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Glenn Greenwald on Power Grabs, Fighting Executive Privilege

Glenn Greenwald

Monday, September 17, 04:00

In a Constitution Day conference call, blogger and author Glenn Greenwald addressed politics, presidential power-grabs and the foundations of Constitutional liberty. The focus was on restoring habeas rights and overcoming claims of executive privilege. But the call also touched on Congressional inertia, the role of the Supreme Court and Bush’s latest nominee for attorney general.

Too many Democrats have developed an attitude of “we don’t want to do anything to rock the boat” that might jeopardize 2008 elections, Greenwald said. “If that means letting things slide for the next 12 months…so be it.” Why? “Their consultants tell them they cannot stand up to the president on national security.”

“It’s important that we back them up and let them know their consultants are wrong,” added interviewer Cenk Uygur of Air America.

Uygur pressed Greenwald on the role of the divided Supreme Court. Compared to Congress, “the Supreme Court has become mildly more assertive about imposing limits on the executive,” Greenwald said. But it moves at a “glacial” pace.

The court will hear a challenge to last year’s Military Commissions Act, which eliminated habeas rights. “Our most basic liberties are hanging by a thread,” Greenwald said.

In response to listener questions, Greenwald said journalists and political leaders have “acquiesced” to civil liberties takeaways. “I don’t think there has been a comparable period” in U.S. history, he said.

On whether Congress should impeach George Bush: “I think the Congress is so far away from impeachment under circumstances that clearly justify it…. Impeachment is a Constitutional tool but it’s also a political weapon.”

New attorney general nominee Michael Mukasey “is a very conservative judge and certainly embraces” the Bush administration’s theory of executive power, but “as attorney general he will follow the law even when he dislikes the outcome,” Greenwald predicted.

Could a future president limit his or her own power? “It’s contrary to [their] instincts,” Greenwald said.

Asked on the differences between Democratic candidates on executive power, Greenwald said, “They’ve been allowed to get away with buzz phrases.”

“I would be really surprised if Hillary Clinton were interested in power,” Uygur quipped.

Missed the call? Hear it now (59 min.)

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About Glenn: Glenn Greenwald is a former constitutional law and civil rights litigator in New York who writes the Unclaimed Territory blog at Salon.com. He is the author of two New York Times bestsellers: “How Would a Patriot Act?” his 2006 critique of the Bush administration’s abuse of executive power, and A Tragic Legacy, a look at the Bush presidency.

Cenk UygurAbout Cenk: Cenk Uygur is co-host of “The Young Turks,” the new morning show for Air America Radio, 6-9AM/ET. An irreverent take on politics, pop culture, and news, “The Young Turks” has grilled Senate Majority Leader Harry Reid, DNC Chair Howard Dean, actor Matt Dillon, Brian Williams of NBC News, and many others. Uygur has a law degree and founded “The Young Turks” on Sirius Satellite Radio, where it was the network’s first original talk show. The show can now be heard on XM Satellite Radio, as well as, your local Air America station. Visit the show’s website.

About Constitution Day: Yes, it’s an official federal holiday that recognizes the ratification of the U.S. Constitution. It’s observed every year on September 17th, the day the U.S. Constitutional Convention signed the Constitution in 1787. We’ll do the math for you: Happy 220th! The law establishing the holiday was created in 2004.