FacebookTwitterGoogle+RedditEmail

From Conservatives to Brownshirts

by PAUL CRAIG ROBERTS

 

Last week’s annual Conservative Political Action Conference signaled the transformation of American conservatism into brownshirtism. A former Justice Department official named Viet Dinh got a standing ovation when he told the CPAC audience that the rule of law mustn’t get in the way of President Bush protecting Americans from Osama bin Laden.

Former Republican congressman Bob Barr, who led the House impeachment of President Bill Clinton, reminded the CPAC audience that our first loyalty is to the US Constitution, not to a leader. The question, Barr said, is not one of disloyalty to Bush, but whether America “will remain a nation subject to, and governed by, the rule of law or the whim of men.”

The CPAC audience answered that they preferred to be governed by Bush. According to Dana Milbanks, a member of the CPAC audience named Richard Sorcinelli loudly booed Barr, declaring: “I can’t believe I’m in a conservative hall listening to him say Bush is off course trying to defend the United States.” A woman in the audience told Barr that the Constitution placed Bush above the law and above non-elected federal judges.

These statements gallop beyond the merely partisan. They express the sentiments of brownshirtism. Our leader uber alles.

Only a few years ago this same group saw Barr as a conservative hero for obtaining Clinton’s impeachment in the House. Obviously, CPAC’s praise for Barr did not derive from Barr’s stand on conservative principle that a president must be held accountable if he violates the law. In Clinton’s case Barr’s principles did not conflict with the blind emotions of the politically partisan conservatives demanding Clinton’s impeachment.

In opposing Bush’s illegal behavior, Barr is simply being consistent. But this time Barr’s principles are at odds with the emotions of the politically partisan CPAC audience. Rushing to the defense of Bush, the CPAC audience endorsed Viet Dinh’s Fuhrer Principle over the rule of law.

Why do the media and the public allow partisan political hacks, like Viet Dinh, to define Bush’s illegal actions as a national security issue? The purpose of the Foreign Intelligence Surveillance Act is to protect national security. FISA creates a secret court to which the president can apply for a warrant even after he has initiated spying. Complying with the law in no way handicaps spying for national security purposes. The only spying handicapped by the warrant requirement is spying for illegitimate purposes, such as spying on political opponents.

There are only two reasons for Bush to refuse to obey the law. One is that he is guilty of illegitimate spying for which no warrant would be issued by the FISA court. The other is that he is using “national security” to create unconstitutional powers for the executive.

Civil libertarian Harvey Silverglate writing in the Boston Phoenix (Feb. 10-16) says that Bush’s grab for “sweeping, unchecked power in direct violation of a statute would open a Pandora’s box of imperial possibilities.” In short, it makes the president a dictator.

For years the Republican Federalist Society has been agitating for concentrating more power in the executive. The members will say that they do not favor a dictator, just a check on the “imperial Congress” and “imperial judiciary.” But they have not spelled out how the president can be higher than law and still be accountable, or, if he is only to be higher than some laws, but not other laws, and only in some circumstances, but not all circumstances, who draws the line through the law and defines the circumstances.

On February 13 the American Bar Association passed a resolution belatedly asking President Bush to stop violating the law. “We cannot allow the US Constitution and our rights to become a victim of terrorism,” said bar association president Michael Grecco.

The siren call of “national security” is all the cover Bush needs to have the FISA law repealed, thus legally gaining the power to spy however he chooses, the protection of political opponents be damned. However, Bush and his Federalist Society Justice Department are not interested in having the law repealed. Their purpose has nothing to do with national security. The point on which the regime is insisting is that there are circumstances (undefined) in which the president does not have to obey laws. What those circumstances and laws are is for the regime to decide.

The Bush regime is asserting the Fuhrer Principle, and Americans are buying it, even as Bush declares that America is at war in order to bring democracy to the Middle East.

PAUL CRAIG ROBERTS was Assistant Secretary of the Treasury in the Reagan administration. He was Associate Editor of the Wall Street Journal editorial page and Contributing Editor of National Review. He is coauthor of The Tyranny of Good Intentions.He can be reached at: paulcraigroberts@yahoo.com

 

Paul Craig Roberts is a former Assistant Secretary of the US Treasury and Associate Editor of the Wall Street Journal. Roberts’ How the Economy Was Lost is now available from CounterPunch in electronic format. His latest book is The Neoconservative Threat to World Order.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

April 26, 2017
Richard Moser
Empire Abroad, Empire At Home
Stan Cox
For Climate Justice, It’s the 33 Percent Who’ll Have to Pick Up the Tab
Paul Craig Roberts
The Looting Machine Called Capitalism
Lawrence Davidson
The Dilemma for Intelligence Agencies
Christy Rodgers
Remaining Animal
Joseph Natoli
Facts, Opinions, Tweets, Words
Mel Gurtov
No Exit? The NY Times and North Korea
Alexandra Isfahani-Hammond
Women on the Move: Can Three Women and a Truck Quell the Tide of Sexual Violence and Domestic Abuse?
Michael J. Sainato
Trump’s Wikileaks Flip-Flop
Manuel E. Yepe
North Korea’s Antidote to the US
Kim C. Domenico
‘Courting Failure:’ the Key to Resistance is Ending Animacide
Barbara Nimri Aziz
The Legacy of Lynne Stewart, the People’s Lawyer
Andrew Stewart
The People vs. Bernie Sanders
Daniel Warner
“Vive La France, Vive La République” vs. “God Bless America”
April 25, 2017
Russell Mokhiber
It’s Impossible to Support Single-Payer and Defend Obamacare
Nozomi Hayase
Prosecution of Assange is Persecution of Free Speech
Robert Fisk
The Madder Trump Gets, the More Seriously the World Takes Him
Giles Longley-Cook
Trump the Gardener
Bill Quigley
Major Challenges of New Orleans Charter Schools Exposed at NAACP Hearing
Jack Random
Little Fingers and Big Egos
Stanley L. Cohen
Dissent on the Lower East Side: the Post-Political Condition
Stephen Cooper
Conscientious Justice-Loving Alabamians, Speak Up!
Michael J. Sainato
Did the NRA Play a Role in the Forcing the Resignation of Surgeon General?
David Swanson
The F-35 and the Incinerating Ski Slope
Binoy Kampmark
Mike Pence in Oz
Peter Paul Catterall
Green Nationalism? How the Far Right Could Learn to Love the Environment
George Wuerthner
Range Riders: Making Tom Sawyer Proud
Clancy Sigal
It’s the Pits: the Miner’s Blues
Robert K. Tan
Abe is Taking Japan Back to the Bad Old Fascism
April 24, 2017
Mike Whitney
Is Mad Dog Planning to Invade East Syria?    
John Steppling
Puritan Jackals
Robert Hunziker
America’s Tale of Two Cities, Redux
David Jaffe
The Republican Party and the ‘Lunatic Right’
John Davis
No Tomorrow or Fashion-Forward
Patrick Cockburn
Treating Mental Health Patients as Criminals
Jack Dresser
An Accelerating Palestine Rights Movement Faces Uncertain Direction
George Wuerthner
Diet for a Warming Planet
Lawrence Wittner
Why Is There So Little Popular Protest Against Today’s Threats of Nuclear War?
Colin Todhunter
From Earth Day to the Monsanto Tribunal, Capitalism on Trial
Paul Bentley
Teacher’s Out in Front
Franklin Lamb
A Post-Christian Middle East With or Without ISIS?
Kevin Martin
We Just Paid our Taxes — are They Making the U.S. and the World Safer?
Erik Mears
Education Reformers Lowered Teachers’ Salaries, While Promising to Raise Them
Binoy Kampmark
Fleeing the Ratpac: James Packer, Gambling and Hollywood
Weekend Edition
April 21, 2017
Friday - Sunday
Diana Johnstone
The Main Issue in the French Presidential Election: National Sovereignty
FacebookTwitterGoogle+RedditEmail