Al Gore on "Restoring the Rule of Law"

January 16, 2006

This afternoon, an audience of over 3,000 people at DAR Constitution Hall in Washington, DC heard a powerful speech by former Vice President Al Gore entitled "Restoring the Rule of Law." The event, which was broadcast live by C-SPAN, was co-sponsored by ACS and The Liberty Coalition, a "transpartisan" organization whose member organizations include The American Civil Liberties Union, the American Conservative Union, Amnesty International and Gun Owners of America. Streaming video of Mr. Gore's speech is available, as are his prepared remarks.
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In the speech, the former Vice President roundly criticized the Bush Administration's recently disclosed warrantless domestic surveillanceprogram, saying:

The President and I agree on one thing. The threat from terrorism is all too real. There is simply no question that we continue to face new challenges in the wake of the attack on September 11th and that we must be ever-vigilant in protecting our citizens from harm.

Where we disagree is that we have to break the law or sacrifice our system of government to protect Americans from terrorism. In fact, doing so makes us weaker and more vulnerable.
Once violated, the rule of law is in danger. Unless stopped, lawlessness grows. The greater the power of the executive grows, the more difficult it becomes for the other branches to perform their constitutional roles. As the executive acts outside its constitutionally prescribed role and is able to control access to information that would expose its actions, it becomes increasingly difficult for the other branches to police it. Once that ability is lost, democracy itself is threatened and we become a government of men and not laws.

He argued that openess and oversight of the executive by the judicial and legislative branches make America stronger and safer:

In the words of George Orwell: "We are all capable of believing things which we know to be untrue, and then, when we are finally proved wrong, impudently twisting the facts so as to show that we were right. Intellectually, it is possible to carry on this process for an indefinite time: the only check on it is that sooner or later a false belief bumps up against solid reality, usually on a battlefield."

Whenever power is unchecked and unaccountable it almost inevitably leads to mistakes and abuses. In the absence of rigorous accountability, incompetence flourishes. Dishonesty is encouraged and rewarded.

He called for a series of specific actions:

I endorse the words of Bob Barr, when he said, "The President has dared the American people to do something about it. For the sake of the Constitution, I hope they will."

A special counsel should immediately be appointed by the Attorney General to remedy the obvious conflict of interest that prevents him from investigating what many believe are serious violations of law by the President. We have had a fresh demonstration of how an independent investigation by a special counsel with integrity can rebuild confidence in our system of justice. Patrick Fitzgerald has, by all accounts, shown neither fear nor favor in pursuing allegations that the Executive Branch has violated other laws.
Republican as well as Democratic members of Congress should support the bipartisan call of the Liberty Coalition for the appointment of a special counsel to pursue the criminal issues raised by warrantless wiretapping of Americans by the President.
Second, new whistleblower protections should immediately be established for members of the Executive Branch who report evidence of wrongdoing-especially where it involves the abuse of Executive Branch authority in the sensitive areas of national security.
Third, both Houses of Congress should hold comprehensive-and not just superficial-hearings into these serious allegations of criminal behavior on the part of the President. And, they should follow the evidence wherever it leads.
Fourth, the extensive new powers requested by the Executive Branch in its proposal to extend and enlarge the Patriot Act should, under no circumstances be granted, unless and until there are adequate and enforceable safeguards to protect the Constitution and the rights of the American people against the kinds of abuses that have so recently been revealed.
Fifth, any telecommunications company that has provided the government with access to private information concerning the communications of Americans without a proper warrant should immediately cease and desist their complicity in this apparently illegal invasion of the privacy of American citizens.
Freedom of communication is an essential prerequisite for the restoration of the health of our democracy.
It is particularly important that the freedom of the Internet be protected against either the encroachment of government or the efforts at control by large media conglomerates. The future of our democracy depends on it.

He closed by quoting Dr. Martin Luther King, Jr.:

"Perhaps a new spirit is rising among us. If it is, let us trace its movements and pray that our own inner being may be sensitive to its guidance, for we are deeply in need of a new way beyond the darkness that seems so close around us."