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Obama Changes… Once Again

April 9, 2009

Once more, President Obama changes his path and goes against his campaign pledges. Many of his supporters see this one as significant: his administration is now trying to make the federal government entirely immune from legal challenges to  wire-tapping.

The list of  unacceptable changes keeps growing…

  1. Sudan
  2. Armenia
  3. Wire-tapping
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16 Comments
  1. digbydolben permalink
    April 9, 2009 5:12 am

    In so far as these “secrets” relate to torture, there is plenty of evidence in the possession of the British government, in particular, which, under our laws here, can be accessed by human rights lawyers, if with difficulty.

    Under the laws of the European Union, if human rights violations stand no chance of being prosecuted in the criminals’ own countries, then the courts of Europe, including the International Commission on War Crimes in the Hague, MUST act.

    By refusing to clean up its own house, the United States Government is setting itself up, inevitably, for the same kind of confrontation with European courts that the government of Chile suffered in the case of Pinochet.

  2. David Nickol permalink
    April 9, 2009 8:16 am

    I am surprised no one has brought the following up here on Vox Nova. I have cut a lot out of the article, so don’t take what is below as the complete story. Still, it looks like possible illegalities are involved.

    Administration Seeks an Out On Bailout Rules for Firms
    Officials Worry Constraints Set by Congress Deter Participation

    The Obama administration is engineering its new bailout initiatives in a way that it believes will allow firms benefiting from the programs to avoid restrictions imposed by Congress, including limits on lavish executive pay, according to government officials. . . .

    The administration believes it can sidestep the rules because, in many cases, it has decided not to provide federal aid directly to financial companies, the sources said. Instead, the government has set up special entities that act as middlemen, channeling the bailout funds to the firms and, via this two-step process, stripping away the requirement that the restrictions be imposed, according to officials. . . .

    Although some experts are questioning the legality of this strategy, the officials said it gives them latitude to determine whether firms should be subject to the congressional restrictions, which would require recipients to turn over ownership stakes to the government, as well as curb executive pay. . . .

    In one program, designed to restart small-business lending, President Obama’s officials are planning to set up a middleman called a special-purpose vehicle — a term made notorious during the Enron scandal — or another type of entity to evade the congressional mandates, sources familiar with the matter said. . . .
    Yet as the Treasury has readied other programs, it has increasingly turned to creating the special entities. Legal experts said the Treasury’s plan to bypass the restrictions may be unlawful. . . .

    “They are basically trying to launder the money to avoid complying with the plain language of the law,” said David Zaring, a former Justice Department attorney who defended the government from lawsuits involving related legal issues. “They are trying to create a loophole to ignore Congress, and I think the courts will think that it’s ridiculous.”

    The federal watchdog agency overseeing the bailout is looking into the matter, trying to determine whether the Treasury’s actions are legal. . . .

  3. April 9, 2009 8:17 am

    The Patriot Act has a sunset provision that will force its reconsideration towards the end of the year. At that time, the Act will be substantially modified.

    I think it is a little early to make a judgment on these matters.

    • April 9, 2009 9:24 am

      Gerald

      From what I understand, this transcends the Patriot Act, and imo, goes to a dangerous level of precedent. I’m not going to whitewash where I disagree with President Obama, because I think it is possible that respectable criticism might cause reconsideration. And I am trying to keep him honest to his promises, not expectations beyond them.

  4. S.B. permalink
    April 9, 2009 8:25 am

    4. Iraq.
    5. Guantanamo

  5. April 9, 2009 8:31 am

    I read somewhere, a blog I think it was, that Obama was lying in his campaign promises in order to pander to his base, and would not actually implement the measures he was promising to support, and that therefore, it was OK for those who opposed these promised measures to vote for Obama.

    Although, as I recall, the issues under discussion at the time were abortion, embryo-destructive stem cell research, euthanasia, and other so-called “life” issues, rather than these issues related to war on terror.

    Still, it puzzled me at the time how Obama supporters could be so sure he was lying, and also so sure they knew on which topics he would keep his promises and on which he would not.

  6. Joseph permalink
    April 9, 2009 8:50 am

    Thank you S.B. Don’t forget those, Henry. Gitmo isn’t closed, and the illegal “transfer” of prisoners to hidden bases in Europe to endure more waterboarding and other forms of torture.

    The evils of Bush + limitless abortion + striking down of conscience protection + opening the floodgates for federal funding of ESCR = Obama (which is really more a reflection of his puppeteers, whom he seems very loyal to).

    • April 9, 2009 9:22 am

      I would be curious as to what he has changed in regards to Iraq. But I would say the issue of torture/prisons/etc could be #4.

      And Paul, which people said that? Really. Don’t misrepresent the arguments people gave. I don’t remember anyone saying that about Obama, but I do know many have said similar about various justices before….

  7. S.B. permalink
    April 9, 2009 9:48 am

    I do know many have said similar about various justices before….

    Not the case.

  8. Mike J. permalink
    April 9, 2009 12:47 pm

    He is a politician from Illinois. What did people really expect?

  9. April 9, 2009 2:55 pm

    Henry,

    When Congress takes up the Patriot Act later this fall, the question of warrantless wiretaps, the State secret’s clause, the right to sue the government for invasion of privacy, etc. will most likely be considered.

    Nancy Pelosi is a strong advocate of personal liberties and I sense she will correct many of the things that are so troubling now through the passage of appropriate legislation.

    Personally, I’d rather have changes made in the law than just leave it up to the administration to change its behavior. I think the Congress AND the Executive will work this out in a way that is satisfactory.

    But, this is no reason to stop criticizing Obama. Criticism can serve to strengthen his hand. My comments are intended only to point to a strategy as I see it.

  10. S.B. permalink
    April 9, 2009 3:01 pm

    When Congress takes up the Patriot Act later this fall, the question of warrantless wiretaps, the State secret’s clause, the right to sue the government for invasion of privacy, etc. will most likely be considered.

    That may be an accurate prediction, although it won’t be because any of the random topics you listed are actually part of the Patriot Act (with the exception being that Section 223 of the Patriot Act already does allow the right to sue the government for invasion of privacy).

  11. April 9, 2009 3:50 pm

    S.B.

    I agree. My point was merely to say that from a strategic perspective such thorny issues would most likely be given a thorough hearing once the amendments to Patriot Act comes up for review and after the reports of the Inspector’s General of the intelligence agencies have been finally submitted. Right now, my understanding is that the Bush administration’s interpretation of the Patriot Act provides for “sovereign immunity” and that if I’m illegally spied upon I can’t sue the government. So, it’s not the Patriot Act itself, but the interpretation that seems to be in question. Maybe you can clarify this.

  12. S.B. permalink
    April 9, 2009 4:22 pm

    Warrantless wiretaps were part of the “terrorist surveillance program” instituted by Bush, and somewhat ratified by Congress in the “Protect America” act. The “state secrets” privilege — as asserted by the Bush and now Obama administrations — isn’t part of the Patriot Act (as far as I can tell), but is a legal doctrine that has been applied by US courts at least since the 1950s.

  13. April 9, 2009 5:27 pm

    S.B.,

    Thanks.

  14. David Raber permalink
    April 10, 2009 9:28 am

    Yeah, and that “Honest Abe” Lincoln started out saying he didn’t want to abolish slavery, either!

    I’m afraid we have to make some allowances for how the political game is played–which has maybe more to do with the nature of the electorate (the deciders) than the inherent dishonesty of particular politicians.

    Let’s wait beyond a few weeks to see how Obama’s pgame plays out–although I must say I am personally quite disappointed that Obama has yet to singlehandedly solve this worldwide economic problem thingy.

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