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Vice President Cheney and the Fight over "Inherent" Presidential Powers By John W. Dean FindLaw.com (excerpt)
"the pendulum from time to time throughout history has swung from side to side-Congress was pre-eminent, or the executive was pre-eminent-and as I say, I believe in this day and age, it's important that we have a strong presidency." Vice President Richard Cheney
Do not, however, mistake Cheney's reference to "this day and age" as having anything to do with terrorism. Long before 9/11, Cheney was pushing this cause.
To understand Cheney's position, he suggests that others "go back and look at the minority views that were filed with the Iran-Contra report, [and] you'll see a strong statement about the president's prerogatives and responsibilities in the foreign policy/national security area in particular."
If one does as Cheney says, as I have, what will be found is rather startling, to say the least.
The so-called Iran Contra report to which Cheney is referring emerged as part of a five-hundred page final report of a Congressional investigation which lasted eleven months. The investigation was undertaken by a joint committee of both House and Senate, of which then-Representative Dick Cheney was Vice-Chair.
At issue was whether the Reagan Administration had ignored the Boland Amendment, a 1984 law that restricted the CIA's use of appropriated funds to support the Nicaragua Contra movement - and, relatedly, whether Congress had been properly informed about the Administration's actions.
The majority report asserted that the entire affair "was characterized by pervasive dishonesty and inordinate secrecy." But Cheney authored a minority report - joined by several other Republicans, though not all.
Cheney's report took a very different view: He called the failures of the Reagan White House to comply with the laws "mistakes," insisting they "were just that - mistakes in judgment and nothing more."
These so-called mistakes were actually serious criminal offenses according to Independent Counsel Lawrence Walsh, who successfully prosecuted some eight Reagan officials for their mistakes. All eight, however, either had their verdicts reversed on technicalities, or were pardoned by President George H.W. Bush. The George W. administration hired many of these people, and has made the records of George H.W. Bush disappear.
John W. Dean, a FindLaw columnist, is a former counsel to the President. Posts: 337 | Registered: Nov 2005
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quote:Originally posted by Dagonee: You can quote "inherent" all you like - the President absolutely has inherent powers.
You are absolutely correct Dag ... As the Congress has inherent powers, and as the Judicial Branch has inherent powers. The specific details, length and breadth of those inherent powers are the question.
This is a little background information about how we got to this point, written by an important player in that history, and published in a legal venue.
I'd welcome opinions from everyone about this interesting background story.
quote:Before becoming Counsel to the President of the United States in July 1970 at age thirty-one, John Dean was Chief Minority Counsel to the Judiciary Committee of the United States House of Representatives, the Associate Director of a law reform commission, and Associate Deputy Attorney General of the United States. He served as Richard Nixon's White House lawyer for a thousand days.
He did his undergraduate studies at Colgate University and the College of Wooster, with majors in English Literature and Political Science. He received a graduate fellowship from American University to study government and the presidency, before entering Georgetown University Law Center, where he received his JD in 1965.
John has written many articles on law, government,and politics. He has recounted his days in the Nixon White House and Watergate in two books, Blind Ambition (1976) and Lost Honor (1982). John Lives in Beverly Hills, California with his wife Maureen. He works as a writer, lecturer, and private investment banker.
In 2001 he published "The Rehnquist Choice: The Untold Story of the Nixon Appointment that Redefined the Supreme Court;" in 2002 he published an e-book "Unmasking Deep Throat;" and in early 2004, Warren G. Harding. His newest book is "Worse Than Watergate: The Secret Presidency of George W. Bush."
quote:Originally posted by Dagonee: Nice bio. It leaves out a rather important fact, though, doesn't it?
You know, that pesky little conviction for obstruction of justice.
I wondered where that went too - (Didn't he serve his sentence? I forget.)
The fact remains that he was an Nixon insider who paid the price, and he is in a position to know (more than many others) what the inner workings were in that scandalous time.
Posts: 337 | Registered: Nov 2005
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(Didn't he serve his sentence? I forget.)
