Bruce Fein says Congress has surrendered to the increased power of the president by being unresponsive to decisions made by President Bush. (0:51)

 

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The House Judiciary Committee’s hearing analyzing Congressional response to alleged actions of the Bush administration wrapped up after more than six hours of testimony and questioning. Rep. Robert Wexler (D-Fla.) said the Bush administration told aides to ignore subpoenas, an action Wexler said is in direct violation of the Congressional oversight based in the Constitution. Bruce Fein, deputy attorney general under Reagan, said the Founding Fathers established oversight so that citizens would be aware of the decisions of their leaders, adding that refusing to appear before Congress is similar to contempt and grounds for impeachment.

Fein continued, saying that Congress has voluntarily relinquished its right to checks and balances to the White House by being unresponsive to the White House’s numerous actions that warrant investigation. He also said that Congress has accepted the notion that a President can declare war without the approval of Congress, an action prohibited by the Constitution. Rep. Adam Schiff (D-Calif.) suggested that Congress form a bipartisan legal oversight committee that would investigate executive encroachments on the Constitution and the legislature. Schiff said the committee should begin functioning immediately, be bipartisan, and examine historical precedents that led to increased presidential power.

Comparisons were made between allegations against the Bush administration and the impeachment proceedings of President Nixon. Rocky Anderson, founder and president of High Roads for Human Rights, said Americans viewed Nixon’s impeachment as being based in a violation of executive trust, not necessarily violations of law. Former Rep. Elizabeth Holtzman (D-N.Y.), who served on the Judiciary Committee during the Nixon era, said bipartisan investigations were successful during Nixon hearings because the Judiciary Committee went to great lengths educating members of Congress and citizens on the Constitution and the compiled evidence.

Rep. Dan Lungren (R-Calif.) the only Republican who stayed for the entire hearing, made a closing statement in which he emphasized the difference between a “misstatement” and an “intentional misstatement.” He said it is easy to make allegations but that hindsight is not enough to assume decisions made by the White House were intentionally misleading.

Bruce Fein, Deputy Attorney General under President Reagan, says that the executive branch of the U.S. government under the Bush Administration has destroyed the time-honored checks-and-balances and taken the country “perilly close to executive despotism.” He says that the executive branch does not accept that the U.S. was “conceived in liberty” and “dedicated to the proposition that sovereignty in a republican form of government lies with the people.” (2:02)

 

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At the House Judiciary Committee hearing on “Executive Power and Its Constitutional Limitations,” Bruce Fein, Deputy Attorney General under President Reagan, said that many high crimes and misdemeanors were committed under the Bush Administration. He said that the executive branch “destroyed the Constitution” and the order of checks and balances that it supported. Fein explained that a claim of fighting terrorism can be used to arrest anyone without question and flout any restriction on gathering foreign intelligence. This means that the president can kidnap or detain anyone he thinks necessary, and open mail and burglarize homes if he thinks it necessary — a very “frightening power” according to Fein. Fein also said that “short of impeachment,” there is nothing Congress can do to punish the Bush Administration. (more…)