Lessons In Non-Governance

In the wake of today’s long-overuse resignation of Alphonso Jackson as HUD secretary, allow me to bring to you this editorial from yesterday’s New York Times…

President Bush likes to talk about not being swayed by public opinion, especially the views of Democrats. At a news conference last December, he said the most important criterion for picking a president is “whether or not somebody’s got a sound set of principles from which they will not deviate as they make decisions.”

Unhappily for the country, we have learned that Mr. Bush has no idea when standing on principle becomes blind stubbornness and then destructive obsession. So it goes with his choice to run the Justice Department’s Office of Legal Counsel, Steven Bradbury.

In a lower job in that office, Mr. Bradbury signed off on two secret legal memos authorizing torture in American detention camps. The first approved waterboarding, among other things. When Congress outlawed waterboarding, the other memo assured Mr. Bush that he could ignore the law.

Mr. Bradbury is widely viewed on both sides of the aisle as such a toxic choice that he will never be confirmed. The Senate has already refused to do so twice. Still, Mr. Bush clings to this lost cause, snarling the confirmation process for hundreds of nominees and crippling parts of the federal regulatory apparatus.

The head of the Office of Legal Counsel is one of the most important jobs in the Justice Department, charged with telling the executive branch whether it is acting legally. His advice is supposed to be based on the law, not the party line.

Mr. Bradbury, however, continues to defend his cynical memos, and the odious practices they blessed. In a Senate hearing, he tried to justify the way the Central Intelligence Agency does waterboarding by comparing it with the Japanese military’s World War II practice of forcing prisoners to drink huge amounts of water and then jumping on their stomachs.

Human rights experts say the Bush and Bradbury-approved method of waterboarding — strapping down a prisoner under gushing water to make him fear drowning — puts the United States in the company of the Khmer Rouge in Cambodia, the French in Algeria and the security services of the Burmese dictatorship. There is certainly no comfort in that.

When Mr. Bush refused to withdraw the Bradbury nomination, the Senate’s Democratic leaders decided to stop processing other controversial nominations. Senator Harry Reid, the majority leader, twice offered to resume confirmations and compromise on candidates if Mr. Bush withdrew Mr. Bradbury — and forwarded the names of six Democrats chosen for bipartisan panels like the Federal Election Commission. The White House refused, and Mr. Reid took to keeping the Senate in pro forma sessions during vacations to prevent Mr. Bush from making a recess appointment of Mr. Bradbury and other objectionable choices.

At this point, according to a review by Politico.com, the election commission, the Consumer Product Safety Commission, the Mine Safety and Health Review Commission, the Chemical Safety and Hazard Investigation Board and the National Labor Relations Board do not have enough members to do their jobs. Scores of federal judgeships are vacant. The Council of Economic Advisers is down to one adviser.

This is bad for the country. Mr. Bush should withdraw Mr. Bradbury’s nomination, replace him at the Justice Department with someone committed to upholding the law and take Mr. Reid’s offer. The president’s hyperpartisanship and my-way-or-the-highway arrogance is now close to paralyzing his own administration.

And this is barely on-topic, but speaking of the Khmer Rogue, this is an appreciation in the Times for Dith Pran, a Times photojournalist and partner/friend of Times Southeast Asian correspondent Sydney Schanberg who endured “The Killing Fields” of Cambodia in the late 1970s (the 1984 film with Dr. Haing S. Ngor and Sam Waterston told their story).