The Bush administration's dumbest legal arguments of the year.

The law, lawyers, and the court.
Dec. 28 2007 6:32 PM

Legal Fictions

The Bush administration's dumbest legal arguments of the year.

(Continued from Page 1)

4. Nine U.S. attorneys were fired by nobody, but for good reason.  

Of course, the great legal story of 2007 was the unprecedented firing of nine U.S. attorneys who either declined to prosecute Democrats or were too successful in prosecuting Republicans. After months of congressional hearings, subpoenas, and investigations, the mastermind behind the plan to replace these prosecutors with "loyal Bushies" has yet to be determined. The decision is instead blamed on a "process" wherein unnamed senior department officials came to a "consensus" decision. No one is willing to name names, even though the firings were ostensibly legal, because, in the words of the president himself, these prosecutors all "serve at the pleasure of the president" and can be fired for any reason. Nevertheless, the firing of the nine U.S. attorneys—many of whom had stellar records and job reviews—remains shrouded in secrecy, although at least according to everyone who's testified, they were all fired for good reasons (which also cannot be articulated).

Advertisement

3. Alberto Gonzales.

I am forced to put the former attorney general into his own category only because were I to attempt to round up his best legal whoppers of the calendar year, it would overwhelm the rest of the list. As Paul Kiel over at Talking Points Memoso aptly put it earlier this year, Gonzales was and is clearly "the lying-est attorney general in recent history." Kiel went on to catalog Gonzales' six most egregious legal lies of the year, but I'll focus here on just two. First, his claim at a March press conference that he "was not involved in seeing any memos, was not involved in any discussions about what was going on" with respect to the U.S. attorney firings. This was debunked shortly thereafter when Kyle Sampson testified that Gonzales was frequently updated throughout the process. Second, his April testimony that he had not "talked to witnesses because of the fact that I haven't wanted to interfere with this investigation and department investigations," which was promptly contradicted by Monica Goodling's testimony about his efforts to coordinate his version of the story with hers.

2. State secrets.

Again, it's virtually impossible to cite the single most egregious assertion by the Bush administration of the state-secrets privilege, because there are so many to choose from. This doctrine once barred the introduction into court of specific evidence that might compromise national security, but in the hands of the Bush administration, it has ballooned into a doctrine of blanket immunity for any conduct the administration wishes to hide. The privilege was invoked in 2007 to block testimony about its torture and extraordinary rendition program, its warrantless surveillance program, and to defend the notion of telecom immunity for colluding in government eavesdropping, among other things. No longer an evidentiary rule, the state-secrets privilege has become one of the administration's surest mechanisms for shielding its most egregious activities.

1. The United States does not torture.

First there was the 2002 torture memo. That was withdrawn. Then there was the December 2004 statement that declared torture "abhorrent." But then there was the new secret 2005 torture memo. But members of Congress were fully briefed about that. Except that they were not. There was Abu Ghraib. There were the destroyed CIA tapes. So you see, the United States does not torture. Except for when it does.

TODAY IN SLATE

Medical Examiner

The Most Terrifying Thing About Ebola 

The disease threatens humanity by preying on humanity.

I Bought the Huge iPhone. I’m Already Thinking of Returning It.

Scotland Is Just the Beginning. Expect More Political Earthquakes in Europe.

Students Aren’t Going to College Football Games as Much Anymore

And schools are getting worried.

Two Damn Good, Very Different Movies About Soldiers Returning From War

The XX Factor

Lifetime Didn’t Think the Steubenville Rape Case Was Dramatic Enough

So they added a little self-immolation.

Politics

Blacks Don’t Have a Corporal Punishment Problem

Americans do. But when blacks exhibit the same behaviors as others, it becomes part of a greater black pathology. 

Why a Sketch of Chelsea Manning Is Stirring Up Controversy

How Worried Should Poland, the Baltic States, and Georgia Be About a Russian Invasion?

Trending News Channel
Sept. 19 2014 1:11 PM Watch Flashes of Lightning Created in a Lab  
  News & Politics
Weigel
Sept. 20 2014 11:13 AM -30-
  Business
Business Insider
Sept. 20 2014 6:30 AM The Man Making Bill Gates Richer
  Life
Quora
Sept. 20 2014 7:27 AM How Do Plants Grow Aboard the International Space Station?
  Double X
The XX Factor
Sept. 19 2014 4:58 PM Steubenville Gets the Lifetime Treatment (And a Cheerleader Erupts Into Flames)
  Slate Plus
Slate Picks
Sept. 19 2014 12:00 PM What Happened at Slate This Week? The Slatest editor tells us to read well-informed skepticism, media criticism, and more.
  Arts
Brow Beat
Sept. 20 2014 3:21 PM “The More You Know (About Black People)” Uses Very Funny PSAs to Condemn Black Stereotypes
  Technology
Future Tense
Sept. 19 2014 6:31 PM The One Big Problem With the Enormous New iPhone
  Health & Science
Bad Astronomy
Sept. 20 2014 7:00 AM The Shaggy Sun
  Sports
Sports Nut
Sept. 18 2014 11:42 AM Grandmaster Clash One of the most amazing feats in chess history just happened, and no one noticed.