How Dare Koh Question Cheney’s Unilateral Author-i-tay Claims?
Puzzling ’til your puzzler is sore regarding what the heart of the objections to Harold Koh might be? Wonder no longer:
President Obama has selected one of the few lawyers who probed deeply into the constitutional implications of presidential unilateralism and how it might be controlled. Koh would be taking his position as legal adviser at one of the rare moments when it might be politically possible to consider a National Security Charter that aims to restore an effective system of checks and balances.
The abuses of the Bush years are still fresh in the public mind. Both Congress and the president have pledged to restore the rule of law. There won’t be a better time for America to confront the profound structural problems that allowed President Bush to keep the facts about torture, and other illegalities, from Congress and the American people. Koh is precisely the person who might help the House, Senate, and the president reach a consensus on framework legislation that will prevent similar abuses in the future.
That’s as bluntly as I have seen it put anywhere, and Bruce Ackerman is exactly right.
All the voices who have been loudly wailing about Harold Koh happen to be the self-same people whose apologist work for the Cheney/Addington/Yoo legal excesses would be called into question were its underpinnings ever examined in the light of day. Like so many howler monkeys screeching from the treetops, hoping no one will notice how much effort is expended to cover their own asses.
This is not about Harold Koh as an individual. It never has been.
It is about preventing balance from being restored to the federal government. Preventing oversight from being carried out thoroughly. And, moreover, preventing accountability from ever falling on the heads of those whose actions may have been illegal, immoral, improper, and knowingly, purposely done.
In short, the right wing is still protecting Dick Cheney’s author-i-tay flank, with or without legal, moral or ethical grounds. What good little soldiers.
NOTE: We will have a live chat at 3 pm ET/noon PT Thursday with lawyers from the Brennan Center for Justice to discuss restoration of the rule of law, justice and the issues swirling around some of the Obama appointments. Hope you can join us!





I think we should hand out condoms to all the obstructionist Republicans, since all they seem to do is provide cover for Dick. . . Cheney, that is.
Thanks for keeping the pressure on, Christy!