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As I recall from basic American history, it was the lawless stances of the British monarch and Parliament that led to our Revolution. It is hard to imagine a country that has a greater charter document than the Constitution, and yet here is an argument that hinges on whether or not that document has real meaning. No where does the Constitution declare legal exemption for the President in regards to him breaking its laws; no where does it abdicate that the responsibilities of the President do not include adherence to those laws. A "gentleman's agreement" between those chosen few who have been elected to the office yet is not in agreement with the Constitution and thence the People who are protected by those laws, is not an argument worth defending in any logical sense. Either there is a rule of law or there isn't.
Those who argue agains holding the Bush administration accountable for the mis-deeds of the last eight years should be asked to explain the failure of this strategy to act as a deterrent to future administrations. We have watched the Nixon administration get away with massive illegal and unconsitutional activities. This was followed by the Reagan administration breaking express Congressional bans against supplying aid to the Contras, undercutting the Constitutional role of the Congress to control the pursestrings. The Bush administration built on the lack of accountability in the past in commiting its crimes, believing that they, too, would not be held accountable. Each step along the way erodes the rule of law and elevates the political class above accountability. How bad must it get before we stop hearing these justifications for full fledged assaults against the Constitution and the rule of law. Mr Bush, Rumsfeld, Gonzalez, Cheney and their immediate entourages should be investigated, prosecuted and should go to jail. This may break the downward spiral that has its roots in the militarized American political system.
How about bipartisan show trial?
Bring in Putin to testify!
Swear in Bill Clinton (again) - this time he tell truth.
Dial up the ghost of Saddam Hussein to get even for the brutal hanging. He can splain how he wuz just a peace loving patron of Sumerian Arts and that Kurds deserved chemicals which were really meant to de louse them from pests Jew Israeli doctors planted in their villages.
Bring in Taliban to 'splain how they wuz really helping womens and childrens murdering ladies for wearing vulgar nail polish.