Bush's Law

Bush's Law PDF

Author: Eric Lichtblau

Publisher: Anchor

Published: 2009-05-05

Total Pages: 370

ISBN-13: 0307280543

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In the aftermath of 9/11, President Bush declared that the struggle against terrorism would be nothing less than a war—a war that would require new tools and a new mind-set. As legal sanction was given to covert surveillance and interrogation tactics, internal struggles brewed over programs and policies that threatened to tear at the constitutional fabric of the country.Bush's Law is the alarming account of the White House's efforts to prevent the publication of Eric Lichtblau's exposé on warrantless wiretapping—and an authoritative examination of how the Bush administration employed its “war on terror” to mask the most radical remaking of American justice in generations.

Bad Advice

Bad Advice PDF

Author: Harold H. Bruff

Publisher:

Published: 2009

Total Pages: 446

ISBN-13:

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A scathing critique of President Bush's legal advisors, who expanded the reach of his executive powers while creating highly controversial policies for fighting the War on Terror. Argues that these advisors, blinded by ideology, provided largely bad legal advice that caused great harm, and ultimately was unnecessary for national security.

Under the Color of Law

Under the Color of Law PDF

Author: Martin Henn

Publisher: Lexington Books

Published: 2012-07-10

Total Pages: 292

ISBN-13: 073914331X

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Under the Color of Law constitutes a full and critical scholarly commentary to the text of five key Bush administration legal memoranda formative of U.S. counterterrorism policy from 2001 to 2009. This volume is dedicated to the idea that these documents are worthy of being read and critically examined in themselves as primary text, precisely because the act of critical assessment may yield meaningful policy reform in the ongoing debate facing the nation over balancing security interests with the preservation of civil liberties. This volume is intended to provide counterpoint for, and antithesis to, positions vigorously defended by President Bush's attorneys working at the OLC inside the Department of Justice, and it is designed to be used primarily in conjunction with and examined as response to the Bush-era documents themselves. Martin Henn investigates five central questions, each framed around commentary to a specific administration document. This work addresses the Yoo-Flanigan Memorandum of September 25, 2001, and asks whether any President has constitutional power to initiate a foreign war without congressional authorization. Regarding President Bush's November 13 executive order of 2001, Henn asks whether an emergency of war permits any President to usurp judicial and legislative powers to interpret law and define and punish offences against the law of nations. Along with many other questions these documents initiate, the author carefully analyzes and seeks to answer questions regarding the Bush administration, the use of interrogational coercion and torture in the war on terror.

When Governments Break the Law

When Governments Break the Law PDF

Author: Austin Sarat

Publisher: NYU Press

Published: 2010-10-20

Total Pages: 242

ISBN-13: 0814741428

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Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration’s commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama’s seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration’s harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time. Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they should. When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis. Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.

Veering Right

Veering Right PDF

Author: Charles Tiefer

Publisher: Univ of California Press

Published: 2004-09-15

Total Pages: 457

ISBN-13: 0520939883

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In this searing indictment of current administration policy, Charles Tiefer, a distinguished scholar of national legal affairs and former solicitor of the House of Representatives, argues that President George W. Bush methodically manipulates the law to promote right-wing causes. The beneficiaries of these machinations range from frontline pro-weapon and anti-women's rights groups to major industries that profit from lax environmental standards and military intervention in resource-rich regions. Accessibly written, legally rigorous, and meticulously documented, Veering Right demonstrates how the administration's already-ample arsenal for accomplishing ideological goals was expanded with weapons such as Attorney General John Ashcroft's social crusades and the polarizing 2004 election campaign. Tiefer lays out a compelling case for how the administration consistently erects barriers to media and congressional oversight that might expose covert motivations to public scrutiny. With an eye on the future, the White House is building a durable and potentially dominant machine for pursuing ideological goals by awarding lifetime judgeships and by exchanging favors for campaign funding. This book presents eye-opening evidence that ultra-conservatives could achieve previously unimaginable successes during a second Bush term. As a former Solicitor of the House of Representatives, Tiefer possesses a wealth of insight gleaned from decades of no-holds-barred investigations and judicial struggles. His wide-ranging perspective takes into account cultural changes, constitutional issues, partisan and electoral developments, and political personalities. The most exhaustive analysis to date of the Bush administration’s real agenda, this book provides a rare insider’s view of the strategic, devious, and potentially overpowering ways that presidents make ideological use of the law. Veering Right Documents How * President Bush's secrecy and deception undermined the democratic process by misleading Congress and the public about international and domestic matters ranging from doctored Iraq weapons intelligence to covered-up drugmaker subsidies paid for by seniors * Bush’s first term lays the groundwork for even more extreme right wing policies if he is re-elected. This agenda includes tilting the nation's tax structure against the middle class in Democratic states, weakening traditional Medicare by concentrating rising costs on poorer and sicker seniors, and exporting jobs via the trade fast track * John Ashcroft used religiosity and race-baiting to build his political career and, after 9/11, blocked questioning of his abuses—ranging from concealed undermining of the Bill of Rights to promoting the intolerance of the religious right—by labeling it as suspicious and even treasonous * Bush turned the public’s reaction after 9/11 away from the logical Saudi suspects and against Iraq in a spectacular double-play to push his agenda in the world’s oil patch * Secretary of the Interior Gail Norton and her crew of lawyer-lobbyists ran the public’s resources and its pollution controls like a candy store for pariah industries * Bush’s domestic legal gambits around big money paid off in 2004 with a historical gross campaign war chest as a quid pro quo for favors rendered * The Bush Administration dismantled international legal regimes ranging from arms control and women’s rights to global climate control and international tobacco regulation * Bush’s unilateralist alienation of potential support abroad hobbled both the Iraq occupation and the effort against terrorism

The Terror Presidency: Law and Judgment Inside the Bush Administration

The Terror Presidency: Law and Judgment Inside the Bush Administration PDF

Author: Jack Goldsmith

Publisher: W. W. Norton & Company

Published: 2009-03-24

Total Pages: 286

ISBN-13: 039333533X

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A key advisor to President Bush recounts his political clashes with powerful administration figures when he questioned the choices of his predecessors about the way the war on terror was being conducted, in an account in which he cites historical parallels.

Bush v. Gore

Bush v. Gore PDF

Author: Bruce Ackerman

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 254

ISBN-13: 0300127006

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divdivThe Supreme Court’s intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court’s actions. Did the Court’s decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments? The contributors—Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe, and Mark Tushnet—represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere. /DIV/DIV

Law's Detour

Law's Detour PDF

Author: Peter Margulies

Publisher: NYU Press

Published: 2010-04-26

Total Pages: 232

ISBN-13: 0814795595

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"From the Justice Department memos defending coerced interrogation to the firing of U.S. Attorneys who did not fit the Bush Administration's political needs, Law's Detour depicts the many detours that George W. Bush and Dick Cheney created to thwart transparency and undermine the rule of law after September 11, 2001. Bush officials set up a law-free zone at Guantanamo, pressured prosecutors to pursue political enemies, undermined the protection of bona fide refugees, and screened candidates for civil service jobs to ensure the hiring of "real Americans."" "While government needs flexibility to address genuine risks to national security - which certainly exist in the post-9/11 world - the Bush Administration's use of detours distracted the government from urgent priorities, tarnished America's reputation, and threatened voting and civil rights. In this comprehensive analysis of Bush officials' efforts to stretch and strain the justice system, Peter Margulies canvasses the costs of the Administration's digressions in the war on terror to thwarting economic and environment regulation." --Book Jacket.

Bush v. Gore

Bush v. Gore PDF

Author: Charles L. Zelden

Publisher: University Press of Kansas

Published: 2020-07-16

Total Pages: 356

ISBN-13: 070062967X

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Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings. It provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular.