The trial of Lewis “Scooter” Libby, Vice President Cheney’s former chief of staff, is quite a show. However, it may be one trial journalists would prefer didn’t occur.

As Judith Miller, who spent 85 days in for refusing to provide her sources to Special Prosecutor Patrick Fitzgerald, it’s not a pleasant experience being cross-examined, as her credibility is being tested by the defense.

“Nobody’s going to come out of this looking good,” says Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. “People are going to see the reporting process isn’t precise. The one thing this case has done is reveal how political journalism works in D.C., and it’s a lot like a sausage factory.”

Sausage factory indeed! Not precise? Hear! Hear!

President Bush recently stated he is the “decision maker.” Arlen Spector (R-PA) and other members in Congress dispute this. Unfortunately, the new Congress is so power driven they are failing to understand the United States Constitution and their duties relating to war or foreign conflicts.

The Constitution gives the President primary responsibility for defending national interests; he is the nation’s chief executive and commander in chief of the United States armed forces. 

As non-binding resolutions are debated and voted on in Congress, the President has the constitutional authority to ignore them. Only if Congress withdraws funding for the Iraqi war, the President would be justified in refusing to comply with an resolutions set forth my Congress.

James Madison noted in the Federalist Papers:

“the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others.”

Congressional Military Authority:

• Congress has the power to declare war.
• Congress has the power to prescribe rules governing military discipline.
• Congress has the power of regulating the capture of enemy property.
• Congress determines the size of the federal military establishment and what weapons it can buy.
• Congress may withhold funds for an ongoing war or conflict.

Presidential Military Authority:

• President’s have the power to prosecute a war.
• President’s have the power to make decisions about how many of the available forces to introduce into a theater of conflict.
• President’s are responsible for all tactical, operational and strategic decisions involved in war fighting.

Settled Law:

Supreme Court Mexican War case, Fleming v. Page (1851):

“as commander in chief, he is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy.”

Ex parte Milligan (1866) Chief Justice Salmon P. Chase stated:

“Congress cannot direct the conduct of campaigns.”

Ther framers of the constitution gave Congress the power to “declare” war not “make” war. During the Constitutional Convention, Maine Delegate Rufus King stated:

“‘make’ war might be understood to ‘conduct’ it which was an Executive function.”

Congress is busy with bluster and puffing, attempting to undermine the Constitutional authority of President Bush. Democrats and many Republicans are placing politics ahead of troop moral, military strategy, Executive Branch powers and the United States Constitution.

Citizens Against Government Waste (CAGW) named freshman Sens. Sherrod Brown (D-Ohio), Ben Cardin (D-Md.), Bob Casey (D-Pa.), Amy Klobuchar (D-Minn.), Claire McCaskill (D-Mo.), Bernie Sanders (I-Vt.), and Sheldon Whitehouse (D-R.I.) Porkers of the Month for voting to table, or kill, an amendment to strengthen earmark provisions in the Legislative Transparency and Accountability Act of 2007 (S. 1).

The original definition of “earmark” in S. 1, the Senate’s ethics reform package, covered only about 5 percent of projects, making it an impotent reform.  Sponsored by Sen. Jim DeMint (R-S.C.), S. Amdt. 11 broadened the definition of “earmark” to include projects in report language and those for federal agencies.

Sen. DeMint based his definition of “earmark” on the House rules changes passed on January 4 under Speaker of the House Nancy Pelosi (D-Calif.).  Majority Leader Harry Reid (D-Nev.) defended the Senate language on the grounds that his staff had worked really hard at it and the House did not know what it was doing.

The Senate rejected Majority Whip Dick Durbin’s (D-Ill.) motion to table the DeMint amendment by a vote of 46-51.  The other three Senate freshmen, Sens. Bob Corker (R-Tenn.), Jon Tester (D-Mont.) and Jim Webb (D-Va.), voted against Sen. Durbin and with Sen. DeMint.  By voting to kill the DeMint amendment, the seven Porkers were voting for the status quo and against transparency and accountability.

Corruption played a pivotal role in the 2006 elections, and the 110th Congress has a clear mandate for ethics reform and fiscal restraint.  The secrecy of earmarks encourages widespread waste and abuse.  Former Rep. Randy “Duke” Cunningham (R-Calif.) is in jail for taking bribes in exchange for earmarks while other members of Congress are being investigated for allegedly profiting from earmarks or directing earmarks to campaign contributors, including House Appropriations Committee Ranking Member Rep. Jerry Lewis (R-Calif.) and Commerce, Justice, Science, and Related Agencies Subcommittee Chairman Alan Mollohan (D-W.Va.).

In fiscal 2006, pork-barrel spending ballooned to 9,963 projects costing a record $29 billion, as documented by CAGW’s Congressional Pig Book.  Projects included $1,000,000 for the Waterfree Urinal Conservation Initiative and $500,000 for the Sparta Teapot Museum in Sparta, N.C.

Although both sides eventually came to a compromise and a revised amendment was passed unanimously a few days later, the freshmen senators used their fifth vote in Congress to try to keep earmarks in the dark.  For failing to live up to campaign promises to reform earmarks or eliminate corruption and attempting to preserve a giant loophole in earmark reform legislation, CAGW names the seven freshmen senators who voted to kill the DeMint earmark amendment its Porkers of the Month for January 2007.

Citizens Against Government Waste is the nation’s largest nonpartisan, nonprofit organization dedicated to eliminating waste, fraud, abuse, and mismanagement in government.  Porker of the Month is a dubious honor given to lawmakers, government officials, and political candidates who have shown a blatant disregard for the interests of taxpayers.