The Daily Glenn

23 August 2007:

Glenn writes:

"Think about how amazing this is. McConnell clearly described that in 1978, we enacted a law prohibiting warrantless eavesdropping; the Bush administration broke that law repeatedly; and the telecommunications companies actively participated in that lawbreaking. And now-- as a matter of national security-- the Bush administration is demanding that Congress pass a new law declaring that telecom companies are immune from any and all consequences-- both civil and criminal-- in the event they are found to have violated the law. It is hard to imagine open contempt for the rule of law being expressed more explicitly than this.

What possible reason is there to protect anyone-- including telecom companies-- with a special law enacted to declare that they are relieved of all accountability for illegal behavior? And the premise of this argument is even more dangerous than the conclusion: it is all premised on the claim that these companies were only acting at the behest of George Bush, and therefore were entitled, even obligated, to do what they did. In other words, the President has the power to order private actors to break the law and when those orders are obeyed, the private actors are immune from the consequences of their lawbreaking, because they acted at the Leader's behest.

That government officials like McConnell feel so comfortable openly admitting that the government broke the law, obtaining amendments to legalize that behavior after the fact, and then demanding immunity for the lawbreakers, demonstrates how severely the rule of law has been eroded over the last six years. It is not hyperbole to say that government lawbreaking has become formally legitimized.

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