The right amount of paranoia
by
randy-khan
10/19/2007, 5:09 PM #
I'm no fan of this Administration, but I guess I'd like to start from the right premises, rather than making odd assumptions. All in all, I think there's a bit too much paranoia here.
First, this is really just a written explanation of what would happen if there were a sufficiently awful disaster. It's hard to imagine a President (or at least one we'd want to have) who wouldn't take extraordinary, and at least arguably extralegal, measures in circumstances where there was a real loss of government continuity, like a bomb destroying the Capitol while the House and Senate were in session. (For what it's worth, taking out the Supreme Court, by itself, probably wouldn't be a sufficient disaster, since there's very little that the Court gets that really is that time-sensitive.) In other words, this is just a planning document, and probably actually just a more formal version of a memo that's been kicking around the White House since the Soviet Union got the atomic bomb. Having it out in the open actually is a little bit reassuring.
Second, in context, the "comity" language reads to me like an explicit recognition that the other branches are co-equal. The President's job under that language is to coordinate, not to run everything.
(And, by the way, I think we can assume that the courts and Congress would assert their powers if they felt trod upon, particularly the courts. They're not very shy, and generally are quite direct about claims that the executive can ignore them. For that matter, I wouldn't assume a completely pliant military, since they swear an oath to uphold the Constitution that I suspect the generals take seriously.)
That said, I do find the Administration's resistance to showing the classified appendices to the people who have oversight over those issues more than a little creepy. I am aware that it's always been the executive's view that Congress is leakier than a sieve, particularly as to really interesting stuff, but in the past that's never led to wholesale denial of access. This is, if anything, worse than the way the NSA programs were treated, and it has to make you wonder what exactly has to be hidden so well. Unless it's the launch codes for nuclear weapons (which it shouldn't be), there's no reason I can think of to deny access completely.