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...Despite Fielding's reference to "constitutional prerogatives," executive privilege is not actually mentioned in the Constitution and has been called "a constitutional myth" by legal historian Raoul Berger. President Eisenhower was the first to use the phrase and was its firmest proponent, according to Mark Rozell, a professor at George Mason University and the author of two books on executive privilege. "Eisenhower took a very strong stand, especially during the McCarthy hearings," he explains. When Senator Joseph McCarthy demanded that White House officials testify in 1954 about suspected communists, "Eisenhower responded that any man who testifies to Congress about what...

Author: /time Magazine | Title: The Executive Privilege Showdown | 3/21/2007 | See Source »

...reputations of the conservative governments of Tony Saca in El Salvador and Oscar Berger in Guatemala, two of Washington's few remaining allies in Latin America, have taken a severe hit. The countries share a southern border and have two of the strongest economies in Central America. Both are members of the Central American Free Trade Agreement and are seen by the U.S. as partners in the war on drugs. Just last fall the Bush Administration nominated Guatemala to take the Latin American seat on the U.N. Security Council as a means of shutting out Venezuela. The U.S. government says...

Author: /time Magazine | Title: A Murder Spree in Central America | 3/5/2007 | See Source »

...Berger, it means a failure of his campaign promise four years ago to clean up Guatemala's politics, notoriously corrupt since the country's 36-year civil war ended a decade ago. During that war, which claimed nearly a quarter-million lives, the Guatemalan military launched a scorched-earth counterinsurgency campaign against leftist guerillas, massacring entire Mayan villages accused of supporting the rebels. Many wartime figures were never prosecuted for their offenses, and human rights groups and the U.N. have warned that former state security forces - laid off after the peace accords mandated a downsizing of the military - could...

Author: /time Magazine | Title: A Murder Spree in Central America | 3/5/2007 | See Source »

...Although mystery still shrouds the deaths of the three Salvadoran deputies, Berger said that "a drug-trafficking gang with ties to both countries" was responsible. On Friday, the country's top police investigator, who was in charge of the policemen accused of murdering the congressman, resigned. And it will be seen in the coming weeks if other top Guatemalan officials, including the police chief or the interior minister, will be the next...

Author: /time Magazine | Title: A Murder Spree in Central America | 3/5/2007 | See Source »

DIED. David Berger, 94, self-described "people's lawyer" pivotal in jump-starting class-action lawsuits; in Palm Beach, Fla. His battles, which he launched in the early 1960s, included suits on behalf of victims of the nuclear accident at Three Mile Island in Pennsylvania, for whom he won some $30 million, and a much publicized 1971 suit by service-station operators against Big Oil for the right to sell any brand of gasoline. The operators won that right, and $37 million in damages, in a 1984 settlement...

Author: /time Magazine | Title: Milestones Mar. 12, 2007 | 3/1/2007 | See Source »

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