Blinded Justice
A BOSTON GLOBE EDITORIAL
12/18/2001
PRESIDENT BUSH SOUGHT to hoodwink the House Government Reform Committee and the American public last week when he invoked executive privilege to thwart a congressional investigation of abuses in the Boston FBI office. But Dan Burton, the Indiana Republican who heads the committee, refused the blindfold and accused the president of ''dictatorial'' tendencies.
Burton spoke for many Massachusetts residents who demand a full accounting of how the FBI knowingly allowed four local men - two of whom, Joseph Salvati and Peter Limone, are still alive - to be sent to jail on perjured testimony for a 1965 murder and how mobster James ''Whitey'' Bulger thrived with the protection of FBI handlers while allegedly killing 19 people during the 1970s and 1980s.
Back then the US Justice Department had the craven habit of deferring to rogue FBI agents. Now Justice Department lawyers are running interference for an administration that seeks to enlarge the curtain of secrecy over government proceedings, whether it covers the government's use of mob informants or plans for military tribunals to try suspected terrorists.
The motives as well as the methods of the Bush administration deserve careful attention. The wording of Bush's executive privilege memorandum is so vague that it could be applied to nearly any criminal investigation or general inquiry. Congressional access to documents is dismissed as a politicization of the criminal justice process rather than an important source of unedited information about key public issues, including government misconduct.
Could the president cite privilege to block attempts by the Government Accounting Office or Congress to determine which energy industry officials met with Vice President Cheney to formulate energy policy? It seems that anything goes under the new executive privilege policy.
Thankfully, members of Congress are willing to stand up to the president. Representative William Delahunt, a Quincy Democrat and former district attorney, told the committee that he and his colleagues are not about to relinquish legislative oversight of the executive branch, regardless of the political climate.
''We all support the administration's efforts to address the current emergency,'' said Delahunt. ''But we cannot prevail in our fight against foreign tyranny by scrapping the checks and balances that preserve us from tyranny here at home.''
The president is forcing a constitutional confrontation with Congress. Republicans and Democrats should join in the defense of accountable and transparent government, whether on the floors of Congress or in America's courtrooms.
This story ran on page A22 of the Boston Globe on 12/18/2001. © Copyright 2001 Globe Newspaper Company.
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