The Conscience of Abe’s Turn freedom of speech, defense, and life

Nine secret, Bush-era documents that the Obama administration released this week demonstrate the hubris of a powerful government and the danger posed by it.

Some of these documents are among the dozens of memos that the ACLU has been suing the Department of Justice to release. To echo Glenn Greenwald from last year: “Yet again, the ACLU has performed the function which Congress and the media are intended to perform but do not.”

One of the legal opinions, written in October 2001 by John Yoo, a lawyer with the Office of Legal Counsel, one who needs a Conscience, argued that the Fourth Amendment does not apply to military activities inside the United States. That is, the federal government thought it could get away with illegal searches and seizures and spying on innocent U.S. citizens, all without a warrant, as long as it could make it look like part of a military operation.

Yoo also advised that “First Amendment speech and press rights may also be subordinated to the overriding need to wage war,” without saying specifically how that might play out, adding that the fight against “terrorism may require even broader exercises of federal power domestically.”  read more »

While the Obama-administration DOJ’s right hand is investigating whether Bush torture-memo authors should be disciplined, its left hand is still upholding the very same torture policies.

The impression I get is what I expected to see: even though the administration has changed, the government is still being filled with the same paranoid babble that characterized the Bush administration, and the doofuses are afraid to dismiss it too quickly. Or rather, in a word: politics.

• A federal appeals court ordered the continued imprisonment of 17 Chinese ethnic Uighurs, who have been detained without charge for over seven years at Guantánamo Bay, despite the fact that the U.S. government no longer considers them “enemy combatants” and even admitted that it does not have the authority to detain them.

• The government is still wrestling with the case of Ali al-Marri, a U.S. citizen who has been detained indefinitely without trial.

• The Pentagon concluded that “the Guantánamo Bay prison complies with the humanitarian requirements of the Geneva conventions.” (They must be looking at a different version than the one I’m familiar with, which specifically disallows “violence to life and person, in particular… cruel treatment and torture; … outrages upon personal dignity, in particular, humiliating and degrading treatment; the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”)

• Obama’s new DOJ continue to regurgitate the Bush-era claims of “state secrets” in the Jeppesen case of 5 men who were kidnapped and tortured by the CIA.

• And the DOJ is still trying to gum up the ACLU’s effort to help Mohammed Jawad, a Guantánamo prisoner who has been unlawfully held by U.S. government since he was a teenager. (See also this post on Mohammed Jawad’s case.)

Yes, President Obama ordered that military commission proceedings be stopped, but the government is still pursuing a last-minute effort by the Bush administration to deny Jawad his right to challenge his imprisonment in a court of law.  read more »

A new year. A new U.S. president.

An editorial by Aziz Huq on The Nation website offers a prescription for “Dismantling the Imperial Presidency”, with a warning reminiscent of Lord Acton’s famous quote:

Radical change is needed to re-establish legitimate bounds to executive power. We must again place beyond the pale Nixon’s famous aphorism that “when the president does it, that means it’s not illegal.” But radical change—as early appointments and policy signals from the Obama transition team suggest—comes easier as campaign slogan than governing practice…

No matter how decent, any new president is tempted by the tools and trappings of executive authority. However tainted the Oval Office is now, Obama’s perspective will change dramatically on entering the White House…

(Click here to read the whole article.)

He goes on to offer measure Obama can take in three important areas: torture, the law that the executive follows, and accountability.

Always watching!
-TimK

The photographs show detainee abuse by U.S. forces in Iraq and Afghanistan. In September, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ordered the government to release the photos as part of an American Civil Liberties Union lawsuit seeking information on the abuse of prisoners held in U.S. custody overseas. Now, the Bush administration petitioned to appeal the order.

“This petition is a transparent attempt to delay accountability for the widespread abuse of prisoners held in U.S. custody abroad by keeping the public in the dark,” said Amrit Singh, staff attorney with the ACLU. “These photographs demonstrate that the abuse of prisoners held in U.S. custody abroad was not aberrational and not confined to Abu Ghraib, but the result of policies adopted by the highest-ranking officials in the administration. The immediate release of these photos is critical to bringing an end to the Bush administration’s torture policies and for preventing prisoner abuse in the future.”  read more »