Election Central | Talking Points Memo | Hillary Promises Systematic Review Of Bush's Hoarding Of Executive Power

Hillary Promises Systematic Review Of Bush's Hoarding Of Executive Power

By Greg Sargent - October 23, 2007, 12:42PM

On the newly-launched Guardian America Web site, editor Michael Tomasky has published an interesting new interview with Hillary. The news in it is that she vows as President to conduct a systematic review of the ways in which the Bush administration has hoarded executive power -- a review, she claims, that could actually cause her to relinquish some of those powers.

Tomasky has also posted a transcript of the interview. Here's the key exchange:

I want to start with some questions about foreign policy and terrorism. If you become president you'll enter the White House with far more power than, say, your husband had. What is your view of this? And what specific powers might you relinquish as president, or renegotiate with Congress -- for example the power to declare a US citizen an enemy combatant?
Well, I think it is clear that the power grab undertaken by the Bush-Cheney administration has gone much further than any other president and has been sustained for longer. Other presidents, like Lincoln, have had to take on extraordinary powers but would later go to the Congress for either ratification or rejection. But when you take the view that they're not extraordinary powers, but they're inherent powers that reside in the office and therefore you have neither obligation to request permission nor to ask for ratification, we're in a new territory here.

And I think that I'm gonna have to review everything they've done because I've been on the receiving end of that. There were a lot of actions which they took that were clearly beyond any power the Congress would have granted or that in my view that was inherent in the constitution. There were other actions they've taken which could have obtained congressional authorization but they deliberately chose not to pursue it as a matter of principle.

I guess I'm asking, can a president, once in the White House, actually give up some of this power in the name of constitutional principle?

Oh, absolutely, Michael. I mean that has to be part of the review that I undertake when I get to the White House, and I intend to do that.

Camp Hillary is clearly happy with the interview, perhaps because it cuts against the power-mad Hillary stereotype and because her condemnation of the Bush-Cheney abuses of executive power will resonate with Dem primary voters.

The promise of a review of these abuses is clearly newsworthy, though unfortunately the interview is short on specific suggestions as to what areas she might be willing to relinquish power in. For instance, asked directly by Tomasky whether AG nominee Michael Mukasey's recent hedging on whether waterboarding constitutes torture would lead her to vote against him, she demurred.

She did say, however, that some of Mukasey's answers "about presidential authority with respect to interrogation" concern her. Of course, the proof of this will reside in her vote, and she's continually stopped short of condemning specific torture techniques.

Read the full interview here.

Comments (243)

CalD wrote on October 23, 2007 12:48 PM:

I'm afraid that to find out the full extent of concentration and abuse of power under the Bush administration, we're going to have to crack open Cheney's safe.

Lorelynn wrote on October 23, 2007 12:50 PM:

She specifically addressed signing statements with the Boston Globe. Here's a clip:

Hillary Clinton said today that if she is elected president, she intends to roll back President Bush's expansion of executive authority, including his use of presidential signing statements to put his own interpretation on bills passed by Congress or to claim authority to disobey them entirely.

"I think you have to restore the checks and balances and the separation of powers, which means reining in the presidency," Clinton told the Boston Globe's editorial board.

While Bush has issued hundreds of signing statements, declarations that accompany his signature on bills approved by Congress, Clinton said she would use signing statements only to clarify bills that might be confusing or contradictory. She also said she did not subscribe to a theory called the "unitary executive" that puts the president's power above that of Congress and the judiciary.

"It has been a concerted effort by the vice president, with the full acquiescence of the president, to create a more powerful executive at the expense of both branches of government and of the American people," she said.

Liberal Larry wrote on October 23, 2007 12:55 PM:

Waterboarding is ineffective, illegal, and WRONG.
Bush-Lite still can't give us a straight answer.

Say NO to torture. Say NO to triangulation.
Say NO to Bush-Lite!

hwc wrote on October 23, 2007 1:11 PM:

liberal larry:

Did you even read the interview?

Here was the question:

I want to shift to a couple of domestic issues. In light of some of Michael Mukasey's comments Thursday on torture and waterboarding, will you vote to confirm him?

Well, I'm gonna look at the entire record of the hearing. His questions in a number of areas raised issues for me, so I have to look closely and see what I should do in terms of voting, and I will be doing that.

hadenough wrote on October 23, 2007 1:19 PM:

Tomasky = Good

TAPPED took a big hit when he left.

Lawrence Jones wrote on October 23, 2007 1:19 PM:

Where does she stand on the excessive secrecy of the Bush administration?

Read for yourselves:

http://www.newsweek.com/id/57351

From the article:

Like other Democratic candidates, she has decried the "stunning record of secrecy" of the Bush administration; her campaign Web site vows to bring a "return to transparency" to government. But Clinton's appointment calendar as First Lady, her notes at strategy meetings, what advice she gave her husband and his advisers, what policy memos she wrote, even some key papers from her health-care task force—all of this, and much more documenting her years as First Lady, remains locked away, most likely through the entire campaign season.

So she criticizes Bush, but acts in a similar fashion. Shocking.

Liberal Larry wrote on October 23, 2007 1:28 PM:

Waterboarding is torture!
We don't need time to think about this.

kjoe wrote on October 23, 2007 2:05 PM:

I think tomasky got played by Clinton. Her response was about the same any democrat running for president or the house of representatives would give---and she is awarded points for being sensibly progressive?

As others have pointed out---the issue of secrecy, whether we are talking about lbj in 1964, or Bush in 2002, or the wag the dog stuff of the nineties not very available from the Clinton library are examples of the most important change we need in the executive branch---truthfulness.

dajafi wrote on October 23, 2007 2:09 PM:

This was, and is, my single biggest concern about Sen. Clinton. I find her sentiments here somewhat reassuring... but I'd feel even better if this comes up again, and again, and again, to the point where she's unambiguously on the record in the belief that the Imperial Presidency and Unitary Executive are constitutionally invalid concepts that she will not further, or even perpetuate, in her administration.

There are plenty of other reasons I still oppose HRC, but this is encouraging to read.

Peter Principle wrote on October 23, 2007 2:35 PM:

"a review, she claims, that could actually cause her to relinquish some of those powers."

Hopefully, she's lying. She's going to need those powers.

Or, as they say in Chicago, don't bring a knife to a gun fight.

NCSteve wrote on October 23, 2007 2:42 PM:

Yes Peter, we absolutely need for presidents of both parties to act the same way. Never mind that it legitimizes the country's steady descent into despotism of the last seven years and pretty much ensures that the U.S. will be just another third world authoritarian shithole by the time Jenna Bush is ready to to take her turn in office. The only thing that's important is that we get in a few good licks in the partisan warfare.

Anonymous wrote on October 23, 2007 2:52 PM:

this is part of her same old strategy, say things which make people feel good, give no details, then do whatever polls best once in office.

why should we get so excited? because she said she would review things when elected? ok, she gets elected, reviews things, and then decides that presidential power is fine where it is.

her arguments also sounded pretty weak. she said "There were a lot of actions which they took that were clearly beyond any power the Congress would have granted or that in my view that was inherent in the constitution."

ok, which ones? please be specific and let us know. also, if bush is doing things clearly beyond the constitution, then why hasn't he been impeached?

colonpowwow wrote on October 23, 2007 2:57 PM:

NCSteve:

Really, I expect better of you than that last post. You're not really comparing Hillary Clinton to Jenna Bush are you? You're starting to lose it, man.

Thank Jah another Roosevelt or Adams isn't running. They sucked didn't they? And so help me, if Eleanor had run on the heels of FDR!

I'm giving up. I can't approach your level of resigned cynicism today.

urbino wrote on October 23, 2007 2:57 PM:

Color me unimpressed. She commits to nothing concrete, criticizes nothing specific, and in general says nothing we could hold her accountable for if she won.

It's doublespeak, pure and undefiled.

If you truly find Pres. Bush's expansion of executive authority unconstitutional (although she's not even willing to use the word), do something about it from your seat in the Senate.

You've been there all this time. You've done nothing.

You're still doing nothing. If you want to be taken seriously on this issue, at least help Sen. Dodd fight the FISA bill (which is no huge step, itself).

Put up or shut up, Senator.

KarenJG wrote on October 23, 2007 2:58 PM:

I have come to believe that if we really want to rein in executive power, we have to elect a Democratic President with a "strong" Republican minority (NOT a majority, because they'll go to far, as they did with Clinton (B).)

Democrats don't seem to be up to the task, even with a (p)Resident of the opposite party.

Dwainster wrote on October 23, 2007 3:02 PM:

Shouldn't all Democrats answer they will only use powers granted to them by the Constitution and not the powers that Bush/Cheney wrongly claim are granted to them by the Constitution? Why allow Bush/Cheney any legitimacy to their unitary executive claims?

sagacious wrote on October 23, 2007 3:13 PM:

I do not beleive a word Hillary says.

When she was running for the NY Senate seat the first time she said she was going to introduce an amendment to change the electoral college.

Of course the hot button issue at the time was how the electoral college threw the race to Bush despite Gore getting the popular vote.

Right now the latest 'hot button' issue Hillary has poll data for must be about Bush's unitary executive abuse.

Hillary is not going to do a darn thing, after all she said when she cast her vote with 'conviction' that the President should have the power to wage war...and she gave it to him.

When asked in an interview about that she talked about how Bill was unable to bomb Bosnia or whatever country that was when the GOP claimed he was 'wagging the dog'....and THAT's why she gave the power to Bush.

She is not going to investigate a darn think..she is a powermongerer and warmongerer....American will be at war endless under a HRClinton administration and should we be so unfortunate to have her elected to the Presidency she will go down in history as the most uncompromising President in U.S. history.

Hillary is not to be trusted. You can tell when she is lying because her lips are moving.

sagacious wrote on October 23, 2007 3:15 PM:

I do not beleive a word Hillary says.

When she was running for the NY Senate seat the first time she said she was going to introduce an amendment to change the electoral college.

Of course the hot button issue at the time was how the electoral college threw the race to Bush despite Gore getting the popular vote.

Right now the latest 'hot button' issue Hillary has poll data for must be about Bush's unitary executive abuse.

Hillary is not going to do a darn thing, after all she said when she cast her vote with 'conviction' that the President should have the power to wage war...and she gave it to him.

Hillary is not to be trusted. You can tell when she is lying because her lips are moving.

Bloix wrote on October 23, 2007 3:21 PM:

It's not enough to say that she won't use signing statements. That leaves the procedure in place for the next Republican. She needs to do something to make sure that the president has an up-or-down veto on legislation and nothing more. She should come out in favor of a constitutional amendment, if necessary.

dajafi wrote on October 23, 2007 3:36 PM:

I don't trust her either--or, at the least, I'll subscribe to the Reagan (?) adage of "trust, but verify." But she's on the record now. And it's the job of all of us to hold her to these sentiments... and, ideally, to get her to reiterate them, louder, and in more detail.

Remember folks, ultimately it has to be our democracy, not theirs.

urbino wrote on October 23, 2007 3:41 PM:

She should come out in favor of a constitutional amendment, if necessary.

Sadly, I think an amendment may very well be necessary. This nonsense has now been legitimized for a substantial minority of Americans, all of whom are concentrated in one party.

That means it's now going to be with us always, like the Laffer curve. It's going to be a constant, ongoing threat to the Constitution until it is decisively ruled out of bounds.

We (the country) could've done that without an amendment, if all the major candidates in both parties had come out and said in no uncertain terms that the Bush theory was clearly unconstitutional and they rejected it totally.

Unfortunately, that hasn't happened. So now this nonsense has been legitimized, and the only way to relegate it to the ash heap of history, where it belongs, may be in a constitutional amendment.

It's a sad and ridiculous reality, but a reality nonetheless.

Chris P. wrote on October 23, 2007 4:05 PM:

In response to the comment from Lawrence Jones, there is a significant mitigating factor in the fact that Hillary's Papers are not currently accessible: the fact that this decision was made by the National Archives staff and there is no suggestion that Hillary or Bill had anything to do with it, unless one buys into spin:

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/14/AR2007081401322.html

I am an archivist and I can tell you, arranging and describing 80 million pages of documents so that they can be used is not an inconsequential task.

phil james wrote on October 23, 2007 4:31 PM:

This is an interesting discussion on Hillary's part, her wanting to do the right thing and roll back executive power. But the thing is you'd have to assume that when she gets the power she will live up to her word. And so it would remain a litmus test for every president thereafter. The point is that it is NOT a matter for HRC to resolve. It is a matter for CONGRESS to resolve. It is the responsibility of Congress to maintain, enforce, and act on abuses of the proper balance of power among the three branches of government. Otherwise we remain shackled to the whim of the president. And the reign of his majesty King George should have disabused us of that ridiculous notion long ago. We should be clear about the powers of the OFFICE of the President, not just who happens to be acting in that capacity at any given time. And those powers need to be kept in check by an equally powerful Congress with the intestinal fortitude to enforce their will. But thanks for your nice thoughts anyway Hillary.

lambert strether wrote on October 23, 2007 4:35 PM:

The bright spot here is that clearly Dodd's defense of the Constitution has caused Hillary to raise her profile on the issue.

But, seriously, who could be fooled by this? There's no detail here at all; if the review concludes "Hey, everything's fine," what do we do? Write a "sternly worded letter"?

If Hillary's really serious, she can join Dodd in the hold on the FISA "reform" bill and on the filibuster, too. NOW is the time to take a stand. We can't even be sure election 2008 will even take place, or that, even if a Democrat wins, they'll be allowed to take office!

Further, why is a review even needed? Surely we know enough NOW?

Where's the plan NOW? She's got a plan for everything else, why not for what's most important? I'll ask here what I asked over at FDL:

0. The Fourth Amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Do you believe that the 21st Century interpretaion of “papers and effects” should be modernized to include mean digital “papers and effects” like email and web traffic?

1. What’s your position on the theory of the unitary executive?

2. Would you rescind all executive orders based on it? Would you halt all court cases brought upon it?

3. What’s your position on signing statements?

4. Would you declare all Bush signing statements null and void, unless specifically declared otherwise?

5. What would you do to restore habeas corpus?

6. Do you believe that the President has the power to declare US citizens “enemy combatants?”

7. What are your views on the restoration of posse comitatus? Would you restore control over the National Guard to the States? Do you believe that there is a role for mercenaries like Blackwater to play in restoring public order domestically, and if so, what is it?

urbino wrote on October 23, 2007 5:27 PM:

8. What is your view of the constitutional role of the vice presidency? To which branch does it belong?

Anonymous wrote on October 23, 2007 5:30 PM:

There's no detail here at all; if the review concludes "Hey, everything's fine," what do we do?

It's even less concrete than that. There's no guarantee anybody outside the WH would even know what the review concluded, or how it was conducted.

NCSteve wrote on October 23, 2007 5:34 PM:

"I am very concerned about some of the things I have been hearing about this so-called 'Ring of Power.' I do not think we will be able to determine the entire truth about it until after we win and find out exactly what use Sauron has been making of it these last seven years. However I absolutely commit to giving the matter close study after I am coronated and based on that study determine whether the Ring should be sent to the Crack of Doom for destruction," used for Good, or, possibly set aside somewhere in case of an emergency."

mkolb wrote on October 23, 2007 6:03 PM:

I shall take Sen. Clinton at her word and say "Bravo".

Where do the other Democratic candidates stand on the review?

urbino wrote on October 23, 2007 6:28 PM:

I shall take Sen. Clinton at her word . . .

But what has she given her word to do? AFAICT, all she's actually said she would do is conduct a review. She says nothing about how thorough or how soon or how open or who will be involved or what she'll do as a result.

She could do almost anything (or almost nothing), do it in secrecy, and legitimately say she's kept her word. Because she hasn't really promised anything.

FreakyBeaky wrote on October 23, 2007 6:48 PM:

For a potential President to say they're willing to give up any excecutive power at all surprises me. I'm surprised any candidate is even bothering to lie about it. Congress and the courts have to rein in the Presidency. That we hope a President will do it shows how weak and pathetic the other two brances have become, and how severely our freedoms are threatened.

DonnaG wrote on October 23, 2007 7:55 PM:

Chris P, archivist says that Hill and Bill have nothing to do with the non-disclosure of archived papers relating to Hillary's role in Bill's administration.

Well, I think this 10-29-07 Newsweek article says that Bill himself ordered the non-disclosure of most of those records:
http://www.newsweek.com/id/57351

I remember also that on Meet the Press a couple of weeks ago, Russert was interviewing Bill Clinton and tried to get Bill to commit to a disclosure of donors to the Clinton Global Initiative as such a disclosure could assure Americans that those donors weren't involved in some quid pro quo with the Clinton power structure. Bill Clinton specifically refused to make such a disclosure BEFORE the election, but sort of lamely added that he might be willing to make that disclosure AFTER the election.

wearenotamused wrote on October 23, 2007 9:20 PM:

Her majesty has indicated she will review Bush's expansion of executive power and relinquish those powers she deems inappropriate. Why is that not enough for her subjects?

Why is it the plebes cannot simply trust Her Highness and be still? After all, she will only retain those powers she wants to retain. Why must they insist on a straigtforward condemnation of the abuse of power and illegal claims of authority made by Bush which the Constitution does not give the President? How picky these commoners have become!

NCSteve wrote on October 23, 2007 9:49 PM:

mkolb,

Obama,for one, doesn't seem to need a review to determine whether he should do the right thing:

"This Administration also puts forward a false choice between the liberties we cherish and the security we demand. I will provide our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our Constitution and our freedom.

That means no more illegal wire-tapping of American citizens. No more national security letters to spy on citizens who are not suspected of a crime. No more tracking citizens who do nothing more than protest a misguided war. No more ignoring the law when it is inconvenient. That is not who we are. And it is not what is necessary to defeat the terrorists. The FISA court works. The separation of powers works. Our Constitution works. We will again set an example for the world that the law is not subject to the whims of stubborn rulers, and that justice is not arbitrary.

This Administration acts like violating civil liberties is the way to enhance our security. It is not. There are no short-cuts to protecting America, and that is why the fifth part of my strategy is doing the hard and patient work to secure a more resilient homeland."

http://www.barackobama.com/2007/08/01/the_war_we_need_to_win.php

Edwards has also been very clear on the subject, but I'll leave it up to his peeps to dig it out.

Btw, serious savaging of Hillary's remarks going on at Kosville.

http://www.dailykos.com/story/2007/10/23/163616/15

phil james wrote on October 23, 2007 11:19 PM:

Here's just a thought, Hill. While you are a member of the very same Congress that is supposed to be checking the abuse of power by this president, and a member of the majority at that, why don't you initiate a movement to do what Congress is supposed to be doing to rein him in NOW rather than waiting until 2009 to do your promised retrospective? Seems to me the time to attempt putting out the fire is while the house is still burning, wouldn't you agree?

Kitty wrote on October 24, 2007 5:28 AM:

Well said, Phil.
Have the polls say we favor her wearing purple & green... we'll see Barney at every debate and stump stop.

HRC's response to most questions are along the lines of: she'll 'have to review that thoroughly' or ' I have to look into that'!

Tomasky's question was clear enough, but she's so busy with her 'pointing fingers' canned response ["And I think that I'm gonna have to review everything they've done..."] to say what SHE will do. I see your lips moving Hill, but all I hear is 'blah blah blah'.

And like phil james, I have to wonder... if you're not doing it now, why do it THEN? Besides, a WOMAN prez will need all a dem powers (but I'm sure the Congressional House would regain their 'cents' if a woman prez got too outta control).

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