Civil Liberties and Obama's Failure

Despite the initial good news of the Obama administration on the civil liberties front, things have soured considerably in the last week. Obama’s public closure of Guantanamo was a necessary first step in returning something like constitutional sanity to a government hijacked by the right wing in the past eight years. But closing Guantanamo, it should be acknowledge by all, is only a first step—not an end game, and certainly nothing like a complete victory. It was only a very public announcement of a plan. The devil, of course is in the details.

One of those details emerged this week. Why has Obama reneged on one of his most important campaign promises? He had repeatedly called the Bush Administration’s invocation of state secrets opportunistic and anathema to constitutional government. So many waited with anticipation when AG Eric Holder dispatched a DOJ lawyer, Eric Letter, to file his administration’s claims in the case of Mohamed v. Jeppesen DataPlan, currently before the Ninth Circuit Court of Appeals. The case involves torture in Bush’s extraordinary rendition plan. This would have been a perfect opportunity for Obama’s administration to repudiate his predecessors and its legal tactics.

So why did Letter argue before the three-judge panel that the entire matter is a state secret? The details of the extraordinary rendition plan—a truly horrific policy that has bloodied the America’s hands and sullied our reputation—are known throughout the world. Why not air them in a federal courtroom? Why not submit to the rule of law? Is this not the American Way? And why does the Obama Justice Department attempt to cover up for the Bush Administration?

Those of us committed to restoring constitutional government have a duty to let this administration know such tactics are unacceptable. And they do not go unnoticed.