How's that working out?
Glen Greenwald:
...all year along, Barack Obama -- even as he called for the closing of Guantanamo -- has been strongly implying that he will retain George Bush's due-process-free system by continuing to imprison detainees without charges of any kind. In his May "civil liberties" speech cynically delivered at the National Archives in front of the U.S. Constitution, Obama announced that he would seek from Congress a law authorizing and governing the President's power to imprison detainees indefinitely and without charges. But in September, the administration announced he changed his mind: rather than seek a law authorizing these detentions, he would instead simply claim that Congress already "implicitly" authorized these powers when it enacted the 2001 AUMF against Al Qaeda -- thereby, as The New York Times put it, "adopting one of the arguments advanced by the Bush administration in years of debates about detention policies."
Today, The New York Times' Charlie Savage reports:The Obama administration has decided to continue to imprison without trials nearly 50 detainees at the Guantánamo Bay military prison in Cuba because a high-level task force has concluded that they are too difficult to prosecute but too dangerous to release, an administration official said on Thursday...
The more things Change... the more we appreciate the real nature of the Audacious Hype.
WASHINGTON — Although the FBI has acknowledged it improperly obtained thousands of Americans' phone records for years, the Obama administration continues to assert that the bureau can obtain them without any formal legal process or court oversight.
The FBI revealed this stance in a newly released report, troubling critics who'd hoped the bureau had been chastened enough by its own abuses to drop such a position.
In further support of the legal authority, however, the Justice Department's Office of Legal Counsel backed the FBI in a written opinion issued this month...
Hope on, Changed One. But try to Hype this:
A Federal judge has dismissed a complaint against the National Security Agency's (NSA) Bush-era warrantless wiretapping programme, prompting suggestions the US government is now able to mount mass surveillance operations unhindered by the courts or constitution.
Five AT&T customers sued the NSA after it emerged it had persuaded the telco to provide a wiretap in a major internet traffic exchange in San Francisco. The five claimed the programme, revealed by an AT&T whistleblower, had violated privacy laws...
Late on Thursday, Judge Vaughn Walker ruled that because the internet traffic of millions of Americans had been caught up in the dragnet, the harm alleged in the complaint was not specific to the plaintiffs, so the case should not proceed.
"The court has determined that neither group of plaintiffs/purported class representatives has alleged an injury that is sufficiently particular to those plaintiffs or to a distinct group to which those plaintiffs belong; rather, the harm alleged is a generalized grievance shared in substantially equal measure by all or a large class of citizens," wrote the Judge.
The government had also argued that the case should be dismissed because it would use its state secrets privilege to withold the necessary evidence, but the court did not rule on whether that was allowed. Barack Obama was criticised by civil liberties groups early in his presidency for authorising his attorney general to use the secrecy privilege, a tactic planned by Bush administration lawyers...
The government says it should be dismissed Because We Say So.
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