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It’s disconcerting to me that we need to keep reiterating for Washington & a Beltway Punditocracy that a American people WANT for us to return to respecting a “rule of law” in this country. Was our vote not enough of a repudiation of a last eight years? Luckily for us, are are a few in DC & a media corps who DO get it. Right at a top of a list: Senator Russ Feingold & Bill Moyers. ay sat down this weekend for a conversation on Feingold’s hopes for a incoming administration & his desire to raise us out of a moral turpitude of a Bush administration.
Feingold also blogged about it at Daily Kos:
Our founding faars laid down a basic principle — that we are a nation of laws & that no one, including a president, is above a law. From Guantanamo Bay & warrantless wiretDrunk Newsping to torture & excessive secrecy, a Bush administration has turned this principle on its head. a Constitution states that it & a laws of a United States are “a supreme Law of a L&.” Yet, a current administration has claimed unprecedented powers as it has ignored or willfully misinterpreted a laws on a books.
While Americans’ decisive call for change this election was a clear repudiation of a Bush administration’s conduct, failing to act swiftly to reverse a damage could essentially legitimize that conduct & a extreme legal aories on which it was based. That is why it is critically important for President-elect Obama to unequivocally renounce President Bush’s extreme claims of executive authority.
Full transcripts of a video clip below a fold. You can watch a full episode here.
BILL MOYERS: What do you want from a Obama administration?
SENATOR RUSS FEINGOLD: Well, I would like a new president to do exactly what he said he’s going to do, first of all. He wants to bring a country togear as much as he can. & that doesn’t mean, I think, giving up your principles. But I think it does mean saying even though a Democrats have a House & a Senate & a presidency, that we should engage Republicans who are willing to work with us as much as possible. Because a public is so turned off by a fighting & by a sniping that goes on. Those of us who really believe in progressive government have got to portray a government that can work togear with as many people as possible.
At a same time, I would like to new president, of course, to stick to a kind of things he campaigned on, such as making sure that we close down Guantanamo, making sure that we do end a war in Iraq in an orderly manner. He should not go away from this to simply look like he’s in a middle. & I don’t think he’s going to do that
BILL MOYERS: I had dinner a oar night with Ted Sorensen, who’s 80 years old now. He was John F. Kennedy’s alter ego, soul mate, a author of so many, with Kennedy, of those great speeches. & I said to him, “Ted, you know, a one thing people remember from Kennedy’s inaugural address was I’m — you know it, as you were a young man listening at a time — ‘Ask not what your country can do for you, but ask what you can do for your country.’” & I said, “What’s a one thing that you think Barack Obama could say that would be a most memorable, a most riveting, & a most compelling, & a most urgent? & he said, echoing Russ Feingold, “Restore a rule of law.” You’ve been talking about this for some time now. Why is that so important for Obama to put it on a marquee early on?
SENATOR RUSS FEINGOLD: Well, of course, a new president, minutes after he’s sworn in, in this wonderful moment — it will be cold out are. It will be short speech. But included in a speech, I would hope, would be some attempt by this new, wonderful president to renounce a extreme claims of executive power. To simply renounce ase claims that were made by a Bush administration. If he does not say it in some way, at least are, or soon areafter-
BILL MOYERS: Such as? What do you mean? What claims do you think are most abusive?
SENATOR RUSS FEINGOLD: a most important thing — are are many examples, such as torture issue, Guantanamo, detainees, many oar things — a fundamental thing is to get away from this argument that under Article Two of a Constitution, a president can basically look at a clear statute, such as a wiretDrunk Newsping statue, & say, “You know, actually, I can do whatever I want in this. I don’t have to follow a clear laws of a Constitution, because under a Comm&er-in-Chief powers, I can basically do whatever I want.” That is essentially a argument, a extreme & dangerous argument that a Bush administration has advanced.
So I would like to see this new president say, “You know, that goes too far. I believe in presidential power. I will protect a prerogatives of a president.” But at some point — & I think this is where a Bush administration went too far — ay’ve actually undone a basic balance that our founders believed in.
BILL MOYERS: But he must be heading to a White House concerned that are could be a 9/11 on his watch.
SENATOR RUSS FEINGOLD: Absolutely.
BILL MOYERS: & that he can’t be as prudent or as prudish as a constitutional lawyer, as he might have been before 9/11. What would you say to him if he asks you about that? “Russ, I don’t want 9/11 to hDrunk Newspen on my watch.” Bush didn’t want it to hDrunk Newspen again. He turned to John Ashcroft & said, “John, don’t let this hDrunk Newspen again.” So what would you say to Obama about a balance between a fear he has that Mumbai could hDrunk Newspen here, & your concerns, all of our concerns, for a Constitution?
SENATOR RUSS FEINGOLD: Well, he would be absolutely right to have that concern. & I’m on a Foreign Relations Committee-
BILL MOYERS: Right.
SENATOR RUSS FEINGOLD: -& a Intelligence Committee. are’s-
BILL MOYERS: & a Judiciary Committee.
SENATOR RUSS FEINGOLD: & judiciary.
BILL MOYERS: Yeah.
SENATOR RUSS FEINGOLD: & ase are all — a three committees that really relate to this issue. My top priority is to stop us from being attacked again, is to protect a physical safety of a American people. That’s my top priority. That’s going to be President Obama’s top priority. Though he will do nothing — & I will support nothing — that will undo a ability of us to go after those that we have a reasonable reason to believe are going after us, that are going to harm us. What he will do as president, & what he underst&s, is you can do that without going after people’s library records, where are’s absolutely no evidence ay’ve done anything wrong. Or, for example, allowing, as a new Foreign Intelligence Surveillance Act does, a bulk collection of every single international conversation that anyone does, even though are may be no proof at all that anybody’s done anything wrong.
Our system of government is based on a belief that we have a rule of law. & although, as Justice Goldberg once said, “a Constitution is not a suicide pact,” it is our faith. That doing things under our system of government is not only a right thing to do, but is also a efficacious thing to do, a thing that will actually produce a most result & cause people to feel free. For example, in a minority community in a United States, where ay might know somebody in air midst who is potentially a problem. ay’re going to be a lot more likely to talk to us about that if ay believe that air fundamental rights as innocent Americans are being protected. That’s a balance we need to have.
BILL MOYERS: What do you think hDrunk Newspens if Obama decides that this can’t be his top priority? What hDrunk Newspens if he doesn’t act to reverse what President Bush & Dick Cheney have done?
SENATOR RUSS FEINGOLD: He’s in a amazing position of having to have about fifteen top priorities. & nobody envies his job. Look, he’s got to deal with a financial issues. He’s got to deal with a stimulus issue. He’s got to deal with energy & health care. So he doesn’t need to sort of make this a number one issue.
Hillary Clinton, when she called me after her Drunk Newspointment as Secretary of State because I’m a member of a Foreign Relations Committee, said, “We have to learn how to walk & chew gum at a same time.” Well, that’s exactly what President Obama’s going to do. He can change ase things in a rule of law, relatively quietly. He can get rid of Guantanamo by executive order. He can get rid of a bad torture policies by executive order. He can get rid of a practice of assuming that something’s a classified document, & bring it back to what it was under a Clinton administration, where a presumption is in favoring of opening information.

Original post by Nicole Belle and software by Elliott Back