Paul Craig Roberts: How Republicans created executive branch hegemony

Mukasey gave House Speaker Nancy Pelosi and the majority Democrats in Congress the finger and refused to refer the House of Representatives charges against the two Bush Regime operatives to a federal grand jury for investigation. Following the now established practice by the Bush Regime, Mukasey told the speaker of the House that members of the executive branch are above the law and are not accountable to the US Congress, formerly a co-equal branch of government under the US Constitution in the days now past when the executive branch felt obliged to abide by the Constitution.

Mukasey boldly asserted in his letter to Congress that Miers and Bolton are immune from congressional subpoenas and, thereby, their "noncompliance did not constitute a crime." According to Mukasey, "The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president's claim of executive privilege." [Mukasey Refuses to Prosecute Bush Aides, By Dan Eggen, Washington Post, March 1, 2008]

The way matters stand in America today, the executive branch can falsely prosecute, frame-up, and imprison members of Congress and governors of states at will, but itself cannot be held accountable to law.

Pelosi herself was instrumental in making the executive branch unaccountable to Congress or to law when she declared impeachment of Bush to be "off the table." This declaration by the speaker of the House has effectively released the Bush Regime from any accountability, just as the Enabling Act released Hitler from any accountability to the Reichstag, the German constitution, or statutory law.

Moreover, the case for impeaching Bush and Cheney — indeed the entire administration — is by far the most powerful and necessary case for impeachment that has ever existed. By declaring Bush unimpeachable, Pelosi is giving away Congress’ only remaining power to prevent tyrannical rule by the executive branch. If Bush is above impeachment, every future president will be as well.

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