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Jewish World Review May 3, 2000 / 28 Nissan, 5760

David Limbaugh

David Limbaugh
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Congress caves to
Clinton, again? -- EVERY TIME congressional Republicans fail to match their actions with their rhetoric, they lose precious credibility with the grass roots. That's one among many reasons they must follow up on their pledge to hold hearings on the government's seizure of Elian Gonzalez.

Following the government's raid, Republican lawmakers scheduled a hearing, and subpoenaed from Justice all documents related to the raid. When Justice said it couldn't meet the 24-hour deadline to provide the documents, Senate Republicans didn't utter the slightest displeasure, and acted almost relieved to have discovered an escape route.

The wires speculate that Republicans lost their nerve after learning of polls showing overwhelming public disapproval of the hearings. I don't want to believe that this is purely a matter of political expediency for Republicans. But it might as well be, in terms of how their retreat will be perceived.

Can you imagine what would happen to our judicial system if a judge dismissed a case against a defendant because he failed to comply with a discovery deadline? Would that not be an invitation to all defendants to disregard court orders on the expectation that they would thereby be released from the suit?

Congressional Republicans have lost much respect since the Contract with America, their major triumph after taking control of both houses of Congress. I hear from people all the time who say they are no longer going to vote for Republicans, because they don't fulfill their promises.

But beyond politics, another very important principle is at stake here. Even before the Gestapo raid, Elian had become a symbol of freedom due to the inevitable comparisons between the Communist Cuba he had escaped and the free America where he had attained sanctuary.

As this drama unfolded, the contrasts magnified. Freedom lovers were advocating a freedom-based solution to the problem: a hearing in family court, where Elian's best interests could be adjudicated based on all the evidence. Communist sympathizers (disguised as parental rights' champions) in the Clinton administration were demanding a Communist-like solution: return Elian without a hearing, and with complete disregard for his best interests.

But the raid ushered in a sobering reality to the symbolism. The government's actions before the raid represented the government's efforts to deny one child the precious gift of liberty. The raid transformed that isolated assault into a threat to freedom for all Americans.
This was not just another example of a renegade law-enforcement squad abusing its power. This abuse was orchestrated by the chief executive of the United States, with the full power of his office.

When the entire executive branch is unleashed by presidential edict to commit this kind of mischief, our freedoms are gravely compromised. These freedoms depend on our adherence to the rule of law, a maxim holding that we are a government of laws, not men. This means that no man is above the law, and that government itself is restrained by law. Clinton's raid violated both of these precepts.

But checks and balances don't spring forth automatically. They depend on the integrity, courage and action of those entrusted with their enforcement. If one branch of government refuses to live within its constitutionally prescribed powers, it falls upon the other branches to hold it in check. If they don't, no one else will. If they don't, the president is given a green light to wield his power arbitrarily and commit further abuses, and we gravitate ever closer to tyranny. In terms of damage to the Republic, there is very little difference between a president abusing his power and a Congress abdicating its power -- its duty to hold the chief executive accountable.

The 11th Circuit Court of Appeals is performing its constitutional function of reviewing the matters before it. Now, it's Congress' turn, which brings me back to the subject of hearings.

Congress, irrespective of any negative political fallout, must go forward with hearings into this abominable executive abuse, lest it become a co-conspirator in the assault on our freedoms. The hearings must be focused and as expeditious as possible. If the evidence establishes that the administration violated the law, it must be held accountable, which will be a small step toward vindicating the rule of law and preserving our liberties.

JWR contributor David Limbaugh is an attorney practicing in Cape Girardeau, Missouri, and a political analyst and commentator. Send your comments to him by clicking here.



05/01/00: The resurrection of outrage
04/28/00: A picture of Bill Clinton's America
04/19/00: President Clinton: Teaching children responsibility
04/17/00: Elian, Marx and parental rights
04/12/00: Elian, freedom deserve a hearing
04/10/00:The fraying of America
04/05/00: Noonan: End Clintonism now
04/03/00: Bush: On going for the gold
03/29/00: Phantasma-Gore-ia
03/27/00: Treaties, triggers, tobacco and tyrants
03/22/00: Media to Bush: Go left, young man
03/20/00: Stop the insanity
03/15/00: OK Al Gore: Let's go negative
03/13/00: Deifying of the center
03/08/00: The media, the establishment and the people
03/01/00: McCain's coalition-busting daggers in GOP's heart
02/28/00: Bush's silver lining in McMichigan
02/24/00: A conservative firewall, after all
02/22/00: Bush or four more of Clinton-Gore?
02/16/00: Substance trumps process
02/14/00: The campaign finance reform mirage
02/09/00: President McCain: End of the GOP as we know it?
02/07/00: From New Hampshire to South Carolina
02/02/00: SDI must fly
01/31/00: Veep gores Bradley
01/26/00: The issues gap
01/24/00: GOP: Exit, stage left
01/20/00: Nationalizing congressional elections
01/18/00: Do voters really prefer straight talk?
01/12/00: Media's McCain efforts may backfire
01/10/00: Conservative racism myth
01/05/00: Just one more year of Clintonian politics
01/03/00: McMedia?
12/27/99: Al Gore: Bullish on government
12/22/99: Bradley's full-court press
12/20/99: Bush: Rendering unto Caesar
12/15/99: Beltway media bias
12/13/99: White House ambulance chasing
12/08/99: Clinton's labor pains
12/06/99:The lust for power
12/01/99: In defense of liberty
11/29/99: Are Republicans obsolete?
11/24/99: Say you're sorry, Mr. President
11/22/99: Architects of victory
11/17/99: Trump's tax on freedom
11/15/99: GOP caves again
11/10/99: Triangulation and 'The Third Way'
11/08/99: Sticks and stones
11/03/99: Keyes vs. media lapdogs
11/01/99: Signs of the times
10/27/99: The false charge of isolationism
10/25/99: A matter of freedom
10/20/99: Clinton's mini-meltdown
10/18/99: Senate GOP shows statesmanship
10/13/99: Senate must reject nuclear treaty
10/11/99: Bush bites feeding hand
10/06/99: Jesse accidentally opens door for Pat
10/04/99: Clinton and his media enablers
09/29/99: Reagan: Big-tent conservatism
09/27/99: The Clinton/Gore taint?
09/22/99: Have gun (tragedy), will travel
09/20/99: Hillary's blunders and bloopers
09/15/99: GOP must remain conservative
09/13/99:Time for Bush to take charge, please
09/10/99: Bush's education plan: Dubya confounds again
09/07/99: Pat, savior or spoiler?
09/02/99: Character doesn't matter?
08/30/99: Should we judge?
08/25/99: Dubyah's drug question: Not a hill to die on
08/23/99: Should Dubyah start buying soap ... for all that mud?
08/16/99: 'W' stands for 'winner'
08/11/99: The truth about tax cuts
08/09/99: Hillary: Threading the needle
08/04/99: What would you do?
08/02/99: No appeasement for China
07/30/99: Hate Crimes Bill: Cynical Symbolism
07/26/99: Itís the 'moderates', stupid
07/21/99: JFK Jr. and Diana: the pain of privilege
07/19/99: Smith, Bush and the GOP
07/14/99: GOP must be a party of ideas
07/12/99: Gore's gender gap
07/08/99: Clintonís faustian bargain: our justice
07/06/99: The key to Bush's $36 million
06/30/99: Gore: a soda in every fountain
06/28/99: 'Sacred wall' or religious barrier?
06/23/99: GOP must lead in foreign policy
06/21/99: Crumbs of compassion
06/16/99: Compassionate conservatism: face-lift or body transplant?
06/10/99: Victory in Kosovo? Now What?