It's Time to End the Executive Privilege

"Democracy dies behind closed doors." Never in our country these words were as poingnat as now. On every turn the current administration hides all it can, whether important or not, from the public eyes. The number of documents classified by the Bush administration in 2006 was over 20 million - the same as during the whole second term of Clinton. The government increasingly delays and denies requests made under the Freedom of Information Act, especially after the infamous 2001 memo of ex Attorney General John Ashcroft urging all government agencies to deny disclosure of any information under any pretext. We know of the “black site” detentions, renditions, domestic eavesdropping and other murky dealings only because of leaks and unintentional disclosures. The administration even tried to close deportation hearings due to "security needs", even though the only information needed is whether someone has a valid visa.

Such devotion to secrecy is very dangerous, for many reasons. The 6^th U.S. Circuit Court of Appeals in Cincinnati stated in one of their rulings: "A government operating in the shadow of secrecy stands in complete opposition to the society envisioned by the framers of our Constitution." I couldn't say it better. Ill-informed citizens cannot make proper political decisions; their behavior, and voting patterns will be ruled by fear and ignorance. But well, maybe this is what the administration wants, a frightened populace docilely doing everything the government orders?

Executive privilege is yet another expression of these inclinations. This administration refuses to disclose information on anything, hiding behind the executive privilege. Just a few examples: US Attorneys' firing. Rove testimony. Miers papers. Cheney's Energy Task Force. Patrick Tillman's death. Abuses in the Boston FBI office. You name it - every piece of information sought from the White House is meet with "No, we claim executive privilege."

Which is really just another way of saying "Try and make us". When the Congress issued subpoenas, the administration refused anyway. If the Supreme Court issues an order, the administration will still refuse. They dress the refusal in a legalistic mumbo-jumbo, but the core message is plain: "We control the law enforcement agencies, so how are you going to enforce your subpoenas and orders?"

Obviously, all three branches of the government understand that, and try to play the chicken game. Who blinks first, loses. It would be easier if there is anything in the Constitution that mentions the executive privilege, but there is nothing. No law, just "implicit" and "assumed" powers. And tradition: the presidents tried to claim such privilege for a long time (starting with Washington and Jefferson). Sometimes they prevailed, sometimes not.

But in all cases it created problems. One of the most important issues I have already mentioned: excessive secrecy, for which there is no place in a country like ours. Another is that the claim of executive privilege effectively places the members of the administration above the law, and that is the real danger. From there to authoritarian rule and dictatorship is just a small step.

The justification given most often by the presidents is that they need the executive privilege because they need "candid and unfettered advice" from their consiglieri, who may be unwilling to give it if they know that they may be called to testify publicly about it.

But in fact this is the most important argument against the executive privilege! This is the very reason why we need to end that nonsense, and end it right now.

What would be reason for not wanting to make your advice public? Are you afraid people will think you are warmongering? Disregarding constitution instead of protecting it? Calling for policies enriching your friends and pauperizing the population? Disenfranchising people? Well, maybe you are!

In a democratic country like US, if someone's advice is such that it cannot stand to public scrutiny, it is better not given at all.

whereistand.com issues: here.