Molly Ivins is mad

The day the Constitution died

When, in future, you find yourself wondering, "Whatever happened to the Constitution?" you will want to go back and look at June 8, 2004. That was the day the attorney general of the United States -- a.k.a. "the nation's top law enforcement officer" -- refused to provide the Senate Judiciary Committee with his department's memos concerning torture.

In order to justify torture, these memos declare that the president is bound by neither U.S. law nor international treaties. We have put ourselves on the same moral level as Saddam Hussein, the only difference being quantity. Quite literally, the president may as well wear a crown -- forget that "no man is above the law" jazz. We used to talk about "the imperial presidency" under Nixon, but this is the real thing.

When members of the Senate Judiciary Committee questioned Ashcroft about his department's input, he simply refused to provide the memos, without offering any legal rationale.

Another memo written by former Assistant Attorney General Jay S. Bybee, now a federal appeals court judge in California, establishes a basis for the use of torture for senior Al Qaeda operatives in custody of the CIA.

Among the legal memos that circulated within the administration in 2002, one is by White House counsel Alberto Gonzalez, famously declaring the Geneva Convention "quaint," and another from the CIA asked for an explicit understanding that the administration's public pledge to abide by the spirit of the Geneva Convention did not apply to its operatives. The only department consistently opposing these legal "arguments" was State.

The damage is incalculable. When America puts out its annual report on human rights abuses, we will be a laughingstock. I suggest a special commission headed by Sen. John McCain to dig out everyone responsible, root and branch. If the lawyers don't cooperate, perhaps we should try stripping them, anally raping them and dunking their heads under water until they think they're drowning, and see if that helps.