Sunday, November 11, 2007

Does George Voinovich Believe in the Rule of Law?

Okay, so this is not exactly a surprise, but Senators Brown and Voinovich split on the nomination of Michael B. Mukasey to be Attorney General. One of the more depressing things about Voinovich's support of Bush's agenda over the last several years is the fact that Voinovich is a lawyer and yet seems unconcerned about the assault on the rule of law by the Bush Administration.

Since 9-11 the Bush Administration has claimed the right to conduct survelliance without a warrant; hold an American citizen indefinitely without bringing a charge against him in court; send people to foreign countries to be tortured; and conduct interrogations using methods that are considered torture were they to be done by American military personnel. Through all of this George Voinovich has said little if anything.

All of these practices are assaults on the rule of law. The rule of law includes "the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process." All of the practices described above are assaults on the rule of law in the United States.

One of the exciting things for those of us who are attorneys has been the role of lawyers in confronting the acts of General Pervez Musharraf in Pakistan. At no small risk to themselves, Pakistani lawyers and judges have resisted the attempt of General Musharraf to set aside the law in his quest to stay in power. These lawyers and judges are willing to put their "money where their mouths are" when it comes to defending the rule of law in Pakistan.

Contrast that with the actions of lawyers like Voinovich who are willing to help Bush set aside the rule of law in the United States. When George Voinovich was sworn in as an attorney, he took an oath to uphold and support the Constitution of the United States. How does he square that oath with his support of this administration?

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