executive & legislative privilege, america & mamasapano

it was amazing, and dismaying, how meekly and quickly senator ralph recto stopped with the questions re the extent of american involvement in mamasapano.  just when it was getting interesting.  general napeñas was about to tell us about the drones.

“Your honor, excuse me. May I interject? May I just remind the officer here that he’s already dwelling on matters of diplomatic relations and military intelligence…?” (DOJ Sec) De Lima asked.

Senator Grace Poe, who is presiding over the hearing, agreed that they should be “very careful” in discussing the particulars in a public hearing.

Recto acceded and did not raise further questions.

not a peep of an objection, kahit pabalat-bunga, kahit as a matter of form man lang.

it’s all about “executive privilege.” historically, it’s the executive branch that invokes it to protect military, diplomatic, or national security secrets.  and usually, the legislative branch seriously objects and argues to make public whatever is being kept hidden, even going to the supreme court to settle the issue.

read UST Law Review’s The Doctrime of Executive Privilege by Charmaine Joy R. Savellano.

To be sure, executive privilege is not without limits. One of the recognized limitations is that executive privilege must be invoked only for the “most compelling reasons” such as the need to protect military, diplomatic, or sensitive national security secrets. Moreover, there is a need to balance other interests which might be affected whenever executive privilege is asserted. The Court stressed that “when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises.”

…From watching over the developments of the doctrine of executive privilege, an interesting observation on the pattern or cycle for the assertion of executive privilege, thus: There is an underlying dynamic in most claims of privilege. In the initial stages, the executive has a virtual monopoly of information on the case so a temptation exists to overuse claims of privilege. When controversy persists, however, the administration’s advantages wane. The public assumes dark deeds are being covered up. As informants and information slowly accumulate, politics tends to force executive revelations. The presidency loses on the core issue and reveals the requested information, but looks bad in rejecting candor from the beginning. At the same time, the result is often a Pyrrhic victory for Congress or the courts that engenders a loss of public confidence in all political institutions. Aware of this history and politically attuned, both sides usually strive for some reasonable outcome.

… executive privilege is not a simple concept, not quite. It is rather an intricate concept. Its application can pose myriad of complexities, it is far from being trouble-free. First, because the phrase “executive privilege” is nowhere to be found in the U.S. Constitution and the Philippine Constitution, as well. Second, the public and the other branches have the right to know what is going on in the executive branch. And finally, history would show that Presidents have abused executive privilege to cover-up wrongdoings.

the senate’s abject submission to the claimed confidentiality of US involvement in mamasapano, presumably in deference to american interests, is a historic low for nation.  bad enough that the executive department continues to get away with allowing the foreign military presence without the advantage / benefit of formal treaties AND without sustained opposition from the legislative branch.

worse, now — now that finally hindi na maitatanggi, partly revealed na, ang kinalaman ng america sa mamasapano — we not only have to deal with executive privilege, meron na ring legislative privilege.  congress has clearly taken the side of the president, both houses are turning a deaf ear to the public clamor for the whole truth and nothing but the truth about the president’s, and america’s, hand in mamasapano, and heeding instead the president’s marching orders (or is it advice) to move on, pass the BBL asap.

wala na talagang check-and-balance.  so much for the promise of grace poe. 

people power redux

yes, we are thoroughly appalled by the president’s (mis)handling of mamasapano and distressed by his continuing silence.  it’s as if he’s incognizant of the public outrage, or is he just disdainful of, and so refuses to dignify, the widespread sentiment that he owes the nation an explanation for his actions, and non-actions, and their consequences.

25 ways to say you’re sorry

By Katrina S.S.

I AM not sold on the idea of asking the President to resign.

Because he won’t. And no amount of pressure will make him do it. This is the same man whose government mishandled the preparations for and the aftermath of the strongest storm to ever make landfall in the world. A storm that killed thousands of Filipinos, displaced countless others, ravaged whole towns and provinces. The President and his cabinet did not resign post-Haiyan/Yolanda. Why do we imagine that they’d even resign now?

Read on…

Posted in aquino admin, mindanao

“actionable intelligence”

feb 11 i caught US president barack obama on CNN explaining his admin’s draft resolution to the US congress for authority to use force against ISIL.

OBAMA: If we had actionable intelligence about a gathering of ISIL leaders, and our partners didn’t have the capacity to get them, I would be prepared to order our Special Forces to take action, because I will not allow these terrorists to have a safe haven. [emphasis mine]

the finger, house of reps hearing

watching house of reps hearing on mamasapano on cable tv, and rep  neil tupas tries to do the senate better.  asks napenas about marwan’s finger.  napenas asks for executive session.

tupas:  i want you to answer that… i don’t think it involves national security… i insist! … kanino binigay? saan? kelan?

the finger of marwan

at monday’s senate hearing napeñas said that he didn’t get to see marwan’s finger.  when he asked for it, he was told that it was already on the way to general santos city where FBI agents were waiting.

Posted in america, mindanao, noynoy

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