Contrary to His Claims, Senator John McCain Is Not a Goldwater Conservative
FindLaw columnist and former counsel to the president John Dean contends that presumptive GOP presidential nominee John McCain's claims to be a conservative in the tradition of Barry Goldwater are far off the mark. Dean, who recently co-authored a book on Goldwater with Goldwater's son, Barry Jr., explains why he believes that Goldwater had negative views of McCain, and contrasts Goldwater's and McCain's views of and approaches to government.
Friday, May. 02, 2008

Why Congress Must Act to Protect Air Passengers: A Lawsuit Brought by Passengers Trapped on the Tarmac Without Basic Necessities Part Two in a Two-Part Series
In Part Two of a two-part series of columns, FindLaw columnist and former counsel to the president John Dean argues that Congress should take quick action in the wake of a decision by the U.S. Court of Appeals for the Second Circuit rejecting New York's bid to protect airline passengers' rights. As Dean notes, the Second Circuit held that New York lacks the power to guarantee basic necessities such as food, water, and functioning toilets for airline passengers stranded for many hours on the tarmac at JFK or LaGuardia airports. Dean explains the implications of the Second Circuit's holding, describes progress in Congress so far, and contends that a federal statute in this area is long overdue.
Friday, Apr. 18, 2008

Airline Passengers, Beware: The Government Does Not Protect Your Rights When You Fly, As a Recent Federal Appellate Decision Attests
In Part One of a two-part series of columns on airline passengers' rights, FindLaw columnist and former counsel to the president John Dean discusses a recent decision of the U.S. Court of Appeals for the Second Circuit. The decision, Dean explains, held that airline passengers' rights are essentially a federal, not a state, concern, and therefore struck down a New York law aimed at protecting passengers. As Dean notes, many passengers who are held captive on the tarmac for many hours without basic necessities such as food, water, and working bathrooms, have felt quite differently -- believing, and arguing in court, that their ordeals fulfill the requirements for the state-law tort of false imprisonment. Dean details the scope and nature of the problem, and calls for Congress to take action.
Friday, Apr. 04, 2008

Barack Obama's Smart Speech "A More Perfect Union": Did It Reveal Him To Be Too Intellectual To Be President?
FindLaw columnist and former counsel to the president John Dean discusses presidential candidate Barack Obama's recent speech about race in America. Dean praises the speech as unusually intelligent and erudite, but raises the question of whether it will be a negative with voters if Obama is perceived as an intellectual. Employing a well-known test that matches written texts with particular grade levels, based on their difficulty and sophistication, Dean notes that Obama's speech scores a 10.5 -- ranking significantly higher than the inaugural addresses of many recent presidents. Dean also contrasts Obama's approach with what he argues has been the anti-intellectualism of many recent Republican candidates and presidents.
Friday, Mar. 21, 2008

Clinton and Obama, or Obama and Clinton: Will There Be a Hollywood Ending to This Dramatic Story?
FindLaw columnist and former counsel to the President John Dean offers an interesting, provocative take on the Clinton/Obama battle for the Democratic nomination, placing it into the classical five-act dramatic structure. Dean suggests that we are currently in the fourth act -- and predicts that the remaining primaries will fail to select a nominee. He also envisions a momentous and potentially suprising fifth act, at the convention, that may well result in an Obama/Clinton or Clinton/Obama ticket.
Friday, Mar. 07, 2008

The New York Times Story Linking John McCain with Lobbyist Vicki Iseman: Should It Have Been Published?
FindLaw columnist and former counsel to the president John Dean discusses yesterday's controversial New York Times story quoting sources claiming that U.S. Senator and presidential candidate John McCain engaged in inappropriate conduct with respect to lobbyist Vicki Iseman. Dean raises questions about the Times's decision to publish the story. However, Dean also questions why, given that both McCain and Iseman have denied the story's claims, neither has sued for defamation or demanded a retraction to date.
Friday, Feb. 22, 2008

How Republicans Have Proven Themselves to Be Bad For a Good Economy
FindLaw columnist and former counsel to the president John Dean contends that Republicans, once the proponents of fiscal austerity, have since the Reagan Administration been far more irresponsible when it comes to the economy than Democrats. He also argues that modern Republicans have betrayed the party's prior small-government, free-trade values.
Friday, Feb. 08, 2008

The Dwindling Republican Business Base: It's the Economy, Stupid
FindLaw columnist and former counsel to the president John Dean contends that the Republican Party is increasingly losing the allegiance of the business community, and for good reason. Offering a historical perspective, Dean notes that of the last eight recessions America has suffered, all but the first, in 1948, occurred during Republican presidencies. In addition, on a number of contemporary issues, Dean argues that the Republican Party's positions have skewed far from those of many in the business community, especially those who run small or mid-sized businesses.
Friday, Jan. 25, 2008

Fixing the Broken Presidential Nomination Process
FindLaw columnist and former counsel to the president John Dean comments on the problems plaguing our presidential nomination process. Dean criticizes the current process as being far too front-loaded and compressed, and giving undue influence to states whose populations do not accurately represent America as a whole. He also contends that this year's primary schedule could not have been worse if it had been designed by a madman, as it creates constant logistical problems for the candidates, forces them to depend on major donors, and fails to serve its purpose of allowing the parties to make reasoned, thoughtful, fair decisions as to who the best possible candidate would be. The solution, Dean contends, is rotating regional primaries.
Friday, Jan. 11, 2008

Footnote on a Political Classic: The Conscience of a Conservative by Barry Goldwater
Who really wrote Barry Goldwater's landmark political tract "The Conscience of a Conservative"? FindLaw columnist and former counsel to the president John Dean says the answer is simple and straightforwad: none other than Goldwater himself. Based on his research into the Goldwater archive, conducted jointly with Barry Goldwater, Jr., Dean cites specific, powerful evidence that rebuts widespread claims that Goldwater did not write the book that bore his name.
Friday, Dec. 28, 2007

Footnote on a Political Classic: The Conscience of a Conservative by Barry Goldwater
Who really wrote Barry Goldwater's landmark political tract "The Conscience of a Conservative"? FindLaw columnist and former counsel to the president John Dean says the answer is simple and straightforwad: none other than Goldwater himself. Based on his research into the Goldwater archive, conducted jointly with Barry Goldwater, Jr., Dean cites specific, powerful evidence that rebuts widespread claims that Goldwater did not write the book that bore his name.
Friday, Dec. 28, 2007

The Investigations of the Destruction of CIA Torture Tapes: How An ACLU Lawsuit Might Force the Bush Administration To Reveal What Actually Happened
FindLaw columnist and former counsel to the president John Dean considers what actions Southern District of New York federal judge Alvin Hellerstein may take regarding the CIA's reported destruction of tapes of detainee interrogations that employed torture. It appears that the CIA should have produced, or at least preserved, the tapes in response to a document request by the ACLU in a case before Judge Hellerstein investigating the treatment of detainees. Though there are ten or more ongoing investigations into the tapes and their destruction, Dean predicts the most fruitful avenue of inquiry of all will center on Judge Hellerstein's courtroom.
Friday, Dec. 14, 2007

The Effort to Change California Election Law, Through an Initiative, to Help the GOP: Why Democrats Should Not Only Fight It, But Also Push For a National Popular Vote Plan
FindLaw columnist and former counsel to the President John Dean discusses the political fight over a California initiative that would change California's system for the allocation of electoral votes. More specifically, if the initiative were to pass, electoral votes would be allocated based on the proportion of votes each presidential candidate receives, rather than according to the current winner-take-all system. Since only two other states have taken this approach, Dean believes this is merely a ploy to get more Republican electoral votes for California, while allowing Republicans still to gain votes from other, winner-take-all Republican-dominated states. He contends that while opposing the initiative, Democrats should also advocate for another proposal, which would ensure that the presidential election result matches the national popular vote, as it failed to do in 2000.
Friday, Nov. 30, 2007

George W. Bush's Presidential Library: Can Democrats Stop Bush and Cheney From Depriving The Library of The Papers They Wish to Keep Secret?
FindLaw columnist and former counsel to the president John Dean explains the disturbing situation regarding the presidential papers of the George W. Bush Administration. Dean notes that through Executive Order 13233, President Bush negated key provisions of the 1978 presidential records law enacted in the aftermath of Watergate. Now, Dean explains, President Bush and Vice President Cheney seem poised to take advantage of the Executive Order to erect a shield of secrecy around their key papers. Dean explains that, while a future president's revised Executive Order would likely not be able to reach the Bush/Cheney papers, Congress still may be able to influence Bush and Cheney to turn them over, if Congress makes the government's funding of the administration of the future library contingent on the full inclusion of all presidential papers.
Friday, Nov. 16, 2007

Political Processes Matter: Although They Are Often Ignored By American News Media, A New British Import Has Addressed The Issue Directly
FindLaw columnist and former counsel to the president John Dean argues that a view that has become conventional wisdom inside the Beltway -- that American voters do not care about political-process issues such as secrecy, bipartisanship, or the violation of longtime procedures -- is dead wrong. Dean also applauds Michael Tomasky, editor of the UK Guardian's new online edition, for going where American journalists generally do not go, to ask candidates about issues of process and power, as Tomasky did in a recent interview with Hillary Clinton.
Friday, Nov. 02, 2007

Why, Even If You Have Nothing To Hide, Government Surveillance Threatens Your Freedom: The Case Against Expanding Foreign Intelligence Surveillance Act Powers
FindLaw columnist and former counsel to the president John Dean argues against Congress's expanding domestic surveillance powers under the Foreign Intelligence Surveillance Act (FISA). In addition, Dean argues that Congress should not immunize those telecoms that cooperated with Bush Administration requests regarding surveillance and may therefore be subject to federal criminal penalties. More generally, Dean draws upon the work of George Washington law professor Daniel Solove to seek to rebut the argument that those who have nothing to hide are not harmed by government surveillance.
Friday, Oct. 19, 2007

Alan Greenspan's Autobiography, and His Decision to Switch Political Parties
FindLaw columnist and former counsel to the president John Dean comments on the content of Alan Greenspan's new autobiography and on Greenspan's decision, which mirrors Dean's own, to switch from being a registered Republican to being an Independent. Dean discusses both Greenspan's reasons for making the switch and Greenspan's promise that he will, nevertheless, be voting Republican in 2008. He also discusses Greenspan's critique of recent Republican actions affecting the budget, the deficit, and the economy.
Thursday, Oct. 04, 2007

The Impact of Authoritarian Conservatism On American Government: Part Three in a Three-Part Series
In this column, the last in a three-part series, FindLaw columnist and former counsel to the president John Dean continues to discuss issues relating to his best-selling book Conservatives Without Conscience, and his thesis that today's Republican Party is dominated by authoritarian personalities, in the roles of both leaders and followers. In this column, Dean discusses Newt Gingrich and Richard Nixon, classifying both as strong authoritarian personalities. He also assesses Nixon's and George W. Bush's contributions to the way the presidency is conceptualized today.
Tuesday, Sep. 25, 2007

Why Authoritarians Now Control the Republican Party: The Rise of Authoritarian Conservatism Part Two in a Three-Part Series
With this second column, FindLaw columnist and former counsel to the president John Dean continues a three-part series of columns relating to his best-selling book Conservatives Without Conscience. Dean's thesis is that both the leadership and membership of today's Republican Party are dominated by authoritarian personalities. In this column, he goes into detail regarding research by Professor Bob Altemeyer on both authoritarian followers and authoritarian leaders, and traces the historical roots -- going back to Alexander Hamilton -- of the authoritarian personality's influence on American government.
Friday, Sep. 21, 2007

Understanding the Contemporary Republican Party: Authoritarians Have Taken Control Part One in a Three-Part Series
With this column, FindLaw columnist and former counsel to the president John Dean begins a three-part series relating to his best-selling book Conservatives Without Conscience. In this column, Dean argues that to understand the contemporary Republican party, it is necessary to understand longstanding social science research, particularly the research of Professor Bob Altemeyer, regarding two types of authoritarian personalities: those of authoritarian leaders and those of authoritarian followers.
Wednesday, Sep. 05, 2007

Will A Dark Cloud Follow Karl Rove Back To Texas?: Congress Is Still Investigating Serious Criminal Abuses of Executive Powers
Why is key presidential advisor Karl Rove leaving the Bush Administration at this particular moment? FindLaw columnist and former counsel to the president John Dean considers possible explanations. Dean suggests Rove's decision may be connected not only to his declining to appear to testify before Congress, citing executive privilege, but also to a possible fear on Rove's part that, unless he keeps a low profile, Congress will discover the extent to which Rove injected partisanship into the Bush Administration, even in areas that should have remained free of it. Dean raises a potential parallel between the Bush and Nixon Administrations in this respect, and considers whether Rove's possible conduct may not only have been overly partisan, but also run afoul of federal criminal statutes, and if so, whether it should lead to prosecution.
Friday, Aug. 24, 2007

The So-Called Protect America Act: Why Its Sweeping Amendments to the Foreign Intelligence Surveillance Act Pose Not Only a Civil Liberties Threat, But a Greater Danger As Well
FindLaw columnist and former counsel to the president John Dean discusses the recently-enacted Protect America Act, which gives the President greater surveillance power by enacting sweeping changes to the Foreign Intelligence Surveillance Act. Dean argues that the law not only infringes privacy, but also allows the expansion of executive power. He contends that if Congress does not curtail the law's scope when it is renewed (for it sunsets quickly), its members will pay the price at the polls.
Friday, Aug. 10, 2007

Joe Wilson's War: Though He and His Wife Valerie Plame Lost Their Lawsuit against Cheney and Others, It's Only One Battle in a Fight that Flushed Out Much Truth
FindLaw columnist and former counsel to the president John Dean argues that, despite the recent ruling dismissing the lawsuit by Valerie Plame and Joseph Wilson against Vice-President Cheney and others, the Wilsons are victors in a larger sense. Dean cites as evidence all the information that has been made public as a result of Joseph Wilson's decision to publish a New York Times Op Ed disputing President Bush's State of the Union Niger-uranium claims, and as a result of the ensuing Special Counsel investigation into the disclosure of his wife Valerie's status as a covert CIA agent.
Tuesday, Jul. 24, 2007

Harriet Miers's Contempt of Congress: Are Conservatives About To Neuter Congress, While Claiming Full Legal Justification for this Separation-of-Powers Violation?
Can President Bush get away with instructing former White House Counsel Harriet Miers to disobey a House Judiciary Committee subpoena ordering her to appear to provide testimony relating to the U.S. Attorney scandal? FindLaw columnist and former counsel to the president John Dean points to one tactic -- last invoked in 1934 -- that Congress could use to force compliance. He also suggests how this inter-branch standoff may play out if that tactic is not employed.
Friday, Jul. 13, 2007

The Misunderestimated Mr. Cheney: The Vice President's Record of Willfully Violating the Law, And Wrongly Claiming Authority to Do So
FindLaw columnist and former counsel to the president John Dean chronicles Vice President Cheney's claims, over the course of the Bush Administration, that various laws do not apply to him or to the President. Dean focuses, in particular, on Cheney's explanation for why he defied National Security Classification orders: the assertion that, as Vice President, he is neither an "entity" nor an "agency." Dean also contends that Cheney is ignoring the boundaries of the limited role the Constitution prescribes for the Vice President.
Friday, Jun. 29, 2007

Scooter Libby's Appeal: The Focus Shifts To the Highly Political U.S. Court of Appeals for the D.C. Circuit
FindLaw columnist and former counsel to the president John Dean comments on what appears to be a change in the legal strategy of Scooter Libby. (Libby, as readers will likely be aware, was convicted of and sentenced for perjury and related offenses, in connection with the Special Counsel investigation into the exposure of Valerie Plame's identity as a covert CIA agent.) Recently, as Dean explains, Libby brought in a new attorney to take a more aggressive approach in attempting to convince the judge in Libby's case to allow Libby to remain free pending appeal. Dean predicts that the approach will ultimately fail -- for an appeal of the decision to jail him immediately will not succeed.
Friday, Jun. 15, 2007

The Bush Administration's Dilemma Regarding a Possible Libby Pardon - And How Outsiders Such as Fred Thompson Appear to Be Working on a Solution
FindLaw columnist and former counsel to the president John Dean discusses the possibility -- and the risks -- of a potential pardon by President Bush of I. Lewis "Scooter" Libby. (Libby, as readers will likely be aware, was convicted by a jury of false statements, perjury, and obstruction of justice charges arising from the Special Counsel Investigation of the revelation of the identity of covert CIA agent Valerie Plame.) Dean estimates how long a sentence of imprisonment Judge Walton is likely to give to Libby and when he will be required to begin serving it, and takes strong issue with contentions by Senator and potential presidential candidate Fred Thompson and others that Plame was never really a covert agent in the first place and thus did not fall under the core law the Special Counsel invoked. In addition, Dean draws on historical parallels, including some drawn from specific Watergate sentences and the Marc Rich pardon controversy, to illuminate his analysis.
Friday, Jun. 01, 2007

Recent Developments in the Scandal over the Attorney General's Performance: Alberto Gonzales Displays Contempt for Congress, And Perhaps the Department of Justice As Well
FindLaw columnist and former counsel to the president John Dean discusses a number of recent incidents that he argues demonstrate, beyond a doubt, that Attorney General Alberto Gonzales should either be fired or resign. In addition to charges that U.S. Attorneys' firings were politically-motivated, Dean also examines Gonzales's role in prompting an unnecessary clash between the Legislative and Executive Branches, by failing to consult with Congressional leaders before executing an FBI raid on the office of Congressman William Jefferson. Finally, Dean notes the sharp conflict between testimony given by Gonzales and by James Comey, who was Acting Attorney General when the Executive was debating whether the warrantless wiretapping program should go forward in contravention of the Foreign Intelligence Surveillance Act.
Friday, May. 18, 2007

Attorney General Alberto Gonzales's "Reconfirmation Hearings": Why, In the End, They Will Change Nothing
FindLaw columnist and former counsel to the president John W. Dean discusses the recent hearings probing into Attorney General Gonzales's role in a series of U.S. Attorney firings. Dean considers some of the most interesting revelations of the hearings, comments on how even Republicans on the Judiciary Committee have been sharply critical of Gonzales, and explains why no one should expect to see Gonzales either get fired or resign.
Friday, Apr. 20, 2007

Evidence of Tom DeLay's Authoritarianism: A Question-and-Answer Session with Dr. Bob Altemeyer About DeLay's New Autobiography
In a question-and-answer session, FindLaw columnist and former counsel to the president John Dean discusses the recently-released autobiography of former Republican majority leader Tom DeLay, entitled "No Retreat, No Surrender," with expert psychologist Bob Altemeyer. Altemeyer finds strong evidence indicating an authoritarian personality based on his reading of DeLay's book, and on publicly-known facts about DeLay.
Friday, Apr. 06, 2007

New Developments in the U.S. Attorney Controversy: Why Bush Refuses to Allow Karl Rove and Harriet Miers to Testify Before Congress, and What Role New White House Counsel Fred Fielding May Play
Will the Bush Administration continue to assert executive privilege with respect to documents and testimony Congress seeks relating to the controversy over U.S. firings? FindLaw columnist and former counsel to the president John Dean contends that it's very likely the Administration will, indeed, hold firm in this stance. In support of his view, Dean considers the background of new White House Counsel Fred Fielding, whom Dean himself brought into government years ago, and the Bush Administration's embrace of the "unitary executive" theory. Dean also recalls a similar controversy involving EPA Administrator Anne Gorsuch, which played out during the Reagan years.
Friday, Mar. 23, 2007

A Question-and-Answer Session with Thomas B. Edsall, Author of Building Red America: The New Conservative Coalition and the Drive for Permanent Power
FindLaw columnist and former counsel to the president John Dean asks veteran political reporter and author Thomas B. Edsall a series of questions arising from Edsall's recent book about Republican strategies for winning elections. The resulting Q&A illustrates many interesting points that will be relevant to Election '08, including one regarding how the strategies of Republicans and Democrats may necessarily differ -- with Republicans concentrating on getting their core voters to the polls, and Democrats instead courting swing voters.
Friday, Mar. 09, 2007

The Supreme Court Is At the Tipping Point: Should A Democratic Senate Prevent Bush From Creating A Solidly Conservative Court? An Historic Perspective, and Some Advice to the Senate
FindLaw columnist and former counsel to the president John Dean argues that the Democratic Senate can and should block President Bush, as a lame duck leader, from nominating a conservative, rather than a moderate, for a seat on the Supreme Court if a vacancy occurs. Dean draws on examples from John Adams's and Lyndon Johnson's presidencies to provide context for his analysis. He also explains why the next vacancy on the Court may be an especially crucial one.
Friday, Feb. 23, 2007

Leading Experts Say Congress Must Stop An Attack on Iran: Is That Constitutionally Possible? Absolutely - According to Experts on Both Sides of the Aisle
FindLaw columnist and former counsel to the president John Dean discusses the question of whether Congress has the power to stop the U.S. from attacking Iran. Drawing on testimony recently given by a number of experts before Congress, Dean notes that all agreed that Congress indeed has this power under the Constitution. Their only disagreement was as to whether, as a policy matter, Congress ought to use the power -- generally, and in this particular case. Even prior Republican administration officials who testified, Dean points out, concede that the power exists.
Friday, Feb. 09, 2007

The Controversy over Curtailing Habeas Corpus Rights: Why It Is a Bad Day For The Constitution Whenever Attorney General Alberto Gonzales Testifies
FindLaw columnist and former counsel to the president John Dean discusses the ongoing controversy over the Bush Administration's attempt to curtail the constitutional habeas corpus rights of Guantanamo prisoners. Dean focuses, especially, on a recent colloquy between Senator Arlen Specter and Attorney General Alberto Gonzales on the subject -- contending that the position Gonzales took (that the Constitution does not guarantee habeas corpus rights, but merely sets out conditions for their suspension) is egregiously wrong: an Anti-federalist position rejected some 220 years ago. Dean also details and evaluates Gonzales's reaction to Specter's charge that Gonzales failed to keep his word with respect to a compromise in which Gonzales had promised to respect Congressional oversight rights.
Friday, Jan. 26, 2007

The Arsenal of Tools Congressional Democrats Can Use To Force the Bush Administration To Cooperate with Their Efforts To Undertake Oversight:
Part Three in a Three-Part Series
In the third in a three-part series of columns about ways for the new Democrat-led Congress to conduct oversight of the Bush Administration, FindLaw columnist and former counsel to the president John Dean discusses a number of particular oversight tools. Among the weapons in Congress' arsenal, Dean contends, are the appropriations, impeachment, and confirmation powes; the power to issue subpoenas and hold those who do not respond in contempt; and the powers to invoke the "Seven Member rule" and to use resolutions of inquiry. As to each power, Dean offers historical context for its use or non-use in the past. Can the Administration defeat all these weapons by simply invoking so-called executive privilege? Dean explains why that may be very difficult.
Friday, Jan. 12, 2007

What Should Congressional Democrats Do, When the Bush Administration Stonewalls Their Efforts To Undertake Oversight?:
Part Two in a Three-Part Series
FindLaw columnist and former counsel to the president John Dean continues his series of columns on possible responses Congressional Democrats could undertake if, as expected, the Bush Administration resists their efforts at oversight. In this column, Dean notes the lack of express constitutional guidance as to such a clash, the federal courts' likely invocation of the "political question" doctrine to avoid intervening, and historical examples -- going all the way back to George Washington -- in which Congress did, indeed, get the information it sought.
Friday, Dec. 29, 2006

Refocusing the Impeachment Movement on Administration Officials Below the President and Vice-President:
Why Not Have A Realistic Debate, with Charges that Could Actually Result in Convictions?
FindLaw columnist and former counsel to the president John Dean argues that, while there is a very strong case to be made for seeking the impeachment of President Bush and Vice President Cheney, Democrats would be foolish to do so, for their efforts would be futile in the end. Dean suggests refocusing the debate over possible impeachments, to concentrate on lower-level Administration officials, who could then be disqualified from holding future office. To make his case, Dean draws upon the only historical instance in which a lower-level official was impeached.
Friday, Dec. 15, 2006

Are Congressional Wars Coming? Since Cheney Has Already Said He'll Ignore the Democratic Congress, It Seems Likely
FindLaw columnist and former counsel to the president John Dean draws on both recent history (especially from the Clinton years) and current developments to predict the advent of some very contentious conflicts in Congress. Dean believes Democrats won't engage in the kind of hardball tactics that Republicans employed in the Clinton years, but he does predict intense Democratic interest in, and action on, the series of scandals that have plagued the Administration -- many of them involving the Vice President.
Friday, Dec. 01, 2006

The President's Decision to Resubmit Five Highly Controversial Judicial Nominees: Why It's a Mistake, and How to Fix the Broken Confirmation Process
FindLaw columnist and former counsel to the president John Dean analyzes the likely repercussions of President Bush's decision to five highly controversial federal court nominees (as well as one who is not controversial) to the lame-duck Senate. Dean anticipates that Democrats will surely filibuster, and that Republicans will then contemplate using the "nuclear option" -- effectively amending Senate rules, via a ruling by Dick Cheney serving as President of the Senate, supported by a bare majority of Senators, to eliminate the possibility of filibustering judicial nominees. Dean cautions, however, that the consequences of such an unwise choice by Republicans are likely to be severe.
Friday, Nov. 17, 2006

Underpaid And Overworked: The National Disgrace of Undercompensating Federal Judges, While Allowing Their Workload to Balloon
FindLaw columnist and former counsel to the president John Dean argues that it's high time the salaries of federal judges were raised substantially. With college tuition high and private practice salaries alluring, Dean explains, it is hard to keep the best and the brightest with the comparative low salaries federal judges are currently paid. Dean cites specific examples of judges leaving the bench for higher-paying positions, and contends that judges have a far stronger case for a raise than do members of Congress.
Friday, Nov. 03, 2006

David Kuo's Book "Tempting Faith": The Author's Agenda, the Authoritarian Behavior He Reports, And the White House's Response
FindLaw columnist and former counsel to the president John Dean discusses David Kuo's recent book, Tempting Faith, in which the former deputy-director of the Bush White House's Office of Faith-Based and Community Initiatives claims, controversially, that members of the Bush Administration have mocked the very Religious Right leaders who helped put them in power. Dean draws on the work of social psychologist Bob Altemeyer to help explain how this could have happened; Altemeyer suggests that authoritarian personalities think ill of their own supporters, for they have conned and manipulated them.
Friday, Oct. 20, 2006

The Foley Follies: What Can Be Learned From The History of Congressional Sex Scandals, And How Can the Page Program Be Reformed?
FindLaw columnist and former counsel to the president John Dean looks at the lessons of the ongoing scandal involving Congressman Mark Foley's conduct relating to teenage Congressional pages. Dean -- who has compiled a quick history of all Congressional sex scandals -- focuses here on those involving minors and, especially, those involving pages. Dean considers what lessons can be learned with respect to abolition or reform of the page program.
Friday, Oct. 06, 2006

Thoughts on the "Bringing Terrorists to Justice Act of 2006"
FindLaw columnist and former counsel to the president John Dean takes extremely strong exception to the Bush Administration's proposed legislation regarding terrorism suspects. Dean argues -- among other points -- that the legislation betrays the Geneva Conventions, insults the Supreme Court by ignoring its Hamdan decision, and would retroactively absolve those who knowingly authorized or performed torture. While Dean has no general quarrel with the use of military tribunals in this context, and sees good reason not to try terrorism suspects in the federal courts, he contends that the tribunals envisioned by the Administration -- which would not follow even court-martial procedures -- are appallingly contrary to law and justice.
Friday, Sep. 22, 2006

Why Are We Suddenly At War With "Islamic Fascists"? A Neologism that Signals a Change in Strategy As Elections Near
FindLaw columnist and former counsel to the president John Dean discusses the possible meaning of a recent change in locution -- the Bush Administration's new tendency to refer to War on Terror enemies as "Islamic Fascists" or "Islamofascists." Dean argues -- drawing on work by John Mueller, Sidney Blumenthal, Katha Pollitt, and Bill Maher --- that in this case, the answer to the question "What's in a name?" is interesting and potentially significant for November's Congressional elections.
Friday, Sep. 08, 2006

Michelle Goldberg's Study of the Rise of Christian Nationalism, and Its Adherents' Strategy to Use the Courts to Further Their Agenda
FindLaw columnist and former counsel to the president John Dean draws on Salon writer Michelle Goldberg's recent book on Christian nationalism to argue that this movement is dangerous in that it imperils the constitutional separation of church and state. This threat is a very real one, Dean explains, because among the movement's goals are to place its believers in positions as federal judges -- and, he notes, a few like-minded federal judges are already on the bench.
Friday, Aug. 25, 2006

Two Congressional Experts Explain What Has Gone Very Wrong With Congress
FindLaw columnist and former counsel to the president John Dean contends that Congress' workings have become highly dysfunctional -- and turns to a recent book by the Brookings Insitute's Thomas E. Mann and the American Enterprise Institute's Norman J. Ornstein to assess the authors' suggestions for why Congress is the way it is now, and how it might be changed to better fulfill its role. Dean considers, among other points, if 2006 and 2008 elections may make a difference -- and if so, how and why.
Friday, Aug. 11, 2006

Why Robert Scheer's New Book, Playing President, is Sheer Delight: A Seasoned Journalist Shares His Take on Six Presidents And Presidential Campaigns
FindLaw columnist and former counsel to the president John Dean discusses -- and praises -- reporter Robert Scheer's new book on a series of presidencies: those of Nixon, Carter, Bush I, Reagan, Clinton, and Bush II. Dean finds particularly fascinating Scheer's account of how the Carter campaign was almost destroyed by the Playboy interview -- conducted by Scheer -- in which the candidate admitted to "lusting in his heart."
Friday, Jul. 28, 2006

The Bush Administration's Adversarial Relationship with Congress --
as Illustrated by Its Refusal to Even Provide the Number of Signing Statements Issued by President Bush
FindLaw columnist and former counsel to the president John Dean offers a close critique of the information recently provided to the Senate Judiciary Committee by the Bush Administration at a hearing on the President's use of signing statements. Dean explains the issues arising from the use of such statements: By expressing reservations about the constitutionality of provisions of a statute that is nonetheless signed by the President, they arguably both evade the President's duty to veto statutes he deems unconstitutional, and leave Congress and the public without fair prior notice of what a given statute really means. Dean criticizes the Administration for its fuzzy numbers relating to the President's prolific use of such statements -- and for simply describing as "numerous" the most controversial type of signing statement.
Friday, Jul. 14, 2006

Senators Kyl and Graham's Hamdan v. Rumsfeld Scam: The Deceptive Amicus Brief They Filed in the Guantanamo Detainee Case
FindLaw columnist and former counsel to the president John Dean discusses the amicus brief filed by Senators Kyl and Graham in Hamdan v. Rumsfeld, the case in which the Supreme Court recently rejected the Administration's plans for dealing with Guantanamo detainees. Kyl and Graham's brief supported the government's position that the Court had no jurisdiction due to the Detainee Treatment Act. Drawing on sharp reportage by Slate's Emily Bazelon, Dean critiques the brief's inclusion of a faux-colloquy "legislative history" as deceptive; he explains, too, how Kyl and Graham took a very different position when they joined with Senator Levin in amending the Act, than they did later in the brief and purported legislative history.
Wednesday, Jul. 05, 2006

ACLU v. National Security Agency: Why the "State Secrets Privilege" Shouldn't Stop the Lawsuit Challenging Warrantless Telephone Surveillance of Americans
FindLaw columnist and former counsel to the president John Dean discusses the ACLU's recent federal lawsuit challenging the NSA's warrantless telephone surveillance of Americans as a violation of the Foreign Intelligence Surveillance Act and the Constitution's First and Fourth Amendments. As Dean explains, government attorneys have urged the judge hearing the case, Anna Diggs Taylor to dismiss it on the basis of the "state secrets" privilege. Dean argues, however, that such a dismissal would be a grave mistake, both due to the fact that the FISA violation can be proven, in this instance, by the government's public admissions alone, and the ugly history of overaggressive invocation of the "state secrets" privilege where it was not merited, including in the Pentagon Papers case.
Friday, Jun. 16, 2006

Incivility in the House of Unrepresentatives: Washington Post Reporter Juliet Eilperin Scrutinizes the People's House
FindLaw columnist and former counsel to the president John Dean draws on Washington Post reporter Juliet Eilperin's book to explore an important question: With two-thirds of Americans dissatisfied with Congress, what's wrong, and how can it be fixed? Dean covers issues such as why the House is so polarized, and how gerrymandering ensures incumbents have an even greater advantage than usual. He also notes the influence of two-minute speech limits and the tendency of members to live in their home district for most of the week.
Friday, Jun. 02, 2006

How Does President Bush Compare with Other Wartime Presidents With Respect to Free Speech Issues?
FindLaw columnist and former counsel to the president John Dean compares the Bush presidency with prior administrations when it comes to civil liberties issues -- with a focus on free speech. Dean draws on the work of U. Chicago law professor Geoffrey Stone to argue that, rather than justifying Bush Administration actions, historical precedents suggest the current Administration has gone much too far -- resorting to tactics even Nixon eschewed.
Friday, May. 19, 2006

The Conservative Case for President Bush's Exercise of Presidential Powers: Why It Fails to Convince, and Ignores Mainstream View on the Constitution
FindLaw columnist and former counsel to the president John Dean discusses a recent panel that focused on the question whether the Bush Administration has exceeded the constitutionally-mandated scope of president powers. Dean focuses, in particular, on the contentions of two speakers, who represented the two sides of the political spectrum: Liberal New York Times columnist Anthony Lewis, and conservative former Bush Administration attorney Patrick Philbin. Dean explains why he found Philbin's arguments unpersuasive -- and outside the mainstream of expert opinion on the issue.
Friday, May. 05, 2006

If Past Is Prologue, George Bush Is Becoming An Increasingly Dangerous President
FindLaw columnist and former counsel to the president John Dean evaluates President Bush's current performance against political scientist Dr. James Dave Barber's catalog of Presidents' personality types. Dean argues that Bush has proven to be an active/negative president, finding his job emotionally taxing but aggressive in his approach to it -- and thus is in the company of Woodrow Wilson, Herbert Hoover, Lyndon Johnson and Richard Nixon. Dean assesses the implications of this categorization, and also predicts what Bush's "October Surprise" this year may be.
Friday, Apr. 21, 2006

The Truth About Lewis "Scooter" Libby's Statements to the Grand Jury Claiming the President Authorized a Leak of Classified Information:
The President and Vice President Are Not In the Clear Yet
FindLaw columnist and former counsel to the president John Dean assesses the importance of -- and corrects some widespread misconceptions about -- the recent revelation of statements to the grand jury by Lewis "Scooter" Libby claiming that the President, with the Vice President's knowledge, authorized a leak of classified information. Dean also notes what impact Libby's statements might have on the Bush Administration.
Friday, Apr. 07, 2006

An Update on President Bush's NSA Program: The Historical Context, Specter's Recent Bill, and Feingold's Censure Motion
FindLaw columnist and former counsel to the president John Dean both provides historical context for President Bush's warrantless wiretapping program, and assesses Congress' recent responses to the program. Dean praises Senator Arlen Specter's solution -- to send the issue to the FISA court -- but explains why Bush won't avail himself of it, nor of Senators Dewine, Graham, Hagel and Snowe's solution. Dean also comments on Senator Feingold's motion to censure Bush.
Friday, Mar. 24, 2006

The Broken Branch: An Unusual Lawsuit Takes Congress to Task For Shoddy and Partisan Lawmaking, In Which A Bill Is Unconstitutionally Being Treated as Law
FindLaw columnist and former counsel to the president John Dean discusses the strange situation of a bill that is being treated as a law, even though it has not been passed by both Houses of Congress, as the Constitution requires. Dean explains how this came about, why it's unconstitutional, and why one attorney has decided to try to get the bill's status clarified by a court, so that he can advise his clients whether they need to comply.
Friday, Mar. 10, 2006

Why Should Anyone Worry About Whose Communications Bush and Cheney Are Intercepting, If It Helps To Find Terrorists?
With some Americans asking why the NSA's warrantless wiretapping should concern them at all, FindLaw columnist and former counsel to the president John Dean offers some very specific answers. Dean explains why there is a real risk that data mining will yield false positives, and also explains why the lessons of World War II have caused Americans increasingly to learn to value individual privacy, and hold it dear.
Friday, Feb. 24, 2006

Vice President Cheney and The Fight Over "Inherent" Presidential Powers: His Attempt to Swing the Pendulum Back Began Long Before 9/11
FindLaw columnist and former counsel to the president John Dean argues that while the Bush Administration has defended the NSA's warrantless wiretapping by invoking the perils of the post-9/11 world, expansion of executive power was on Vice President Cheney's agenda long before 9/11. Dean parallels the views Cheney expressed in the minority report on the Iran-Contra affair -- which also involved a specific Congressional statute disobeyed by the President -- with those the Administration is voicing today.
Friday, Feb. 10, 2006

The Problem with Presidential Signing Statements: Their Use and Misuse by the Bush Administration
FindLaw columnist and former counsel to the President John Dean discusses President Bush's use of signing statements to accompany legislation. Dean contends that Bush is using the statements as the equivalent of line-item vetos -- even though the Supreme Court held the line-item veto to be a violation of the Constitution's Presentment Claus, and even though the veto is supposed to be the President's exclusive avenue, under the Constitution, to prevent bills from becoming law. Dean predicts that Bush's signing statement practices will bring him into conflict with Congress, and also with his own Department of Justice.
Friday, Jan. 13, 2006

George W. Bush as the New Richard M. Nixon: Both Wiretapped Illegally, and Impeachably;
Both Claimed That a President May Violate Congress' Laws to Protect National Security
FindLaw columnist and former counsel to the president John Dean comments on the recent revelation of President Bush's authorization of warrantless wiretaps, in contravention of the Foreign Intelligence Surveillance Act (FISA) and in disregard of the FISA Court. Dean notes that President Nixon's bill of impeachment listed illegal wiretaps, and parallels the points of view Nixon and Bush have expressed with respect to presidential power.
Friday, Dec. 30, 2005

Shocking The Conscience Of America: Bush And Cheney Call For The Right To Torture And Are Decisively and Correctly Rebuffed by the House
FindLaw columnist and former counsel to the president John Dean decries the Bush Administration's attempt to block limits on the U.S.'s ability to torture prisoners. Dean details and comments on Senator McCain's proposed provisions relating to torture, and argues that the Administration's position on these proposals is a low point in American history -- comparing it to other much-criticized presidential stances. Dean also takes on the famous "ticking time bomb" argument for torture.
Friday, Dec. 16, 2005

Justice Scalia's Thoughts, And A Few Of My Own, on New York Times v. Sullivan
Taking off from Justice Scalia's recent suggestion that the Supreme Court's "actual malice" standard for defamation of public figures is too high, FindLaw columnist and former counsel to the president John Dean argues that it's high time for a reconsideration of the way the First Amendment intersects with defamation law. Dean takes issue not only with the "actual malice" standard itself, but also with the way in which courts have, he contends, too broadly defined what it means to be a "public figure" for these purposes.
Friday, Dec. 02, 2005

An Open Letter To Special Counsel Patrick Fitzgerald From Former White House Counsel John W. Dean
FindLaw columnist and former counsel to the president John Dean offers an open letter to Special Counsel Patrick Fitzgerald, who is in charge of the investigation of the revelation of Valerie Plame Wilson's identity as a CIA agent. Dean argues that the lessons of the Teapot Dome scandal and of Watergate militate strongly in favor of Fitzgerald's broadening the scope of his investigation to consider not only whether crimes have been committed, but also whether those who were involved in leaks, but whose conduct did not rise to the level of criminal behavior, should still remain in the Bush Administration, in light of their betrayal of their employment contracts' promises to honor secrecy in order to serve national security.
Friday, Nov. 18, 2005

A Cheney-Libby Conspiracy, Or Worse? Reading Between the Lines of the Libby Indictment
FindLaw columnist and former counsel to the president John Dean closely examines the Special Counsel's indictment of Lewis "Scooter" Libby and his remarks at the press conference regarding the indictment. Dean concludes that it seems likely that the statements underlying the perjury charges against Libby may protected not only himself, but others, such as Vice President Dick Cheney, from Espionage Act charges.
Friday, Nov. 04, 2005

Waiting For The Valerie Plame Wilson Grand Jury: The Big Question Is Whether Dick Cheney Was a Target
FindLaw columnist and former counsel to the president John Dean discusses the various possible outcomes of the Valerie Plame leak grand jury investigation, headed by Chicago U.S. Attorney Patrick Fitzgerald. Dean addresses a number of key issues, including: Is the investigation likely to result in indictments? If so, of whom? What are the constitutional limits on indictments on those high up in the executive branch? What aspects of the evidence are likely to seem especially significant to Fitzgerald, as he decides whether a leak merits an indictment? If the leaks happened, will their motivation matter?
Friday, Oct. 21, 2005

The Case Against Tom DeLay: What Has Happened To Grand Jury Secrecy In Texas?
FindLaw columnist and former counsel to the president John Dean discusses legal issues surrounding the two indictments recently issued against Tom DeLay by Texas grand juries. Dean considers issues such as: Will DeLay's legal challenges to the indictments succeed? Why are grand jurors speaking out, despite secrecy rules? And are they violating secrecy rules when they do speak out?
Friday, Oct. 07, 2005

How the U.S. Senate Can Obtain Information From Former Federal Government Employees Who Are Now Supreme Court Nominees:
A New, More Direct Approach that Won't Require Fighting Over Records
In a statement that has been entered into the record of the U.S. Senate's hearings on Supreme Court candidate John Roberts, FindLaw columnist and former counsel to the president John Dean discusses a simple way that the Senate could learn more about similar candidates. This method -- which could be used with respect to the nominee for the second vacancy to the Court -- would be usable even if the Senate could not successfully subpoena records of nominees' prior government service.
Friday, Sep. 23, 2005

Doing Legal, Political, and Historical Research on the Internet: Using Blog Forums, Open Source Dictionaries, and More
If consulting the online versions of standard research tools fails, and one is doing legal, political, or historical research, what other options does the Internet offer? FindLaw columnist, former counsel to the president, and author John Dean reveals some of his favorites -- and shows how "open source" research tools, in particular, can be especially helpful.
Friday, Sep. 09, 2005

Judiciary Committee Chairman Arlen Specter Presses Judge John Roberts on His Commerce Clause Views:
Will The "Ginsburg Rule" Apply?
FindLaw columnist and former counsel to the president John Dean lauds Senator Arlen Specter's decision to push Supreme Court nominee John Roberts to elucidate his commerce clause views. Drawing on the American Bar Association's Model Rules of Ethics, Dean argues that it is entirely appropriate for Specter and others in the Senate to press Roberts about his views on specific cases -- as long as they stop short of asking for pre-commitments as to how he would rule if confirmed.
Friday, Aug. 12, 2005

Supreme Court Nominee John G. Roberts:
How Many Of His Government Records Can Be Hidden From the Senate?
FindLaw columnist and former counsel to the president John Dean discusses the controversy over whether Supreme Court nominee John Roberts's papers from his time at the Office of the Solicitor General will be turned over to the Senate, to be used in his confirmation hearings. Dean explains the precedents set in this area with respect to the papers reflecting the time that prior nominees William Rehnquist and Robert Bork also spent as government lawyers. He contends that the Senate should not only push to see Roberts's papers, but press to ensure what is turned over is complete.
Friday, Jul. 29, 2005

It Appears That Karl Rove Is In Serious Trouble
FindLaw columnist and former counsel to the president John Dean discusses the legal situation of White House aide Karl Rove -- who apparently leaked the identity of CIA agent Valerie Plame Wilson to Time magazine's Matt Cooper, and possibly other journalists as well. Dean concludes that, based on the information known to the public so far, Rove might not be able to be prosecuted for the leak under the Intelligence Identities and Protection Act, but may very well be able to be prosecuted under other statutes. Dean notes the strong parallel between the leak that prompted the prosecution of an earlier Bush Administration leaker, DEA analyst Jonathan Randel, and the leak for which Rove is apparently responsible. As Dean notes, Randel was jailed for a year for a leak that seems to have posed much less risk, and caused less injury, than Rove's.
Friday, Jul. 15, 2005

The U.S. Supreme Court's Holding in Kelo v. City of New London: An Interview that Reveals an Insider's Perspective
FindLaw columnist and former counsel to the president John Dean interviews Institute for Justice attorney Dana Berliner, the co-counsel for the plaintiffs in a controversial recent 5-4 Supreme Court decision, Kelo v. City of New London The Court's majority ruled against the plaintiffs -- Connecticut homeowners who argued that their city could not use the power of eminent domain to take their homes in order to make way for "economic development." Berliner fills in the moving real-life facts behind the decision -- which means family homes must be given up, and elderly persons displaced -- and explains the basis for the plaintiff's argument that "economic development" is not the kind of "public use" for which, under our Constitution, private property can be taken.
Friday, Jul. 01, 2005

What Exactly Is Judicial Activism? The Charges Made Against the President's Judicial Nominees
FindLaw columnist and former counsel to the President John Dean discusses allegations of judicial activism made by those on the right, and also by those on the left -- especially with regard to some of President Bush's current nominees for federal judgeships. Dean draws on a California Law Review Note by Keenan Kmiec to break down allegations of activism into five subcategories -- and then examines, within subcategories, when allegations of activism may work, and when they are, in his view, misguided.
Friday, Jun. 17, 2005

Why The Revelation of the Identity Of Deep Throat Has Only Created Another Mystery
FindLaw columnist John Dean -- counsel to President Nixon during some of the Watergate years -- contends that the revelation of the identity of Deep Throat, now known to be former FBI Deputy Director Mark Felt has raised a host of new questions that Felt and/or Bob Woodward ought to answer. They include the question why significant parts of the information Felt gave Woodward (parts which Dean details in an appendix) turned out to be false, and the question whether Felt had accomplices in the White House who aided him in communicating with Woodward and providing information on the Nixon tapes; the evidence suggests, Dean points out, that Deep Throat may not have been working alone.
Friday, Jun. 03, 2005

A New Chapter In The Valerie Plame Case:
Insights Gained From The New Edition of The Book by Former Ambassador Joseph Wilson
FindLaw columnist and former counsel to the president John Dean discusses a possible answer to a mystery related to the grand jury investigation into the leak of covert CIA agent Valerie Plame's identity: Why is the investigation focusing on reporters Judith Miller and Matthew Cooper, when Miller did not write about the leak, and Cooper was not among the first to report the leak? Dean argues that the new edition of Plame's husband's book, The Politics of Truth: Inside the Lies that Put the White House on Trial and Betrayed My Wife's CIA Identity -- which includes material from reporter Russell Hoyle -- affords insight into this issue. It's likely, Dean suggests, that the investigation now focuses on obstruction and perjury charges -- in addition to, or in lieu of, criminal charges arising from the initial leak.
Friday, May. 20, 2005

Hatching A New Filibuster Precedent: The Senator From Utah's Revisionist History
FindLaw columnist and former counsel to the president John Dean surveys the historical record relating to Associate Supreme Court Justice Abe Fortas's failed nomination, in 1968, to be Chief Justice. Looking to both contemporaneous newspaper accounts, and to biographers and other experts on the period Dean concludes that -- contrary to Senator Orrin Hatch's claims -- Fortas's nomination failed as a result of a Republican-led filibuster, and therefore set a precedent for modern Democrats' filibusters of judicial nominees. Dean points out, as well, that since the filibuster did succeed, to claim -- as Hatch has -- that Fortas would not have been confirmed anyway, because a majority of Senators would have opposed him, is sheer speculation.
Friday, May. 06, 2005

An Update on the Investigation Into the Leak Of CIA Agent Plame's Identity:
Will The Supreme Court Take The Miller And Cooper Cases?
FindLaw columnist and former counsel to the president John Dean discusses recent developments relating to the Special Counsel's investigation into the leak of the identity of CIA Agent Valerie Plame. Although columnist Robert Novak was the first to publish the leaked information, Special Counsel Fitzgerald has focused on two other reporters, The New York Times's Judith Miller and Time's Matthew Cooper. Will they eventually go to jail for their refusal to give up their confidential sources? Dean predicts the answer is yes; courts have unanimously ruled against them so far, and Dean contends that the Supreme Court is unlikely to choose to review the case, for several reasons.
Friday, Apr. 22, 2005

Senate Republicans' Bid to Destroy the Filibuster Option, And Push Through Ultraconservative Federal Judges:
It Seems Likely the "Nuclear Option" Actually Will Be Used
FindLaw columnist and former counsel to the president John Dean argues strongly against amending the Senate rules to eliminate the filibuster option, but notes that just such an amendment is beginning to seem more and more likely. Dean predicts that the fight over such an amendment will never make it to court -- or if it does, will be dismissed under the "political question" doctrine -- and predicts, as well, that the success of such an amendment will inflict serious political costs on those who backed it.
Friday, Apr. 08, 2005

Will Changing the Egyptian Constitution's Election System Really Foster Democracy?:
Why Egypt-Watchers Don't Think So
FindLaw columnist and former counsel to the president John Dean discusses the specifics of Egyptian President Hosni Mubarak's proposal to amend the Egyptian Constitution to provide for direct election. Dean, who is back from a recent visit to Egypt where he discussed the matter with knowledgeable Egyptians and Americans, explains why two loopholes may ensure that, in fact, September's Egyptian elections are far from fair and free. Dean also notes continuing repression of free speech in Egypt -- another serious obstacle to democracy.
Friday, Mar. 25, 2005

A Fresh, Powerful Case for Amending the U.S. Constitution to Remove the "Natural Born" Qualification For the Presidency
FindLaw columnist and former counsel to the president John Dean comments on a new law review article that sets forth additional -- and, he contends, very strong -- arguments for abolishing the Constitution's "natural born" qualification for the Presidency. Dean explains why additional arguments for amending the Constitution to delete the "natural born" clause come from the federal succession statute (what if a non-"natural born" citizen is in line for the Presidency after a catastrophic terrorist attack) and from the existence of the unincorporated territories and the District of Columbia (does birth there preclude a run for the Presidency?)
Friday, Mar. 11, 2005

Christine Todd Whitman's Sampler: Is She Whining Or Warning In Her New Book?
FindLaw columnist and former counsel to the president John Dean assesses Christine Todd Whitman's new book on Republicanism, It's My Party, Too -- and the critiques the book has drawn from both the right and the left. Dean argues that Whitman's warning to Republicans is a point well-taken: If the party continues to alienate moderates, he contends, it will lose significant power -- and ultimately lose elections, as well.
Friday, Feb. 25, 2005

How the Bush Administration Is Flouting the Current Special Counsel Regulations,
And Why the Independent Counsel Law May Not Have Been Such a Bad Idea After All
FindLaw columnist and former counsel to the President John Dean questions why the Justice Department is not complying with its own regulations with respect to Special Counsel Patrick Fitzgerald -- who runs the investigation into the apparently politically-motivated leak, by two senior Bush Administration officials, of the identity of CIA agent Valerie Plame. Looking back on the history of the now-defunct Independent Counsel statute, Dean questions whether special counsels can avoid conflicts of interest as readily as independent counsels can.
Friday, Feb. 11, 2005

Chief Justice Rehnquist's Annual Report on the Federal Judiciary:
A Clear Example of What Distinguishes A Radical From A Reactionary Conservative
FindLaw columnist and former counsel to the President John Dean discusses Chief Justice Rehnquist's report on the federal judiciary -- explaining how it sends a message to Congress to refrain from either impeaching federal judges for political reasons, or taking away federal courts' jurisdiction for political reasons. Dean contends that the report illustrates the difference between "reactionary" conservatives like Rehnquist, and "radical" conservatives like the members of Congress who are considering these options.
Friday, Jan. 28, 2005

The Torture Memo By Judge Jay S. Bybee That Haunted Alberto Gonzales's Confirmation Hearings
FindLaw columnist and former counsel to the president John Dean discusses the recent repudiation by the Bush Administration -- including by incoming Attorney General Alberto Gonzales -- of the August 2002 memo on torture by then-Assistant Attorney General for the Office of Legal Counsel Jay S. Bybee. Dean argues that Bybee's stance in the memo not only was plainly contrary to law, but could actually itself be evidence of a war crime: a common plan to evade the law. Dean also questions Bybee's fitness to serve on the federal bench, now that the memo (not available at the time of Bybee's confirmation hearing) has come to light.
Friday, Jan. 14, 2005

Jim Haynes As a Stalking Horse In Torturegate:
Why President Bush Renominated Him for A Federal Appellate Judgeship
FindLaw columnist and former counsel to the president John Dean argues that President Bush is employing the Nixonian strategy of "pricking the boil" by renominating William J. "Jim" Haynes, currently the general counsel of the Department of Defense, to a seat on the U.S. Court of Appeals. (In his first term, Bush had nominated Haynes to the same position, unsuccessfully.) As Dean explains, Haynes was involved in many of the memoranda that counseled that the President need not comply with international conventions, or federal statutes, as to torture -- and those memoranda, of course, have caused a scandal. Dean contends that Bush may hope to defuse that scandal by putting the ugly issue to rest in the debates over Haynes's nomination -- as well as that of Attorney General nominee Alberto Gonzales.
Friday, Dec. 31, 2004

What Is Conservatism?
FindLaw columnist and former counsel to the president John Dean asks this provocative question: What, if anything, do all the varieties of conservatism -- from economic, to religious, to social, to libertarian, to neo-, to traditional, to paleo- -- have in common? Dean contends that it is hard to find the core of conservativism -- except insofar as it consists of antipathy to liberalism.
Friday, Dec. 17, 2004

A Closer Look At The Red/Blue Cultural Divide:
It Is Mostly Hokum
Is our country truly and deeply divided? FindLaw columnist and former counsel to the president John Dean argues: Not as much as pundits and partisans would have you believe. Dean evaluates a number of high-profile books making the case for -- and against -- a red-states-versus-blue-states nation, and finds the case against division accords far better with the hard data about Americans' opinions and affiliations.
Friday, Dec. 03, 2004

Does Bush Now Have Political Capital to Spend?
A Look at the Historical Record Suggests the Answer Is No
FindLaw columnist and former counsel to the president John Dean takes issue with President Bush's claim that his reelection has given him political capital that he now intends to spend -- on reforming Social Security, among other issues, and apparently also on nominating conservative federal judges. Dean argues that viewed in the context of election history -- especially where incumbents were running -- Bush's 2004 showing at the polls was weak. He also points out that the President's position with respect to his judicial nominees has not improved -- for the GOP lacks the 60 votes necessary to override the Democrats' filibuster, and ensure a given nominee's confirmation.
Friday, Nov. 19, 2004

Understanding the 2004 Presidential Election:
Beyond the Polarized Electorate, And The Republicans' Superior Voter Turnout
As Americans are still mulling the close presidential election, FindLaw columnist and former counsel to the president John Dean discusses explanations for the country's sharp division, beyond the ones that are usually offered. Drawing on a recent University of Maryland empirical study, Dean contends that the difference between Bush and Kerry supporters is more than a culture clash: In specific ways, he notes, the two groups actually occupy separate realities, grounded on separate, and different sets of beliefs.
Friday, Nov. 05, 2004

The Coming Post-Election Chaos:
A Storm Warning of Things to Come If the Vote Is as Close as Expected
FindLaw columnist and former counsel to the president John Dean discusses the litigation that is likely to accompany the upcoming November 2 election -- especially if vote totals are very close. Dean considers Republicans' and Democrats' strategies, and concludes that litigation is inevitable. He also identifies the true swing states where litigation is likely to happen, and predicts that voter and vote disqualification are likely to be at issue in some of the suits.
Friday, Oct. 22, 2004

The Pernicious "Natural Born" Clause of the Constitution:
Why Immigrants Like Governors Schwarzenegger and Granholm Ought to be Able to Become Presidents
With recent Senate Judiciary Committee hearings targeting the Constitution's "natural born" clause, which restricts who can become President, FindLaw columnist and former counsel to the president John Dean argues it is high time to amend the Constitution to get rid of the clause. Dean describes the clause's history, and argues that it is not only obsolescent, but offensive, in the context of a modern America built by, and filled with, immigrants. Dean also describes the problems caused by the intersection of the "natural born" clause and the succession statute that determines who can be an acting president -- and notes that allowing "naturalized" citizens like Madeline Albright to become President would moot these problems.
Friday, Oct. 08, 2004

A Crucial But Largely Ignored 2004 Campaign Issue:
The Next President Is Likely to Appoint At Least Three Supreme Court Justices
FindLaw columnist and former counsel to the president John Dean discusses an election issue that, he argues, ought to receive far more attention: the chance that next Term, the President may be able to nominate several new Supreme Court Justices. Dean explains he he believes there will be Court vacancies, and considers why this issue hasn't become prominent in current election politics.
Friday, Sep. 24, 2004

Osama's Dream Team: Kerry-Edwards or Bush-Cheney?
FindLaw columnist and former counsel to the President John Dean asks a provocative question: Is Dick Cheney really right that electing John Kerry President would raise the risk of a terrorist attack against America? Dean takes issue with Cheney's logic -- and contends that it is actually the Bush Administration that is raising the risk of an attack, by providing Al Qaeda with exactly the kind of extreme responses that it is its goal to elicit.
Friday, Sep. 10, 2004

The New Book Attacking Kerry's War Record:
How It Defames the Candidate, and Why He Should Sue
FindLaw columnist and former counsel to the president John Dean gives some strong advice to John Kerry: Follow then-Presidential candidate and Senator Barry Goldwater's precedent, and sue for defamation to clear your name. Dean assesses a new Swift Boat veterans' book that accuses Kerry of numerous crimes, and finds copious evidence of "actual malice" -- the legal standard for a libel claim by a public figure to succeed -- within. He also discusses Goldwater's suit and why it succeeded -- with a jury verdict affirmed on appeal.
Tuesday, Aug. 31, 2004

Thoughts on the Law Addressing Bad Federal Judges:
Self-Policing Isn't Working, But Is There a Good Alternative?
FindLaw columnist and former counsel to the President John Dean discusses an interesting recent move by Chief Justice William Rehnquist. Rehnquist has asked Justice Stephen Breyer, along with others, to inquire into the efficacy of the the Judicial Conduct and Disability Act of 1980 -- the federal statute that governs how complaints against federal judges are addressed. Dean explains why the statute is thought to currently be less than effective, and argues that an improved version of the statute is necessary to impose some constraints on judges who, according to the Constitution's standard, are extremely difficult to impeach.
Friday, Aug. 13, 2004

A Closer Look At The 9/11 Commission Report:
The Role It is Playing In Election Politics, And Its Recommendations For Preventing Future Terrorism
FindLaw columnist and former counsel to the president John W. Dean discusses the main points that, in his view, we should take away from the recent 9/11 Commission Report. Dean stresses the importance of the Report's recommendation of governmental structural changes -- and makes an intriguing suggestion about how this change could be accomplished in a way that minimizes political clashes. Dean also notes the role that the Report is already playing, and will likely continue to play, with respect to the upcoming elections.
Friday, Jul. 30, 2004

What Happens In The Event Of A Terror Attack On The 2004 Presidential Elections?
FindLaw columnist and former counsel to the President John Dean surveys the legal landscape to explain -- considering various hypotheticals -- what would happen if there were a terror attack sometime between now and the next Inauguration Day. Given that terrorists reportedly are planning to seek to disrupt the elections, Dean chastises Congress and the Bush Administration for inadequate contingency planning to take account of the very scenarios about which there is the greatest worry.
Monday, Jul. 19, 2004

The Supreme Court's Ruling on Cheney's Energy Task Force:
Still Secret, But More Litigation Will Follow
FindLaw columnist and former counsel to the President John W. Dean discusses the Supreme Court's recent ruling in the case involving Vice President Dick Cheney. Dean explains what is at stake in the case: the specific issue of whether Public Citizen and Judicial Watch will get answers to their document requests and interrogatories relating to Cheney's National Energy Policy Development Group, and the broader question of to what extent the Executive Branch can assert the privilege to keep its doings secret. Dean also explains how the results of November's election may influence this case, which will continue on in the lower federal courts, and may return to the Supreme Court.
Friday, Jul. 02, 2004

Sam Dash's Warning About Government Intruders:
The Story Of The Rise And Fall Of Fourth Amendment Protections
FindLaw columnist and former counsel to the president John Dean answers an intriguing question: What would former (and now late) Chief Counsel of the Senate Watergate Committee Sam Dash have thought of today's USA Patriot Act? In providing an answer, Dean draws both on Dash's recent book and his own personal conversations with Dash. In addition to addressing the Patriot Act specifically, Dean also discusses Dash's views on the long history of the Fourth Amendment and similar legal privacy protections.
Friday, Jun. 18, 2004

The Serious Implications Of President Bush's Hiring A Personal Outside Counsel For The Valerie Plame Investigation
Recently, President Bush reportedly spoke with a private attorney about a matter related to the leak of the identity of covert CIA agent Valerie Plame, wife of former ambassador and Bush critic Joseph Wilson. Why might the President have felt the need to consult a private lawyer? FindLaw columnist and former counsel to the president John W. Dean comments on the possibilities -- and explains federal appellate precedents that likely would make the President wary of consulting a government lawyer about this issue.
Friday, Jun. 04, 2004

Predicting Presidential Performance:
Is George W. Bush An Active/Negative President Like Nixon, LBJ, Hoover and Wilson?
According to political scientist James David Barber, there are four basic types of presidents. Which type is George W. Bush? FindLaw columnist and former counsel to the president John Dean applies Barber's criteria and concludes that Bush is an active/negative president -- which, Dean contends, bodes ill for a Bush second Term.
Friday, May. 21, 2004

The Admirable Openness of the 9/11 Commission:
Why Charges It Is Overly Politicized Are In Error
FindLaw columnist and former counsel to the President John Dean takes on charges that the 9/11 Commission's proceedings have been partisan. For example, he argues that charges that Commission member Jamie Gorelick had a conflict of interest are meritless. Dean offers specific rebuttals to particular charges of partisanship -- and notes that Commission Head Tom Kean is no partisan.
Friday, May. 07, 2004

A Controversial Choice for the Position of Archivist of the United States:
Part of the Bush Administration's Secrecy Strategy?
FindLaw columnist and former counsel to the President John Dean traces President Bush's actions with respect to the secrecy of his official papers from his Texas Governorship, to the present. Dean chronicles legal tactics Bush has used to try to keep these papers secret, and argues that his recent decision to nominate a new national archivist is in keeping with what Dean contends is a secrecy strategy by the President.
Friday, Apr. 23, 2004

Bush's Attack On Richard Clarke and His Laudable New Book:
The Press and the Government Collaborate to Violate Journalistic Ethics, But Their Gambit Backfires
FindLaw columnist and former counsel to the President John Dean discusses Richard Clarke's recent book, Against All Enemies: Inside America's War On Terror, and the backlash it has triggered. Dean criticizes Fox News for releasing an off-the-record backgrounder done by Clarke, and criticizes, as well, those who have suggested that the book and the backgrounder conflict; in fact, Dean argues, the two are entirely consistent.
Monday, Apr. 05, 2004

A Closer Look At The Case From Which Justice Scalia Has Refused To Recuse Himself:
The Momentous Stakes, and the Larger Political Context
FindLaw columnist and former counsel to the President John Dean offers a new take on the controversy over Justice Antonin Scalia's refusal to recuse himself from a case involving his fellow duck hunter and dinner companion, Vice President Dick Cheney. Dean focus not on the recusal issue itself but on the underlying case, asking: Why does Scalia want to vote on this case, in particular? And with Scalia's vote, what is the outcome at the Court likely to be?
Friday, Mar. 26, 2004

Defaming The Dead:
A Legal Remedy for Absurd Charges That LBJ Murdered JFK
FindLaw columnist and former counsel to the President John Dean criticizes the common law rule that defamation suits may not be brought on behalf of dead persons whose reputations have been attacked. Dean also suggests, however, that other legal avenues may be open for those who seek to mend such reputational damage. Dean takes as a case in point the explosive, and dubious charge that LBJ was involved in a conspiracy to murder JFK. If this charge is false, is there a remedy for the harm it has caused to LBJ's widow Lady Bird, his daughters, and to his lasting reputation? Dean explains what the legal options are.
Friday, Mar. 12, 2004

How Do Washington SuperLawyers Work?
The Inside Scoop, As Revealed By David McKean's New Biography Of Tommy Corcoran
FindLaw columnist and former counsel to the President John Dean discusses the fascinating character of the Washington "SuperLawyer," as exemplified by FDR-administration player Tommy Corcoran. Relying on David McKean's recently-released biography of Corcoran -- as well as McKean's earlier book on Clark Clifford -- Dean draws a portrait of the Washington SuperLawyer as powerful, influential and at times, corrupt.
Thursday, Feb. 26, 2004

President Bush's New Iraq Commission Won't Be Investigating the Key WMD Issue:
How the Executive Order Fatally Limits Their Agenda
FindLaw columnist and former counsel to the President John Dean takes a close look both at President Bush's announcement of a new Commission relating to intelligence on weapons of mass destruction (WMD), and the Executive Order setting the Commission's agenda. Dean contends that the Order inappropriately limits the Commission's agenda, with the result that the Commission it will never address the question on most voters' minds -- whether WMD evidence was distorted or exaggerated by the Bush Administration. He also compares and contrasts the Commission with other similar bodies Presidents have created over our history.
Friday, Feb. 13, 2004

A Must Read Book That Explains Rubinomics, and Much More:
Robert Rubin and Jacob Weisberg's In An Uncertain World: Tough Choices from Wall Street to Washington
FindLaw book reviewer and former counsel to the President John Dean makes the case that Robert Rubin's new memoir (written with Jacob Weisberg) of his Clinton Administration days is not only excellent, but a true must read. Dean contends that the book persuasively establishes the virtues not only of Rubin's economic judgment, but also of President Clinton's. He also argues that President Bush's economic decisionmaking compares unfavorably to that of both Rubin and Clinton.
Friday, Feb. 06, 2004

The Leak of CIA Agent Valerie Plame Wilson's Identity:
Why Competing Congressional and Special Counsel Investigations Will Inevitably Cause Problems
FindLaw columnist and former counsel to the President John Dean argues that there will eventually be a clash between the Special Counsel and Congressional investigations of the leak of the identity of CIA agent Valerie Plame Wilson. To prove his point, Dean draws upon historic examples from two scandals: Abscam and Iran-Contra.
Friday, Jan. 30, 2004

The U.S. Supreme Court and The Imperial Presidency
How President Bush Is Testing the Limits of His Presidential Powers
FindLaw columnist and former counsel to the President John Dean discusses five cases before the Supreme Court that will test the reach of Executive power; at least four are likely to be decided this Term, and thus to play a role in 2004 election politics. Dean surveys the various issues the cases raise -- most of them related to the "war on terror." He also makes a provocative comparison between President Nixon's, and President Bush's, respective tendencies to test the bounds of Executive power at the Supreme Court.
Friday, Jan. 16, 2004

Why Did Attorney General Ashcroft Remove Himself From The Valerie Plame Wilson Leak Investigation?
Signs that a Key Witness May Have Come Forward
FindLaw columnist and former counsel to the President John Dean discusses a Washington, D.C. investigation that, as he notes, has lately been heating up -- with the possibility of grand jury proceedings to come. The investigation probes the sources of the leak, by two senior Administration officials to columnist Robert Novak, of Valerie Plame Wilson's status as a covert CIA agent. Dean contends that the progress of the investigation -- including Attorney General Ashcroft's decision to recuse himself -- strongly suggests that at least one key witness has already come forward to cooperate with the government.
Tuesday, Jan. 06, 2004

The Ominous Omnibus Appropriations Bill
Why Senators Daschle and Byrd Were Right to Decry The Lowdown, Dirty Tactics That Led to It
FindLaw columnist and former counsel to the president John Dean discusses the strange process that led to the currently pending omnibus appropriations bill. Dean raises a number of critique of Congress's procedures with respect to the bill, and argues that it should ultimately be carefully considered before being voted upon, and should not pass by "unanimous consent."
Friday, Dec. 19, 2003

Making War Unnecessary
An Interview with Dr. David Hamburg
FindLaw columnist and former counsel to the President John Dean interviews Dr. David Hamburg, author of the book No More Killing Fields; president emeritus of the Carnegie Corporation; and eminent expert on conflict resolution. Dean and Hamburg discuss alternatives to wars, ways of preventing deadly conflicts, including diplomatic means, and the role of democracy in conflict resolution.
Friday, Dec. 05, 2003

An Early Assessment by Leading Presidential Scholars of George W. Bush's Presidency
Part Two
In Part Two of a two-part series of columns, FindLaw columnist and former counsel to the President John Dean discusses additional points raised by a recent book of essays that consider the current Bush Presidency from a number of different vantage points. Among the topics considered are President Bush's relationship to the press and to the public, his legislative strategy, and his standing in opinion polls.
Friday, Nov. 21, 2003

An Early Assessment By Leading Presidential Scholars
of George W. Bush's Presidency: Part One
In Part One of a two-part series, FindLaw columnist and former counsel to the President John W. Dean discusses a recent book compiling a set of essays that resulted from a conference held at Princeton's Woodrow Wilson school. The essays consider the current Bush Presidency from a number of differnet vantage points, and often find it wanting -- though they also disprove some oft-voiced criticisms of the President.
Friday, Nov. 07, 2003

Has George W. Bush Met His Own Ken Starr?
Presidential Lies, Those Who Expose Them, and How We Ought to Judge Among Them
FindLaw columnist and former counsel to the President John Dean discusses the history of Presidential lies, past and present, and argues that not only has our current President been lying, but his lies are very serious indeed. To make his case, Dean draws on two important sources -- Nation editor David Corn's The Lies of George W. Bush: Mastering the Politics of Deception and James Pfiffner's essay on Presidential lying for The Presidential Studies Quarterly.
Friday, Oct. 24, 2003

A Further Look At The Criminal ChargesThat May Arise From the Plame Scandal, In Which a CIA Agent's Cover Was Blown
FindLaw columnist and former counsel to the President John Dean follows up on his earlier column relating to the disclosure -- apparently by two senior Bush Administration officials -- of Valerie Plame Wilson' s status as a covert CIA operative. Plame is the wife of former ambassador Joseph C. Wilson IV, who told the truth about the bogus claim relating to Saddam Hussein and Niger uranium. Dean previously argued that the disclosure itself could be criminal; now he argues, in addition, that exploiting the disclosure, as some Bush Administration officials allegedly have done, may also be a crime.