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“My Oath Is To The Constitution, Not To The President”

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July 3, 2008

David Iglesias is making the talk show circuit, promoting his recent book: In Justice.  The book provides an insider’s account of the scandal involving the politicization of the Justice Department under the Administration of non-attorneys George W. Bush and Dick Cheney.  As I have said before, these two men have little regard for our Constitution because they know little about it and they have contempt for our courts because they know almost nothing about the law or the concepts of justice and due process.  Bush/Cheney made a point of having culls run Justice:  John Ashcroft, who (surprisingly) to his credit, was not trusted by them to authorize their FISA bypass, so they tried to have him authorize it while he was in the hospital, under sedation.  Once Alberto Gonzalez became Attorney General, we had someone in charge of the Justice Department, who was even more subservient to the whims of non-attorneys Bush and Cheney.  This resulted in what history will view as the most disgraceful abuse of the Justice Department as Soviet-style enforcers of political allegiance to the party-in-charge.  David Iglesias and at least six other important federal prosecutors, who had devoted their careers to fighting organized crime, terrorism and (oops!) corporate fraud, were summarily terminated by Bush-Cheney for failure to align their missions with the political vendettas of this administration.  The title Iglesias chose for his book was an obvious reference to the widespread opinion that the Bush Administration had changed the Justice Department to the Injustice Department.

David Iglesias explained to Tavis Smiley that an underlying theme throughout his book was that as a federal prosecutor, he understood his oath of office as to support the Constitution of the United States, despite the Bush Administration’s mandate that a prosecutor’s highest obligation was to support the President.

This theme is particularly timely in light of the recent dispute arising from the appearance of retired General Wesley Clark on the CBS News program, “Face The Nation” on June 29.  During that conversation, Wesley Clark, in his vanity, forgot that it was actually Barack Obama running as the Democratic Party’s candidate for President, rather than himself.  Clark expressed a rationale that only Commanding Officers, such as himself, had the type of military experience to qualify one for the Presidency.  He tactlessly contrasted this with the experience of John McCain, who was shot down as a fighter pilot and was held for years as a POW in the Hanoi Hilton.  When asked by Dan Abrams on MSNBC’s “The Verdict”, to explain his minimization of McCain’s sacrifice, Clark again reinforced his position that only Commanding Officers, such as himself, had the type of military experience to be qualified for the Presidency.  The McCain camp made the most they could of this denigration of the Republican candidate’s service.  Barack Obama found it necessary to distance himself from Clark’s comments on this subject.

The McCain camp then targeted Virginia Senator Jim Webb, for his remarks to Keith Olbermann on MSNBC’s “Countdown” show of June 30.  During that interview, Webb pointed out that:

We need to make sure that we take politics out of service.  People don’t serve their country for political issues and John McCain is my longtime friend and if there is one area I would ask him to calm down on it is: don’t be standing up and uttering your political views and implying that all the people in the military support them because they don’t, any more than when the Democrats had political issues during the Vietnam war.  Let’s get politics out of the military, take care of our military people and have our political arguments in other areas.

McCain’s claim was that this was another attack on his service in the Vietnam War.  Nevertheless, we can see that Webb was attempting to distinguish a soldier’s obligation to the President (or in this case, a Presidential candidate) from a soldier’s obligation to defend our Constitution.  The oath of enlistment for people serving in the military is as follows:

I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. (So help me God.)

Although military personnel are bound by their oath to follow the orders of the President, in accordance with regulations and the Uniform Code of Military Justice, their primary duty is to support and defend the Constitution.  When McCain takes for granted that those serving in the military will support his entire political agenda, he is mistaken.  Their oath does not require it, nor could he enforce such compliance if elected President.

What is actually going on with all of this is that the Obama camp is out to “level the playing field” with respect to Obama’s lack of military experience.  McCain’s delusion that he can speak for all the troops and that they are aligned with his entire political agenda is the “Achilles heel” where the Democrats are directing their fire to achieve their goal.  “McCain doesn’t speak for all the troops” is the argument that will pay off when the pollsters focus on the Presidential choices of those in uniform.

As an aside, it’s only fitting that at a time so close to the day we celebrate our Independence, we can celebrate the rescue of former Colombian presidential candidate Ingrid Betancourt from the FARC rebels.  My Colombian friends and I thought she had been killed several years ago.  Let’s all make a toast to Ingrid when we think about freedom this year!