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2016 Postmortem
Related: About this forumObama’s Smart Move on Drones - by Michael Tomasky
Feb 10, 2013 7:38 PM EST
The Presidents civil liberties record is far from ideal. But, says Michael Tomasky, at least give Obama credit for exploring ways to limit his own power
At John Brennans CIA confirmation hearing last week, which came right after the leak of the controversial Justice Department memo about the targeting of U.S. citizens, Senator Dianne Feinstein said that the Senate was reviewing proposals for special courts to oversee the program. At least that way, this awesome power to determine that a U.S. citizen had forfeited his right to due process by joining an enemy army wouldnt repose in one person. Then on Saturday, The New York Times noted that President Obama has been considering exactly this move. This provides a good occasion, then, to reflect on a difference between Obama and his predecessorObama has certainly continued and maybe even expanded some dreadful Bush-era practices on wiretapping, but at least hes apparently willing to relinquish some executive power. And that serves as a reminder that while we always have to be on guard against abuse of executive power, its also the case that some presidents are less creepy than others, and that in the post 9/11 era, we dont have much choice but to live with a lot of ambiguity in these matters.
The Times article cites a number of senatorsFeinstein, Ron Wyden, Saxby Chambliss, freshman Angus Kingexpressing their concern about the fact that a president can use secret evidence to label a citizen a terrorist and order his execution without a trial or judges ruling. For several paragraphs, youre reading this piece thinking that its a building congressional hue and cry that will force the Obama administration to submit to judicial reviews of the targeting of citizens.
But then you get to this sentence: An administration official who spoke of the White House deliberations on the condition of anonymity said President Obama had asked his security and legal advisers a year ago to see how you could have an independent review of planned strikes. That includes possible judicial review.
Now, let me acknowledge the obvious, which is that the Obama administration hasnt implemented this review. The leak of this memo to Mike Isikoff of NBC may indeed have been made by someone frustrated that the process wasnt moving fast enough. Carrying this change through is going to require legislation, and then these courts will need to be set up. Equally obviously, a secret court of the type envisioned is not going to satisfy civil libertarians, not only because its secret, but because the target would presumably have no representation at hearings.
But it would address a major concernthat the president alone shouldnt have such power. Im not saying that Obama deserves oh, the Nobel Peace Prize (!) for initiating such a process, if indeed it comes to pass. But its worth noting anyway. I dont know many presidents who would willingly see their own power be subject to more scrutiny. Can you imagine George W. Bush turning to Alberto Gonzales and saying, Fredo, Ive been thinking, I have too much executive power, howzabout we get some judges to review some of my decisions? And on the off chance there was such a moment of presidential weakness, Dick Cheney was there to cut any such nonsense short.
-snip-
http://www.thedailybeast.com/articles/2013/02/09/obama-s-smart-move-on-drones.html
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Obama’s Smart Move on Drones - by Michael Tomasky (Original Post)
DonViejo
Feb 2013
OP
On the matter of implementation, who would implement such a thing in the last 4 years' political
patrice
Feb 2013
#2
Ninga
(8,259 posts)1. This requires multiple readings (at least by me ). Thanks for posting.
patrice
(47,992 posts)2. On the matter of implementation, who would implement such a thing in the last 4 years' political
environment? especially if there were still some seriously dangerous double-triple-crossers out there?
Once again!! One doesn't have to approve in order to at least try to hypothetically understand all of the different dimensions of what is going on.
Amonester
(11,541 posts)3. I even doubt it will be implemented anytime before *at least* early 2015...
Methinks the tearorists will block that one too...
gRidlock oblige
patrice
(47,992 posts)4. tearorists: + fight against any movement to reform the U.N., thus leaving the IMF to continue its
its evil ways - AND - bad mouth the World Court at any and every opportunity - AND - pretend that what we don't know doesn't matter, because there are NO risks, though it'll be a long cold day in hell before the tearorists offer their OWN lives to die if their "calculation" that there are NO risks is wrong . . . .
. . . getting TIRED of all of this!
Cha
(295,532 posts)5. K&R and Bookmarked so
I can take more time to read it.
Thanks DonViejo