Rule of Law

I did not arouse the national protest I imagined when I called for a citizen demonstration at noon on Columbus Day. This did not surprise me, for two reasons. Blogs are far less read and effective than bloggers like to believe, and I was asking for something rather large - for people who abhor torture and believe in the democratic rule of law to go outside and bang on a pot with a spoon or otherwise make noise to signal a call for the resignation of the Bush Administration.

Why? Because of disclosure that the administration and its Attorney General believed they had authority outside the law to torture terrorists as they see fit, contrary to law, the Geneva convention and Congressional rule.

Now Yale University Professor Jed Rubenfeld has eloquently pointed out why Judge Michael Mukasey, newly nominated by President Bush to be the next AG, and who just testified in Congress, should not be confirmed. Judge Mukasey testified that he believes the President can act outside of federal law "to defend the country."

Profesor Rubenfeld says Mukasey should either retract this statement or be denied the position by Congress.

I agree, and so would now like to invite those who believe, as Prof. Rubenfeld does, that the rule of law applying to everyone, including the President, lies at the very heart of the Constitution. The president has no supreme authority to do anything outside the law. For those of us who witnessed the decine and fall of President Richard Nixon, for abuse of executive privilege and flagrant disregard of federal law, this is an obvious point, and one the Congress must assert and defend.

Never mind the pot and pan this time. Just make your convictions felt. Is that so much to ask of a fellow citizen? Your Congressperson is just an email away.