John Whitehead's Commentary

"The very word 'secrecy' is repugnant in a free and open society; and we as a people are inherently and historically opposed to secret societies, to secret oaths, and to secret proceedings."-- John F. Kennedy

The basis of any democracy is accountability. It likely follows that a democratic government is one which is accountable to the people--and that means being open to the public. Evidently, the Bush Administration skipped class the day that basic lesson was taught.

Over the past six years, Bush and his cohorts, renowned for their lack of transparency and closed-door dealings, have mastered the art of evasive maneuvers and stonewalling tactics. Attorney General Alberto Gonzales' recent testimony before Congress is yet another example of the Administration's assault on basic democratic principles.

On Jan. 18, 2007, when called to respond to questions about the role of a special FISA court in the Administration's highly secretive surveillance program of American citizens, Gonzales offered few answers. For instance, when asked by Sen. Charles Schumer (D-N.Y.) whether he could give Congress some idea of the breadth of the warrants used under the FISA program, Gonzales gave a shallow answer with no substance. He stated, "What I can tell you, Senator, is that they meet the legal requirements under FISA." When pressed for access to the documents relating to the government's agreement with the FISA court, Gonzales resisted and even inferred that the Bush Administration might bar the FISA court from voluntarily releasing information regarding the agreement. This disdain for Congress caused Sen. Patrick Leahy (D-Vt.) to respond, "Are you saying that you might object to the court giving us decisions that you've publicly announced? Are we a little 'Alice in Wonderland' here?"

Gonzales even went so far as to rebuke Congress for daring to seek information about the surveillance program. When all was said and done, Gonzales had spent more than three hours dancing around the questions on the pretext that disclosing details would expose sensitive information on our "national security."

To those familiar with the Bush Administration's modus operandi, this comes as no surprise. This government's efforts to keep information secret from the American people are unparalleled. For example, the Bush Administration has secretly flown suspected terrorists to undisclosed countries around the world which are notorious for torture, secretly spied on Americans' telephone calls and emails and even refused to disclose various secret government programs.

Raising the issue of "national security" has become the mantra of Administration officials seemingly intent on doing an end run around the Constitution. If a real danger of divulging top-secret facts existed, this would be understandable. Everything, however, is not a national security issue. But national security has been the pat answer to avoid questions about everything from Dick Cheney's energy task force meetings to Condoleezza Rice's testimony on events leading up to 9/11. And the American people have been left in the dark, forced to trust an administration whose track record doesn't inspire much in the way of trust.

It's bad enough keeping secrets from the American people. But when the executive branch of government insists on keeping the legislative and judicial branches in the dark as well, it undermines any efforts to maintain accountability. After all, Congress is the ordinary citizen's direct link to the government. Unlike the president, who is elected to be the country's executive, Congress is elected to be the peoples' representation--the eyes and ears of the citizens. Our representatives have to know what's going on in order to govern wisely.

Thus, when non-elected officials like Gonzales refuse to be held accountable to Congress, they refuse to be held accountable to us, we the people. And if they are not accountable to the people, if they are allowed to say "stick it" to the rule of law and our system of checks and balances, then they become a law unto themselves. The result is anarchy. As Supreme Court Justice Louis Brandeis stated, "Our government... teaches the whole people by its example. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."

The Bush Administration is not entirely to blame, however. If they are playing fast and loose with the rule of law, it is only because we, in our ignorance and naivety, have allowed them to do so. Americans are woefully uneducated and shamefully apathetic about the way our democracy is supposed to operate. So perhaps it's time for a quick lesson in basic governmental principles. It goes like this:

We live in a democracy, which literally means "rule from the people." Thus, the people elect representatives who govern according to our rule of law, the Constitution. Because the whole basis of a democracy is openness and accountability, when public officials make decisions, cast votes or debate important issues, they must do those things in the open. Meetings must be open to the public. Public records must be accessible to all citizens. If those running the government aren't open and accountable, they become a law unto themselves and it quickly becomes a lawless government.

In a place like North Korea where there's an authoritarian regime, there is no openness or accountability. But we're not North Korea. And if Americans want to maintain our democracy, they need to hold our public officials' feet to the fire.

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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