Community | September 16, 2011 | 0 comments

ACLU report on Obama and civil liberties

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Remember when Obama undoing what Bush did and getting back to the Consitution was cool and popular? Turns out Obama has still been as bad as Bush and even worse in some cases.

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Last week, the top lawyer and 34-year-veteran of the CIA, John Rizzo, explained to PBS' Frontline that Obama has "changed virtually nothing" from Bush policies in these areas, and this week, the ACLU explains that "most [Bush] policies remain core elements of our national security strategy today."

At some point very soon, this basic truth will be impossible to deny with a straight face even for the most hardened loyalists of both parties, each of whom have been eager, for their own reasons, to deny it (and even the two differences cited there, though positive, are wildly exaggerated by Obama defenders: the torture techniques authorized by Bush were no longer in use and the CIA black sites were empty by the time Obama was inaugurated; by contrast, there is ample evidence that the Obama administration continues to use torture by proxy and rendition/CIA-black-sites by proxy as well).

The report is broken down into sections/chapters, and here are a few highlights:

The ACLU then devotes an entire chapter to the way in which immunity for America's torturers -- bestowed jointly by President Obama and a judicial branch meekly deferential to his and Bush's claims of state secrecy -- has contaminated and degraded the entire justice system and made the future reintroduction of torture a virtual inevitability:

This Surveillance State, like most other Bush/Obama Terrorism policies, is justified by a never-ending orgy of fear-mongering. But other than the enrichment of the private Security State industry (see here and here).

A separate chapter is devoted to what the ACLU calls "A Massive and Unchecked Surveillance Society." It explains: "Using Patriot Act authority, the Bush Administration started -- and the Obama Administration has continued -- to conduct wholesale 'preventive' surveillance of innocent Americans without judicial review." And "the result is a national surveillance society in which Americans’ right to privacy is under unprecedented siege." But little is known about exactly what is being done by this purely unaccountable hidden government -- what The Washington Post calls "Top Secret America" -- because of this:

Pointing to that core theory of both presidencies, the ACLU dispatches one of the most misleading claims of Obama defenders: that the President's failure to close Guantanamo is due exclusively to Congressional obstructionism; in fact, long before Congress acted at all with regard to that camp, the President announced his intention to continue its core injustice -- indefinite detention -- albeit in a different locale:

During the Bush era, the actions and condemnations of the ACLU received ample positive attention from progressives. That, of course, is no longer true, and this damning report will likely be ignored in most of those circles, just as this truly remarkable comment from the ACLU's Executive Director has been. And, as usual, anyone urging that attention be paid to these facts will be met with demands that eyes be diverted instead to how scary Sarah Palin Christine O'Donnell Michele Bachmann Rick Perry is, and then this will all blissfully fade away in a cloud of partisan electioneering even with the election more than a year away.

Either way, this creeping unchecked authoritarianism marches forward unabated, and is now -- rather than the province of the right-wing GOP -- fully bipartisan consensus. I really don't understand how progressives think they'll be taken seriously the next time there is a GOP President and they try to resurrect their feigned concern for these matters; they'll be every bit as credible as conservatives who pretend to be deficit-warriors and defenders of restrained government only when the other party is in power.
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