Wednesday, January 14, 2009

Obama’s Cheney Dilemma

Cheney pushed for expanded presidential powers. Now that he's leaving, what will come of his efforts? The new president won't have to wait long to tip his hand.

By Stuart Taylor Jr. and Evan Thomas

Dick Cheney, who will step down as vice president on Jan. 20, has been widely portrayed as a creature of the dark side, a monstrous figure who trampled on the Constitution to wage war against all foes, real and imagined. Barack Obama was elected partly to cleanse the temple of the Bush-Cheney stain, and in his campaign speeches he promised to reverse Cheney's efforts to seize power for the White House in the war on terror.

It may not be so simple. At a retirement ceremony recently for a top-level intelligence official, the senior spooks in the room gave each other high-fives. They were celebrating the fact that terrorists have not attacked the United States since 9/11. In the view of many intelligence professionals, the get-tough measures encouraged or permitted by George W. Bush's administration—including "waterboarding" self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed—kept America safe. Cheney himself has been underscoring the point in a round of farewell interviews. "If I had advice to give it would be, before you start to implement your campaign rhetoric, you need to sit down and find out precisely what it is we did and how we did it, because it is going to be vital to keeping the nation safe and secure in the years ahead," he told CBS Radio.

In times of war and crisis, as presidents such as Lincoln and Franklin Roosevelt discovered, the nation needs a strong chief executive. The flaw of the Bush-Cheney administration may have been less in what it did than in the way it did it—flaunting executive power, ignoring Congress, showing scorn for anyone who waved the banner of civil liberties. Arguably, there has been an overreaction to the alleged arrogance and heedlessness of Bush and Cheney—especially Cheney, who almost seemed to take a grim satisfaction in his Darth Vader-esque image. The courts, at first slow to respond to arrogations of executive power after September 11, have pushed back. Many federal officials have grown risk-averse, fearing that they will be prosecuted or dragged before a congressional committee for fighting too hard against terrorism. (A growing number of CIA officials buy insurance policies to cover legal fees.)

http://www.newsweek.com/id/178855

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