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Absolute PowerThe real reason the Bush administration won't back down on Guantanamo.

By Dahlia Lithwick
Posted Saturday, Jan. 13, 2007, at 6:52 AM ET

(Continued from page 1)

But Guantanamo stays open for the same reason Padilla stays on trial. Having claimed the right to label enemy combatants and detain them indefinitely without charges, the Bush administration is unable to retreat from that position without ceding ground. In some sense, the president is now as much a prisoner of Guantanamo as the detainees. And having gone nose-to-nose with the Congress over his authority to craft stripped-down courts for these "enemies," courts guaranteed to produce guilty verdicts, Bush cannot just call off the trials.

The endgame in the war on terror isn't holding the line against terrorists. It's holding the line on hard-fought claims to absolutely limitless presidential authority.

Enter these signing statements. The most recent of the all-but-meaningless postscripts Bush tacks onto legislation gives him the power to "authorize a search of mail in an emergency" to ''protect human life and safety" and "for foreign intelligence collection." There is some debate about whether the president has that power already, but it misses the point. The purpose of these signing statements is simply to plant a flag on the moon—one more way for the president to stake out the furthest corners in his field of constitutional dreams.

Last spring, The New Yorker's Jane Mayer profiled David Addington, Vice President Richard Cheney's chief of staff and legal adviser. Addington's worldview in brief: A single-minded devotion to something called the New Paradigm, a constitutional theory of virtually limitless executive power, wherein "the President, as Commander-in-Chief, has the authority to disregard virtually all previously known legal boundaries, if national security demands it," Mayer describes.

Insiders in the Bush administration told Mayer that Addington and Cheney had been "laying the groundwork" for a vast expansion of presidential power long before 9/11. In 2002, the vice president told ABC News that the presidency was "weaker today as an institution because of the unwise compromises that have been made over the last 30 to 35 years." Rebuilding that presidency has been their sole goal for decades.

The image of Addington scrutinizing "every bill before President Bush signs it, searching for any language that might impinge on Presidential power," as Mayer puts it, can be amusing—like the mother of the bride obsessing over a tricky seating chart. But this zeal to restore an all-powerful presidency traps the Bush administration in its own worst legal sinkholes. This newfound authority—to maintain a disastrous Guantanamo, to stage rights-free tribunals and hold detainees forever—is the kind of power Nixon only dreamed about. It cannot be let go.

In a heartbreaking letter from Guantanamo this week, published in the Los Angeles Times, prisoner Jumah Al Dossari writes: "The purpose of Guantanamo is to destroy people, and I have been destroyed." I fear he is wrong. The destruction of Al Dossari, Jose Padilla, Zacarias Moussaoui, and some of our most basic civil liberties was never a purpose or a goal—it was a mere byproduct. The true purpose is more abstract and more tragic: To establish a clunky post-Watergate dream of an imperial presidency, whatever the human cost may be.

A version of this piece appeared in the Washington Post Outlook section.

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Dahlia Lithwick is a Slate senior editor.
Photograph of George Bush by Chip Somodevilla/Getty Images.
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