americanflag.jpgBring on the sunshine:

The subpoena threat came after a senior Justice Department official told a House judiciary subcommittee on Thursday that the department would not turn over the documents because of their confidential nature. But the official, Steven G. Bradbury, principal deputy assistant attorney general and head of the Justice Department’s office of legal counsel, did not assert executive privilege during the hearing.The potential confrontation over the documents comes in the wake of gripping Senate testimony last month by a former deputy attorney general, James B. Comey, who described a confrontation in March 2004 between Justice Department and White House officials over the wiretapping program that took place in the hospital room of John Ashcroft, then attorney general. Mr. Comey’s testimony, disclosing the sharp disagreements in the Bush administration over the legality of some N.S.A. activities, has increased Congressional interest in scrutinizing the program.

At the same time, the Bush administration is seeking new legislation to expand its wiretapping powers under the Foreign Intelligence Surveillance Act. Democratic lawmakers in both the House and the Senate have argued that they do not want to vote on the issue without first seeing the administration’s legal opinions on the wiretapping program.

“How can we begin to consider FISA legislation when we don’t know what they are doing?” asked Representative Jerrold Nadler, Democrat of New York, who heads the subcommittee.

On May 17, after Mr. Comey’s testimony, Mr. Nadler and Representative John Conyers Jr., Democrat of Michigan, who is the chairman of the full Judiciary Committee, wrote to Attorney General Alberto R. Gonzales requesting copies of Justice Department legal opinions used to support the N.S.A. wiretapping program, as well as later documents written by top Justice Department officials that raised questions about the program’s legality in 2004. The letter also asked Mr. Gonzales to provide his own description of the 2004 confrontation.

Mr. Conyers said he had not received a response from the Justice Department. “We’re going to give him two more weeks, and then, as somebody said, it’s about time process kicks in somewhere around here,” Mr. Conyers said.

Welcome to oversight.  This brings to mind the words that Al Gore spoke back in January of 2006, and I want to reprint a segment of that speech here for everyone:

A president who breaks the law is a threat to the very structure of our government. Our Founding Fathers were adamant that they had established a government of laws and not men. Indeed, they recognized that the structure of government they had enshrined in our Constitution – our system of checks and balances – was designed with a central purpose of ensuring that it would govern through the rule of law. As John Adams said: “The executive shall never exercise the legislative and judicial powers, or either of them, to the end that it may be a government of laws and not of men.” An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution – an all-powerful executive too reminiscent of the King from whom they had broken free. In the words of James Madison, “the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

Thomas Paine, whose pamphlet, “On Common Sense” ignited the American Revolution, succinctly described America’s alternative. Here, he said, we intended to make certain that “the law is king.”

Vigilant adherence to the rule of law strengthens our democracy and strengthens America. It ensures that those who govern us operate within our constitutional structure, which means that our democratic institutions play their indispensable role in shaping policy and determining the direction of our nation. It means that the people of this nation ultimately determine its course and not executive officials operating in secret without constraint.

The rule of law makes us stronger by ensuring that decisions will be tested, studied, reviewed and examined through the processes of government that are designed to improve policy. And the knowledge that they will be reviewed prevents over-reaching and checks the accretion of power.

I have no idea whether Gore wrote this speech on his own, or whether some speechwriter out there helped him with this — but I have to say, with all honesty and a tinge of envy at the excellence of this well-crafted speech: more of this please. From every Democrat who will pick up the torch of liberty and pass it forth for generations to come.

We had a fantastic chat yesterday with Caroline Frederickson of the ACLU regarding the issue of habeas rights restoration and the work that all of us can do to help move the legislation forward. If you missed the chat, I suggest taking a little time this morning to go back and read it.

As for the Democratic leadership in the House and Senate, I say only this: kudos on the sunshine. Those of you doing the tough work of both legislation and oversight on the mess that the Bush Administration and the previous Republican-controlled Congress are doing the hard work at the moment. I don’t expect instant miracles, but I sure would like a lot more sunshine in the days, weeks and months ahead.  Especially when it comes to restoring the constritutional principles and civil liberties fought so hard for by the nation’s founders — and by every generation since.

I choose liberty.  What say you?

(Gorgeous shot of the American flag via jcolman.)

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