Wednesday, December 28, 2005

Yet More Barr

WOW! I never thought I'd be pointing to Bob Barr as a rational voice in a political turmoil, but here I am doing it again. He writes today in the Atlanta Journal-Constitution about how the Presidential 'reaction to the scandal will unfold. There's a bit of gratuitous Clinton bashing (it IS Bob Barr, after all), but it seems to me to be mostly right on. There's not that fun sense of weird juxtapositioning you get from the column on HuffPo, but it's a good piece.

First, in the best tradition of former President Bill Clinton's classic, "it-all-depends-on-what-the-meaning-of-is-is" defense, President Bush responded to a question at a White House news conference about what now appears to be a clear violation of federal electronic monitoring laws by trying to argue that he had not ordered the National Security Agency to "monitor" phone and e-mail communications of American citizens without court order; he had merely ordered them to "detect" improper communications.

This example of presidential phrase parsing was followed quickly by the president's press secretary, Scott McLellan, dead-panning to reporters that when Bush said a couple of years ago that he would never allow the NSA to monitor Americans without a court order, what he really meant was something different than what he actually said.

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Of course, the president can't carry the entire stonewalling burden alone. The next actors to enter the stage typically are the president's press secretary and the White House counsel's office. Serious scandals tend to spawn congressional investigations and independent counsels. As Clinton quickly learned, and Richard Nixon before him, the best way to short-circuit such endeavors is to force the investigators and lawyers to fight like dogs for every inch of ground they get.

By using the White House counsel's office to bury investigators in a sea of motions, pleadings and memoranda, an administration can drag out an investigation to the point of exhaustion. By the time the investigation actually slogs through this legal maze to bring real charges or issue a report, the courts, public and media are so sick and tired of hearing about it that the final charges fall stillborn from the press.

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The signs are everywhere that the Bush White House is busily implementing all parts of this defense strategy. It would be refreshing if it decided to clear the air and actually be honest about its post-Sept. 11 surveillance. However, that's unlikely. The problem this president faces, as did his predecessors, is that full disclosure would lead to the remedy stage. No president wants to fight that end-game.

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