Brennan takes oath on draft Constitution—without Bill of Rights ~ Olivier Knox, Yahoo! News | The Ticket.
Oh, dear. This is probably not the symbolism the White House wanted.
Hours after CIA Director John Brennan took the oath of office—behind closed doors, far away from the press, perhaps befitting his status as America‘s top spy—the White House took pains to emphasize the symbolism of the ceremony.
“There’s one piece of this that I wanted to note for you,” spokesman Josh Earnest told reporters at their daily briefing. “Director Brennan was sworn in with his hand on an original draft of the Constitution that had George Washington’s personal handwriting and annotations on it, dating from 1787.”
Earnest said Brennan had asked for a document from the National Archives that would demonstrate the U.S. is a nation of laws.
“Director Brennan told the president that he made the request to the archives because he wanted to reaffirm his commitment to the rule of law as he took the oath of office as director of the CIA,” Earnest said.
The Constitution itself went into effect in 1789. But troublemaking blogger Marcy Wheeler points outthat what was missing from the Constitution in 1787 is also quite symbolic: The Bill of Rights, which did not officially go into effect until December 1791 after ratification by states. (Caution: Marcy’s post has some strong language.)
That means: No freedom of speech and of the press, no right to bear arms, no Fourth Amendment ban on “unreasonable searches and seizures,” and no right to a jury trial.
How … symbolic?
“That means, when Brennan vowed to protect and defend the Constitution, he was swearing on one that did not include the First, Fourth, Fifth, or Sixth Amendments — or any of the other Amendments now included in our Constitution. The Bill of Rights did not become part of our Constitution until 1791, 4 years after the Constitution that Brennan took his oath on.
I really don’t mean to be an asshole about this. But these vows always carry a great deal of symbolism. And whether he meant to invoke this symbolism or not, the moment at which Brennan took over the CIA happened to exclude (in symbolic form, though presumably not legally) the key limits on governmental power that protect American citizens.” ~ emptywheel.
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