By Jared Chausow
By Katie Toth
By Elizabeth Flock
By Albert Samaha
By Anna Merlan
By Jon Campbell
By Jon Campbell
By Albert Samaha
In a December 5 editorial, The New York Times helped explain why Obama—who doesn't want to "look backward" at Bush cruelties—changed his mind: "The photos are of direct relevance to the ongoing national debate about accountability for the Bush-era abuses. No doubt their release would help drive home the cruelty of stress positions, mock executions, hooding, and other 'enhanced interrogation techniques' used against detainees and make it harder for officials to assert that improper conduct was aberrational than the predictable result of policies set at high levels."
Barack Obama may well go down in history as the President of Impunity for Bush, Cheney, and, in time, himself, for continuing the CIA "renditions."
But he will also be long remembered as the President of Permanent Detention. At the Supreme Court in 1987, in U.S. v. Salerno, Justice Thurgood Marshall, strenuously dissenting, warned: "Throughout the world today there are men, women, and children interned indefinitely, awaiting trials which may never come or which may be a mockery of the word, because their governments believe them to be 'dangerous.' Our Constitution . . . can shelter us forever against the dangers of such unchecked power."
Not forever. The Obama government is working to assure that its purchase of the supermax prison, the Thomson Correctional Center in Illinois, will be the permanent forced residence of certain Guantánamo terrorism suspects who can't be tried in our regular courtrooms because—gasp—they have been tortured, preventing the admission of "incriminating" statements they have made or—"state secrets" again!—a due process trial "would compromise sensitive sources and methods."
I increasingly wonder whose Constitution Barack Obama was teaching at the University of Chicago. China's? North Korea's? Robert Mugabe's? Glenn Greenwald, a former constitutional lawyer, whose byline I never miss on the Internet, asks: "What kind of a country passes a law that has no purpose other than to empower its leader to suppress evidence of the torture it inflicted on people?"
You may not be surprised to learn that my next book—to be published by Cato Institute, where I'm now a senior fellow—will be titled, Is This America?
I often disagree with ACLU Executive Director Anthony Romero—though I'm almost always in synch with his lawyers in the field—but Romero is right about Obama creating "Gitmo North": "While the Obama administration inherited the Guantánamo debacle, this current move is its own affirmative adoption of those policies. It is unimaginable that the Obama administration is using the same justification as the Bush administration used to undercut centuries of legal jurisprudence and the principle of innocent until proved guilty and the right to confront one's accusers. . . . The Obama administration's announcement contradicts everything the president has said about the need for America to return to leading with its values. American values do not contemplate disregarding our Constitution and skirting the criminal justice system."
If Dick Cheney were a gentleman, instead of continuing to criticize this president, he would congratulate him on his faithful allegiance to many signature policies of the Bush-Cheney transformation of America.
But never let it be said that President Obama is neglecting the patriotic education of America's young. On December 13, Clint Boulton reported on eweek.com, "The Electronic Frontier Foundation and Berkeley's Samuelson Clinic have sued the Department of Justice and five other government organizations (including the CIA and the Office of the Director of National Intelligence) for cloaking their policies for using Facebook, Twitter, and other social networks to investigate citizens in criminal and other matters. [The plaintiffs] want to know exactly how, and what kinds of information, the feds are accessing from users' social networking profiles."
Maybe Dick Cheney can ask Barack to confirm him as a friend on Facebook.
Charlie Savage, the Times ace reporter of constitutional violations, chillingly shows how Yale Law School professor Jack Balkin got to the core of the consequences of our "yes, we can" president by predicting that "Mr. Obama's ratifications of the basic outlines of the surveillance and detention policies he inherited would reverberate for generations. By bestowing bipartisan acceptance on them," Mr. Balkin said, "Mr. Obama is consolidating them as entrenched features of government."
Do Congressional Democratic leaders Harry Reid and Nancy Pelosi give a damn about this historic legacy of the Obama administration that they cluelessly help to nurture by providing lockstep Democratic majorities for?
Do you give a damn?