Bush, Gonzalez, and the Rule of Law 3/26/07

As revelations continue about AG Gonzalez, it is dawning on the American people that The Rule of Law has been circumvented and eroded. Today’s revelations that administration officials have been using outside email accounts for official public business smells of political cover up—before the offenses even occurred! Unfortunately, it continues a pattern the administration has set throughout its tenure.

That pattern begins with memos from AG Ashcroft to President Bush in the days right after 9/11 which briefed the president on his decisions regarding treatment of prisoners, the Geneva Conventions, and Guantanamo Bay. The overriding theme of those memos was the prevention of criminal prosecution and civil litigation against government officials. It was as if they knew they were going to do things against the law, then planned how to avoid prosecution.

The use of outside, untrackable, deletable email accounts by administration officials—housed, incidentally, in the RNC—follow the same pattern. Why would they do this if their communication and work were legitimate? It creates a very bad appearance, of course. But what is really at stake is the way this administration has deeply politicized the Rule of Law and the prosecution of crime. Although the President may choose his own people to serve, he must not obstruct justice or influence prosecutions based on politics.

President Bush, inconceivably, has continued to support AG Gonzalez. It is not an idle question to ask whether AG Gonzalez has violated his oath of office. The core principle in the Constitution he swears to uphold is the Rule of Law. The primary responsibility of his office is the administration of justice according to the Rule of Law. Repeatedly, the Attorney General seems oblivious to that principle. And if he is being so strongly supported by the President, how is the President doing with his own oath of office?

Some fear the prospect of a Constitutional crisis. But such a crisis may be exactly what America needs. The administration continues to challenge and flout the most basic principle of liberty: Rule of Law. If left unchallenged, our liberty will surely go with it.


Anthony Signorelli is author of Call to Liberty:Bridging the Divide Between Liberals and Conservatives.