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Elliot D. Cohen: Would A Dictator Graciously Relinquish Power? Submitted by BuzzFlash on Sun, 11/12/2006 - 7:55am. Guest Contribution A BUZZFLASH GUEST CONTRIBUTION by Elliot D. Cohen, Ph.D.
There is an aura of optimism in the air. Americans are looking forward to change in the aftermath of the November 7, 2006 elections; and, realistically, there is good reason for hope as we await the arrival of the new Democratically-controlled Congress in January. However, it would be a logistical error for Americans to let their guard down, especially in this interim period.
Not all possibilities are equal; some outcomes are more probable than others; and probabilities are functions of evidence. However, given the voracious appetite and tenacity the Bush administration has displayed for power, and given its blatant disregard for constitutional limits of executive authority and the extremes to which it has already gone to acquire power, there is reason for concern about just how cooperative the Bush administration will be in allowing a smooth transition in January.
The image of the Bush administration declaring Martial Law is not one any of us would care to entertain, but it could serve as a convenient way to disrupt the changing of the guard. The legal machinery has already been established. For example, the Military Commissions Act (PDF) permits the president to declare American citizens unlawful enemy combatants and to detain them indefinitely in detention camps without habeas corpus should he deem them "hostile" to the security of the United States. Given the vacuous nature of the term "hostile" this could include anyone who questions the authority of the president, especially under conditions of Martial Law. (See Bush's Chilling New Definition of "Unlawful Enemy Combatant.")
The president has already succeeded in conducting warrantless, unlawful surveillance of American citizens' e-mail and phone messages, and now he has indicated a desire to legalize this in the form of the Terrorist Surveillance Act of 2006 before the old congressional guard leaves. While this Act would limit warrantless eavesdropping to 45 days, it would also criminalize disclosure of any information relating to the Terrorist Surveillance Program:
In General- Any covered person who intentionally discloses information identifying or describing, whether in whole or in part, electronic surveillance authorized by section 2 of the Terrorist Surveillance Act of 2006, or any other information relating to the Terrorist Surveillance Program under that Act or any program of surveillance under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) to any individual not authorized to receive such information shall be fined not more than $1,000,000, imprisoned not more than 15 years, or both (my italics).
Strictly interpreted, this means that any journalist who disclosed leaked information related to this act could be fined and imprisoned accordingly. The obvious implication would be that journalists would not make such disclosures and any abuses of this program would never see the light of day in the public eye.
With the retirement of Secretary of Defense Donald Rumsfeld, many Americans are breathing a sigh of relief, but this sigh must not blind us to the possibility of a replacement as wily as Rumsfeld, or maybe worse. Presently, Robert Gates, a 26-year CIA veteran and CIA director under George H. W. Bush, is slated to replace Rumsfeld as Secretary of Defense should he be confirmed. During the Reagan administration, Gates allegedly had pressured CIA analysts into toeing the administration line, which included misrepresenting the threat posed by the Soviet Union to U.S. security and its involvement in European terrorism. Such politicization of intelligence-cooking the facts to fit the policy--was precisely what enabled the Bush administration to "justify" invading Iraq. It would be unfortunate if history were to repeat itself with respect to other nations on Bush's "axis of evil" list-Iran?
While the transition to a Democratic congress promises a fresh start, the Bush administration's continued policy of inbreeding is anything but refreshing. This administration is still just as clandestine and powerful as ever; and its history of guile and deceit is a useful gauge for making rational predictions about what it might try next. In this interim period of uncertainty, keeping our collective eye on the ball can be crucial to the survival of democracy in America.
A BUZZFLASH GUEST CONTRIBUTION
Elliot D. Cohen is a media ethicist and author of many books and articles on the media and other areas of applied ethics. He is the 2006 first-place recipient of the Project Censored Award for his Buzzflash article, Web of Deceit: How Internet Freedom Got the Federal Ax, and Why Corporate News Censored the Story.
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