"The irony with the Cheney crowd pushing the envelope on presidential power is that the president has now ended up with lesser powers than he would have had if they had made less extravagant, monarchical claims," said Bruce Fein, an associate deputy attorney general under President Ronald Reagan. Flanigan, a founding member of that crowd, said he still believes that Addington and Yoo were right in their "application of generally accepted constitutional principles." But he acknowledged that many battles ended badly. "The Supreme Court," Flanigan said, "decided to change the rules." Even so, Cheney's losses were not always as they appeared.
On Oct. 5, 2005, the Senate voted 90 to 9 in favor of McCain's Detainee Treatment Act, which included the Geneva language [Read the bill]. It was, by any measure, a rebuke to Cheney. Bush signed the bill into law. "Well, I don't win all the arguments," Cheney told the Wall Street Journal.
[Bruce Fein is counsel to the Ron Paul campaign]