John Cusack Interviews Law Professor Jonathan Turley About Obama Administration’s War On the Constitution


I wrote this a while back after Romney got the nom. In light of the blizzard of bullshit coming at us in the next few months I thought I would put it out now.

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Now that the Republican primary circus is over, I started to think about what it would mean to vote for Obama…

Since mostly we hear from the daily hypocrisies of Mitt and friends, I thought we should examine "our guy" on a few issues with a bit more scrutiny than we hear from the "progressive left", which seems to be little or none at all.

Instead of scrutiny, the usual arguments in favor of another Obama presidency are made: We must stop fanatics; it would be better than the fanatics—he's the last line of defense from the corporate barbarians—and of course the Supreme Court. It all makes a terrible kind of sense and I agree completely with Garry Wills who described the Republican primaries as " a revolting combination of con men & fanatics— "the current primary race has become a demonstration that the Republican party does not deserve serious consideration for public office."

True enough.

But yet…

… there are certain Rubicon lines, as constitutional law professor Jonathan Turley calls them, that Obama has crossed.

All political questions are not equal no matter how much you pivot. When people die or lose their physical freedom to feed certain economic sectors or ideologies, it becomes a zero sum game for me.

This is not an exercise in bemoaning regrettable policy choices or cheering favorable ones but to ask fundamentally: Who are we? What are we voting for? And what does it mean?

Three markers — the Nobel Prize acceptance speech, the escalation speech at West Point, and the recent speech by Eric Holder — crossed that Rubicon line for me…

Mr. Obama, the Christian president with the Muslim-sounding name, would heed the admonitions of neither religion's prophets about making war and do what no empire or leader, including Alexander the Great, could do: he would, he assured us "get the job done in Afghanistan." And so we have our democratic president receiving the Nobel Peace Prize as he sends 30,000 more troops to a ten-year-old conflict in a country that's been war-torn for 5,000 years.

Why? We'll never fully know. Instead, we got a speech that was stone bullshit and an insult to the very idea of peace.

We can't have it both ways. Hope means endless war? Obama has metaphorically pushed all in with the usual international and institutional killers; and in the case of war and peace, literally.

To sum it up: more war. So thousands die or are maimed; generations of families and veterans are damaged beyond imagination; sons and daughters come home in rubber bags. But he and his satellites get their four more years.

The AfPak War is more H. G. Wells than Orwell, with people blindly letting each other get fed to the barons of Wall Street and the Pentagon, themselves playing the part of the Pashtuns. The paradox is simple: he got elected on his anti-war stance during a perfect storm of the economic meltdown and McCain saying the worst thing at the worst time as we stared into the abyss. Obama beat Clinton on "I'm against the war and she is for it." It was simple then, when he needed it to be.

Under Obama do we continue to call the thousands of mercenaries in Afghanistan "general contractors" now that Bush is gone? No, we don't talk about them… not a story anymore.

Do we prosecute felonies like torture or spying on Americans? No, time to "move on"…

Now chaos is the norm and though the chaos is complicated, the answer is still simple. We can't afford this morally, financially, or physically. Or in a language the financial community can digest: the wars are ideologically and spiritually bankrupt. No need to get a score from the CBO.

Drones bomb Pakistani villages across the border at an unprecedented rate. Is it legal? Does anyone care? "It begs the question," as Daniel Berrigan asks us, "is this one a "good war" or a "dumb war"? But the question betrays the bias: it is all the same. It's all madness."

One is forced to asked the question: Is the President just another Ivy League Asshole shredding civil liberties and due process and sending people to die in some shithole for purely political reasons?

There will be a historical record. "Change we can believe in" is not using the other guys' mob to clean up your own tracks while continuing to feed at the trough. Human nature is human nature, and when people find out they're being hustled, they will seek revenge, sooner or later, and it will be ugly and savage.

In a country with desperation growing everywhere, everyday — despite the "Oh, things are getting better" press releases — how could one think otherwise?

Just think about the economic crisis we are in as a country. It could never happen, they said. The American middle class was rock solid. The American dream, home ownership, education, the opportunity to get a good job if you applied yourself… and on and on. Yeah, what happened to that? It's gone.

The next question must be: "What happened to our civil liberties, to our due process, which are the foundation of any notion of real democracy?" The chickens haven't come home to roost for the majority but the foundation has been set and the Constitution gutted.

Brian McFadden's cartoon says it all.

Here's the transcript of the telephone interview I conducted with Turley.

JONATHAN TURLEY: Hi John.

CUSACK: Hello. Okay, hey I was just thinking about all this stuff and thought maybe we'd see what we can do to bring civil liberties and these issues back into the debate for the next couple of months …

TURLEY: I think that's great.

CUSACK: So, I don't know how you can believe in the Constitution and violate it that much.

TURLEY: Yeah.

CUSACK: I would just love to know your take as an expert on these things. And then maybe we can speak to whatever you think his motivations would be, and not speak to them in the way that we want to armchair-quarterback like the pundits do about "the game inside the game," but only do it because it would speak to the arguments that are being used by the left to excuse it. For example, maybe their argument that there are things you can't know, and it's a dangerous world out there, or why do you think a constitutional law professor would throw out due process?

TURLEY: Well, there's a misconception about Barack Obama as a former constitutional law professor. First of all, there are plenty of professors who are "legal relativists." They tend to view legal principles as relative to whatever they're trying to achieve. I would certainly put President Obama in the relativist category. Ironically, he shares that distinction with George W. Bush. They both tended to view the law as a means to a particular end — as opposed to the end itself. That's the fundamental distinction among law professors. Law professors like Obama tend to view the law as one means to an end, and others, like myself, tend to view it as the end itself.

Truth be known President Obama has never been particularly driven by principle. Right after his election, I wrote a column in a few days warning people that even though I voted for Obama, he was not what people were describing him to be. I saw him in the Senate. I saw him in Chicago.

CUSACK: Yeah, so did I.

TURLEY: He was never motivated that much by principle. What he's motivated by are programs. And to that extent, I like his programs more than Bush's programs, but Bush and Obama are very much alike when it comes to principles. They simply do not fight for the abstract principles and view them as something quite relative to what they're trying to accomplish. Thus privacy yields to immunity for telecommunications companies and due process yields to tribunals for terrorism suspects.

CUSACK: Churchill said, "The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist." That wasn't Eugene Debs speaking — that was Winston Churchill.

And if he takes an oath before God to uphold the Constitution, and yet he decides it's not politically expedient for him to deal with due process or spying on citizens and has his Attorney General justify murdering US citizens — and then adds a signing statement saying, "Well, I'm not going to do anything with this stuff because I'm a good guy."– one would think we would have to define this as a much graver threat than good or bad policy choices-

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