corrente

Dana Priest has an article in WaPo that focuses on the chain of custory of the Bush torture memos. However, from the standpoint of restoring constitutional government in this country, it's far more interesting to follow the notion of the so-called "inherent authority" of the occupant of the Oval Office to set aside the law. After all, authorizing torture is one move in the game; Presidential rule of decree is the very game itself. Looking at Priest's story from that angle:

Although the White House repudiated the [Aug. 1, 2002 memo justififying torture and the "inherent authority of the Executive to set aside the law] as the work of a small group of lawyers at the Justice Department...
(via WaPo)

Gee, "bad apples," huh? Handwriting of The Fog Machine, rule #4 (back): "Subordinates are sacrificed to protect superiors".

... administration officials now confirm it was vetted by a larger number of officials, including lawyers at the National Security Council, the White House counsel's office and Vice President Cheney's office.

The memorandum was drafted by the Justice Department's Office of Legal Counsel... The legal opinion was signed by Jay S. Bybee, then head of the office and now a federal judge.

Way to work that confirmation process, Senate Democrats!

The office consists mainly of political appointees and is considered the executive branch agencies' legal adviser. Memos signed by the head of the office are given the weight of a binding legal opinion.

Fox, meet henhouse....

A Justice Department official said Tuesday at a briefing that the office went "beyond what was asked for," but other lawyers and administration officials said the memo was approved by the department's criminal division and by the office of Attorney General John D. Ashcroft.

In the few free moments they can spare from hunting down pornographers.

In addition, Timothy E. Flanigan -- then deputy White House counsel -- discussed a draft of the document with lawyers at the Office of Legal Counsel before it was finalized, the officials said. David S. Addington, Cheney's counsel, also weighed in with remarks during at least one meeting he held with Justice lawyers involved with writing the opinion. He was particularly concerned, sources said, that the opinion include a clear-cut section on the president's authority.

And now comes the money quote:

That section of the memo has become among the most controversial within the legal community that has analyzed the opinion since it was made public by The Washington Post. During Tuesday's briefing, White House counsel Alberto R. Gonzales called the commander in chief section "unnecessary."

Not "wrong." "Unnecessary." My God.