Do you remember former Yankee great Roger Clemens? He was indicted and tried twice for lying to a congressional committee about the contents of his urine. He was acquitted, yet this should tell you about the government’s priorities. It is more interested in chastening a baseball player about a private matter than it is in being truthful to the American people about torture. It apparently thinks that government employment is a defense to lying.
So where does all this lead us? The president’s agents have lied to Congress and have spied upon it. If Brennan did not know about this, he should be fired for incompetence and for failing to control his agents. If he did know about this, he should be indicted for lying to Congress because he denied it at a time when he had a lawful obligation to be truthful; and he should be fired for his failure to communicate a violation of the Constitution to the president. If he did tell the president that his agents were about to spy on Congress and the president failed to stop it, the president has committed a serious violation of his oath to uphold the laws and violated the separation of powers by invading the privacy of a coequal branch of the government — and that is an impeachable offense.
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So, what shall we do about this? House Speaker John Boehner will say, “Let’s sue the president.” That’s a joke. How about subpoenaing the president to testify under oath and asking him what he knew and when he knew it? Now you’re getting warmer. How about impeaching him and calling him as the first witness in his own impeachment trial? His Department of Justice has argued that the Fifth Amendment privilege against self-incrimination applies only in criminal cases. Now you’re getting hot.
But wait. All this requires moral courage, righteous indignation, and fidelity to the rule of law; and the Congress has none of those traits. In the post-9/11 world, Congress has become a potted plant, ready to give any president whatever he wants, lest it appear less than muscular in the face of whatever danger the president says is lurking in the dark. And presidents know that if the kitchen gets hot, all they need to do is foment a foreign crisis in the dark; and the country will unite behind them.
I am not so sure that unity behind the president will happen this time.
COPYRIGHT 2014 ANDREW P. NAPOLITANO
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