| | Ted: I think John Armaos answers some of your questions pretty well. A tip of the hat to him, plus a smilie. :-)
In general, Bush, Cheney, Rumsfeld, Wolfowitz, Gonzalez, and their whole amoral, unprincipled, fascist team find themselves very much above the law, in my view. They're honest in this in that they seem to know no alternative to detaining without charge, denying habeas corpus, torturing, etc. And they mostly openly advertised what they were going to do in advance, late in 2001, with no serious or sustained Democratic or Objectivist objections. Even now there really are none from either group. So these extreme criminals in the executive branch deserve a certain respect and sympathy, no doubt.
Still, the Bush Administration and all they control, routinely, wildly violate the constitution, federal law, the Uniformed Military Code, and Geneva Conventions with little restraint. Their only true respect for the law is a strong attempt at covering-up their activities, followed by a fierce intimidation of any whistle-blowers. So long as their egregious rights-violations can be plausibly categorized as part of their dishonestly, cowardly, foolishly named "war on terror," then pretty much any Nazi behavior goes.
Overall, Bush and company -- backed rather strongly by the ignorant, immoral, short-sighted, counter-productive US general public -- fights this pseudo-war against surpassingly weak enemies with a kind of extreme incompetence and confusion. They rather sincerely, and not all that viciously, try to make up for their poor understanding and "stategery" ;-) by operating in a very illiberal, un-American, sneaky, secret fashion. They do dismal police-state stuff no libertarian state should, by avoiding consultation with Congress, and oversight by the courts, and scrutiny by the public and pundits.
And let's not forget all the stuff Bush et al do that we don't know about yet: Perhaps every US email intercepted and data-mined, every credit card transaction reviewed, every cell phone used as a tracking device, all medical and financial transactions surveyed, more secret prisons and procedures, etc. And all without a warrant and in violation of the law.
I could write a book about all the civil liberties transgressed, and no doubt many such high-quality books are in the works right now.
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