.

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Addington sees the President like that bandit out of Treasure of the Sierra Madre. "Badges? We don't need no steenking badges."

They are a law unto themselves and as long as they have;
-their pet eunuch Mukasey as AG, who will never, ever serve a writ on them,
and
-Nazi Pelosi keeping her vow that impeachment is off the table,
they will continue to be a law unto themselves.

Actually, if the intent of Conyers' question is as you describe, it's quite a difficult question to parse. Addington would be well within his rights to say, "I frankly don't know what you mean by the Unitary Theory of Government." I'd then expect Conyers to rephrase the question to more thoroughly and accurately explain what he means.

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Forgive me for the confusion, but Conyers never asked about the "unitary theory of government". He asked about the unitary theory of the executive, and Addington knows perfectly well what he's being asked about. He's pretending confusion over a question that Conyers did not ask, and running the clock out.

(I have no idea what the unitary theory of government is either).

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Allsburg,
Rumpole is exactly correct - if you are going to insist on refuting testing's post -please get your facts straight.
And just for the historical record when Addington was chief of staff for Congressman Cheney -they turned out a minority report that supported Nixon vis a vis "unitary theory of the executive " .

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And Economides - you respectfully are dead wrong Chairman Conyers is a very skilled cross examiner -please remain tuned this is fixing to get really interesting
BTW -your avatar Rocks ! There's been a dude down here in Austin Tx that shows up every year at Eeyore's Birthday bash - that looks a lot like your picture - its just way cool...

I'm not saying Conyers didn't ask a perfectly straightforward question, nor that Addington had no intention of answering, but I am pretty sure if you ask a bunch of practicing trial lawyers (I am not), made them watch Conyers in hearing after hearing (I have), they would draw the same conclusion.

I am not saying Conyers isn't leading an effective investigation, but I stand by by point that he is not in fact a skilled cross-examiner. He frequently reads his questions as if someone had written them for him (duh), he doesn't necessarily follow up as if he had already anticipated all the possible responses, etc... maybe he was much sharper in his youth.

It's quite bizarre to watch a congressional hearing (and I have watched may many of them) and realize that most of the committee members have done no coordination amongst themselves. Almost never do they actually cede time to the most skilled questioner among them, preferring instead to get their 5 minutes of air-time. I find for example Arthur Davis to a much better cross-examiner, in general, than Conyers.

Ever notice how for the really big investigations the committees actually go out and hire "real" attorneys. Think Iran-Contra for example.

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A skilled crossexaminer can't make a reluctant witness answer. Addington was given as much bait as possible, typically all he wants to do is put forth the Unitary Theory of the
Executive. If the question wasn't enough he wasn't going ot talk.

If the point was to prove Addington won't answer, you are right. It's not that I expect a really smart guy like Addington to roll over and incriminate himself, but at least they could have boxed him in better, catch him in a contradiction, instead of letting him run out the clock.

If they know he intends to run out the clock why not cede all the time to 1 or 2 questioners so they don't have the silly 5 minute limit which seems intentionally designed to make sure nothing useful is ever revealed while making sure everyone gets a little TV time.

A SHAMEFUL SPECTACLE OF CONGRESSIONAL OVERSIGHT, TO BE SURE.

D/ITMFA.

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