Some people still refuse to see the difference in what the majority calls "conflict of interest" of this administration.
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Quid Pro Quack
March 21, 2004
By MAUREEN DOWD
WASHINGTON
That incandescent intellect, the Stephen Hawking of
jurisprudence, has been kind enough to take time from his
busy schedule to explain to us how the Republic really
works.
Antonin Scalia has devoted 21 pages to illuminating the
impertinence of those who suggest that it is wrong for a
Supreme Court justice to take favors from a friend with a
case before the court.
Res ipsa loquitur, baby. Why should the justice who put
Dick Cheney in the White House stop helping him now? It's
the logrolling, stupid!
"Many justices have reached this court precisely because
they were friends of the incumbent president or other
senior officials," the justice sniffs.
That elite old boy network can really help in those dicey
moments when you need to stop the wrong sort, like Al Gore,
from getting ahead.
You don't stop ingratiating yourself with your powerful
friends and accepting "social courtesies" from them just
because you get on the court. Ingratitude is a terrible
vice.
Anyway, what's the point of being in the ultimate insiders'
club if you have to fly coach, eat at IHOP and follow silly
rules on conflict of interest?
Justice Scalia proffers that while he accepted the vice
president's offer of a ride on Air Force Two to Louisiana
for a duck hunting trip, taking along his son and
son-in-law, there was no quid pro quack. "I never hunted in
the same blind as the vice president," he says. No need for
justice to be blind when the blinds are just.
Not since Tony Soprano discovered ducks in his swimming
pool have ducks revealed so much about the man.
The justice elucidates that if he and his family had not
accepted a free ride on Air Force Two, there would have
been "considerable inconvenience" to his other friends, who
would have had to meet a commercial plane in New Orleans
and arrange car and boat trips to the hunting camp.
What is integrity compared to inconvenience?
"I daresay that, at a hypothetical charity auction, much more would be
bid for dinner for two at the White House than for a
one-way flight to Louisiana on the vice president's jet,"
he writes wittily. "Justices accept the former with
regularity." Now there's an argument that requires a
first-rate mind: Everybody does it.
Only a few casuistical steps away from parsing the meaning
of "is," Justice Scalia writes that it is fine for him to
be friends with Mr. Cheney and hear his case as long as it
doesn't concern "the personal fortune or the personal
freedom of the friend."
Holy Halliburton, whatever were we thinking?
The Sierra Club suit is against Mr. Cheney in his official capacity,
not in his camouflage capacity.
"Political consequences are not my concern," says the
justice. Unless, of course, it's about picking the
president of the United States.
He reassures us that "Washington officials know the rules,
and know that discussing with judges pending cases - their
own or anyone else's - is forbidden." We must simply trust
them, for they were bred to lead. Watching Mr. Cheney and
Justice Scalia in action is all the proof one needs that
Washington officials would never break the rules or engage
in cronyism.
"If it is reasonable to think that a Supreme Court justice
can be bought so cheap, the nation is in deeper trouble
than I had imagined," the justice scoffs.
That's for sure.
Justice Scalia says, "The people must
have confidence in the integrity of the justices, and that
cannot exist in a system that assumes them to be
corruptible by the slightest friendship or favor, in an
atmosphere where the press will be eager to find
foot-faults." He observes that it would be nonsensical for
him to recuse himself simply because the press has the
effrontery to point out when someone has done something
wrong.
We, the press, are supposed to be the handmaidens and the
manservants of our rulers. If we fulfilled our duties
properly, our reports would go something like this:
In an admirable spirit of uncommon objectivity, in the
pursuit of truth, justice and the American way, Associate
Justice Scalia made time to poke around in the marshes of
Louisiana with the equally scrupulous Dick Cheney, and
then, refreshed by a well-deserved plane trip at our
expense, he continued to transmit his enlightenment to a
grateful nation.
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http://www.nytimes.com/2004/03/21/opinion/21DOWD.html?ex=1080875833&ei=1&en=e83b33ccb7027145