This month, I spoke at an event commemorating the 40th anniversary of the Watergate scandal with some of its survivors at the National Press Club. While much of the discussion looked back at the historic clash with President Nixon, I was struck by a different question: Who actually won? From unilateral military actions to warrantless surveillance that were key parts of the basis for Nixons impending impeachment, the painful fact is that Barack Obama is the president that Nixon always wanted to be.Four decades ago, Nixon was halted in his determined effort to create an “imperial presidency” with unilateral powers and privileges. In 2013, Obama wields those very same powers openly and without serious opposition. The success of Obama in acquiring the long-denied powers of Nixon is one of his most remarkable, if ignoble, accomplishments. Consider a few examples:
Nixon’s use of warrantless surveillance led to the creation of a special court called theForeign Intelligence Surveillance Court (FISA). But the reform turned out to be more form than substance. The secret court turned “probable cause” into a meaningless standard, virtually guaranteeing any surveillance the government wanted. After hundreds of thousands of applications over decades, only a couple have ever been denied.
Last month, the Supreme Court crushed any remaining illusions regarding FISA when it sided with the Obama administration in ruling that potential targets of such spying had to have proof they were spied upon before filing lawsuits, even if the government has declared such evidence to be secret. That’s only the latest amongdozens of lawsuits the administration has blocked while surveillance expands exponentially.
Unilateral military action
Nixon’s impeachment included the charge that he evaded Congress’ sole authority to declare war by invading Cambodia. In the Libyan “mission,” Obama announced that only he had the inherent authority to decide what is a “war” and that so long as he called it something different, no congressional approval or even consultation was necessary. He proceeded to bomb a nation’s capital, destroy military units and spendmore than a billion dollars in support of one side in a civil war.