Last week the Bush administration reached its Nixonian climax, as CIA director Michael Hayden confirmed that the government had nearly drowned some people on purpose using techniques that American military men have long known as torture. Attorney General Michael Mukasey said the Department of Justice could not investigate these alleged crimes. White House spokesman Tony Fratto explained why the President may authorize them again. Vice President Dick Cheney declared them a good thing. The administration is saying in effect, We do as we please, and care nothing for the laws; now, show us, Congress and loyal subject, er, citizens, what are you going to do about it? And Americans, frankly, face a strong temptation not to do anything: We will have a new president soon, and the race is exciting. But hard choice though it is, we need to recognize the constitutional crisis to which this administration has brought us, and as its officers now openly refuse to take care that the laws be faithfully executed, Congress must do all it can to expose, with the patience of the prosecutor the administration will not appoint, the wrongs done in our name. Otherwise we will forfeit what we painfully won from the Nixon era: our right to a government bound by law.
Eric Rauchway is a professor of history at the