We sat there for all those seasons wondering why we could not have a
real President Bartlet, with all those smart people worrying about our
country and its problems. When the Bartlet administration came to an
end, and the series did, too, we were disappointed that we would not
see what the Santos administration would be like with Josh Lyman as
chief of staff and the strongest and best of the new president's
political opponents as Secretary of State.
Now we will see how that comes out. Not in fiction. For real.
Just look at the photographs of "Obama's People." in tomorrow's
Times Magazine
particularly that of Rahm Emmanuel.
I gather I am not allowed to link directly to the Rahm photo but look at it and then this one of Brad Whitford as Josh Lyman.
Rahm
seems a bit tougher, with hands on hips ready to take on all comers,
but that's Hollywood for you softening up the rough edges of real life.
I have the sense that Aaron Sorkin, John Wells and Thomas Schlamme must be really busy now writing Tuesday's episode.
There
is awfully serious business before the new administration, of course,
but it would truly be a mistake to ignore the celebratory mood of the
country. If we were somewhat disappointed when the Iraqis we
"liberated" by removing Saddam Hussein did not seem as excited to see
us as we though they might (the Vice President may have been a bit over
exuberant) there is no mistaking how our own "liberation" is being
received.
And why not? The week begins with a new chairman of
the Senate Foreign Relations Committee being the same person who, as a
young Navy officer,
asked the same committeehow do you ask a man to be the last man to die in Vietnam
That day in 1971, when most of us first heard of him, Lt.(j.g) Kerry also asked the committee he now chairs:
We are here to ask, and we are here to ask vehemently, where are the leaders of our country? Where is the leadership? ...
We
wish that a merciful God could wipe away our own memories of that
service as easily as this administration has wiped away their memories
of us. But all that they have done and all that they can do by this
denial is to make more clear than ever our own determination to
undertake one last mission - to search out and destroy the last vestige
of this barbaric war, to pacify our own hearts, to conquer the hate and
fear that have driven this country these last ten years and more. And
more. And so when thirty years from now our brothers go down the street
without a leg, without an arm, or a face, and small boys ask why, we
will be able to say "Vietnam" and not mean a desert, not a filthy
obscene memory, but mean instead where America finally turned and where
soldiers like us helped it in the turning.
And in
its first substantive hearing with Senator John Kerry as its chair, the
committee was deciding whether to confirm Hillary Clinton, whose
husband worked for the Senator who was chairman when Lt. Kerry
testified. And the foreign policy they discussed was one which sounds
like the United States we remember from better and more optimistic
times, and you started to think that the country had, indeed, "turned."
A
day or so later it was Eric Holder's turn to appear before the
Judiciary Committee considering his nomination as Attorney General.
Questioned by
another one of the great people who now lead our country, Senator
Russell Feingold, about the limits of presidential authority, the
Attorney General-designate said:
HOLDER: The
president, as I've said, is not above the law, has a constitutional
obligation to follow the law and execute the laws that this Congress
passes. If you look at the Steel Seizure concurrence of Justice Jackson
that, I think, sets out in really wonderful form the power that the
president has and where the president's power is strongest and where it
is weakest.
It is weakest in Category 3 where Congress has
indicated something contrary to what the president wants to do. That is
where Justice Jackson says the president's power is at its lowest
level. And I think -- I'm not a constitutional scholar -- but I think
that there has never been a president who's been upheld when he's tried
to act in Category 3. I think, but I'm not sure.
FEINGOLD: I
believe that's right. And I want to follow that. Using the construct of
Justice Jackson, more specifically, does the president, in your
opinion, have the authority, acting as commander- in-chief, to
authorize warrantless searches of Americans homes and wiretaps of their
conversations in violation of the criminal and foreign intelligence
statutes of this country?
HOLDER: I think you're then getting
into Category 3 behavior by the president. Justice Jackson did not say
that the president did not have any ability to act in Category 3.
Although, as I said, I'm not sure there's ever been an instance where
(inaudible) courts have said that the president did act appropriately
in that category.
It seems to maybe it's difficult it imagine a
set of circumstances given the hypothetical that you have used and
given the statutes that you have referenced that the president would be
acting in an appropriate way given the Jackson construct, when I think
is a good one.
FEINGOLD: So you see FISA law as under Category 3, right?
HOLDER: Yes. I think the FISA law is a good statute and it has an exclusivity provision that seems to me to be pretty clear.
FEINGOLD:
You discussed with Senator Hatch whether or not there was some kind of
independent, inherent power of the president. Is there anything in the
FISA statute that makes you believe that the president has the ability
under some other inherent power to disregard the FISA statute?
HOLDER: No, I do not see that in the FISA statute.
During those dark moments of the recent past, there were bleats from these pages such as
this (with its
link to the "steel seizure case") and, just as a for instance,
this or
this,
among others, but obviously, with any affront to bloggers anywhere (I
will leave that to the Governor of Alaska), having an Attorney General
say much the same thing is so much more conforting than reading one's
own fear that the republic is going down the toilet.
And, yes,
members of the committee, including the occasionally brave Senator
Arlen Spector, who could not rouse themselves to do anything about the
thieves they permitted to pervert the Justice Department into a wing of
a political party, found it worthwhile to lecture the incoming Attorney
General about mistakes President Clinton made before they stole the
presidency.
We have our work cut out for us and we are not
without blame for the mess we are in. Watching this sad spectacle of a
man not even remotely fit for the office slink away from the presidency
in a wave of more nonsense and foolishness than could even be imagined
from him, we can laugh (
Letterman's recap of his "Great Moments" series was spectacular ) until we realize how he got there: There were
people who voted for him because of Vice President Gore's stiffness on
a stage, because he sighed during a debate and had an advisor who
instructed him on the "earth tones" he should wear. There were millions
of people who could not see a "dime's worth of difference between him
and the idiot who was elected. This is the country in which we live.
But
maybe Lt. Kerry's prediction from so long ago has come true. Maybe we
have turned a corner. It will be an exciting, historical and, I am
certain, memorable week to come.
Bring it on.