NYT editorial: on the "large retroactive hole" punched into FOIA (torture photos)

[mcablue]

12-5-2009

Exerpt:

We share concerns about inflaming hostility to American soldiers. But disclosure is the best way to demonstrate that this nation has truly broken from the Bush administration’s shameful policies. Letting officials decide not to release evidence of those policies is a dangerous step. Under the new law’s perverse logic, the more outrageous the government’s conduct, the greater the protection from disclosure.

Allowing the executive branch to hide an important category of information without any real review also ignores the core purpose of the Freedom of Information Act. For a president who rose to the White House on promises of transparency and reasonable limits on executive power, this is not a legal victory to be proud of.

Entire piece: http://www.nytimes.com/2009/12/05/opinion/05sat2.html?_r=1&ref=opinion

[Smarmie Doofus]

1. An isolated case of "selective" flip-flopping then, I suppose.

>>>>Mr. Obama had originally supported the release of the photographs. Then, in May, he flip-flopped and decided to resist court orders to make them public. He then threw his weight behind a bill giving Defense Secretary Robert Gates the authority to withhold pictures relating to “the treatment of individuals engaged, captured, or detained after Sept. 11, 2001,” by American troops.>>>>

Since we are otherwise assured by the president's defenders here and elsewhere that he is scrupulously consistent in pursuing exactly the agenda on which he campaigned: Iraq ( i.e. more of the same; Hey, I thought he said that that war a *"dumb" war".... emphasis Obama's), Afghanistan ( MUCH more of the same), GLBT rights (What are they, again? ), Ed "reform" ( i.e. more standardized testing; on top of standardized testing. Just plain UGGH!).

So when do we get to the good part? *Is* there a good part? So far, all I see is a badly-made 50's-era horror flick. Without the nostalgic, kitschy humor.

Maybe he'll "FLOP-flip", one of these days. How refreshing that would be. Hope springs eternal.

[elehhhhna]

2. my guess is that he's seen the photos , and balancing the

release of these alquaeda recruiting posters versus our right to know. I suspect they are the most atrocious photos one can imagine, and could upend our image of ourselves as a decent people for, like, ever. Their release would also probably trigger a storm of public demands for prosecutions.

That being said, i think they should be released. Let the chips fall.

[chill_wind]

5. Not isolated.

His flip-flopping goes all the way back to his campaign days, with his FISA-FIX politics.

[chill_wind]

3. He was taking a PR beating from Republicans and his Generals. He asked Craig for a loophole.

(...)

Nearly 100 days after Barack Obama entered office, his top White House lawyer, Greg Craig, braced the President's senior advisers for a potentially explosive development. The Administration was preparing to release photographs of suspected terrorists being abused in U.S. custody. On April 16, Craig asked chief of staff Rahm Emanuel to focus on the issue. Emanuel pleaded for more time to bury the release behind other news. (Read "Why Obama Needs to Reveal Even More on Torture.")

The White House made public its plans to release the photos seven days later, triggering a powerful reprisal inside and outside the Obama Administration. The images included those of U.S. soldiers pointing guns at one detainee's head and a broomstick at the backside of another. Obama's field commanders advised that U.S. troops would die in an extremist reprisal if the release went ahead. Secretary of Defense Robert Gates originally supported the release, then opposed it. Republicans pummeled Obama for taking unnecessary risks with national security. Even John Kerry publicly voiced concern about the fallout. (See pictures of life inside Guantanamo.)

Less than three weeks later, Obama pulled a U-turn. When Craig walked into the Oval Office on Friday, May 8, for a hastily called meeting, the normally placid Obama was visibly unhappy. "I don't like my options," the President said. Craig told the President his lawyers had concluded there was no alternative to releasing the photos. Obama sent Craig scrambling for a new way out. Three days later, Craig had found a loophole: instead of releasing the photos, Obama would buy time by fighting their release all the way to the Supreme Court.

(...)

http://www.time.com/time/politics/article/0,8599,1940537-1,00.html

[Downtown Hound]

4. Moving away from Bush's shameful policies doesn't mean shit

If he and the rest of those responsible are never prosecuted.

[librechik]

6. It's obvious this president is not in control of the DOJ or the CIA at least

it's a very dangerous situation when the President is defied by his own departments.

[Dragonfli]

7. People like to dance around the simple truth - This administration does not believe in law.

Or more precisely agrees with the last administration that the executive branch (and random friends) are somehow above the law.
Just as they appear to agree that the last administration was also above the law.

We officially became a post constitutional government when the white house decided that no former administration officials should be charged with the crimes against the constitution they were guilty of.

Our post constitutional "above the law government" has been cemented as such by allowing illegal taping of phones and e-mail, it's refusal to end torture and illegal detainment (breaking international as well as domestic laws), and ignoring freedoms and rights that are supposed to exist within our country under our now discarded constitution.

I did not see the lawlessness coming during the election, perhaps I was simply being naive, but it no longer serves me or anyone else to remain naive now that the truth has become apparent.

It is time for all of us to admit the truth. We are no longer protected by the constitution and are being ruled by a regime that does not consider itself bound by the laws of the common man.

We must fight for the constitution and rule of law or nothing else can be achieved that will likely last.

I am back to square one minus my strongest ally - The Democratic party.

The GOP are hopelessly corrupt and lawless, and now that the majority of my party has joined them in their belief in such a special immunity from laws and rules, I no longer believe there is a party that will stand for me and all of our rights.

The realization of the truth does not help provide the solution however, it just means we are on our own save for a few individuals that perhaps we can elect to help. I will not vote for a post-Constitution politician ever again, but that is likely to make no difference at all, plenty of groupies on both sides will continue to vote for more "above the law" politicians because they want to have a beer with that politician or if it is based on charisma, they just like that dreamy smile.

Perhaps the Greens still have Democratic values and progressive goals and believe in upholding the constitution. I don't know if that is just being naive all over again.

I think there is a very real possibility that a Democrat such as myself will only find Democratic ideals and representation outside of the Democratic party. That is just sad, really sad. Do I thank the DLC for this or the Republicans? They are at times interchangeable.

[readmoreoften]

8. I agree wholeheartedly.

And that's why I organize outside the Democratic Party. There are Democrats who get my vote, but I believe the party as a whole is corrupt. The only thing I see changing this country from a kleptocracy to a democracy is a strong non-electoral left wielding traditional tactics like general strikes. If the people like it, the rich will fight it through electronic propaganda--which they own. The internet isn't enough. People have a conflicted relationship with the mainstream news. They don't believe the mainstream news and they don't believe anything that's being reported outside the mainstream news because it hasn't made the mainstream news.

Thankfully, the left outside the Democratic Party is growing and regrouping. Perhaps it will put pressure on the Party, which is rapidly making itself obsolete. It's two wings of the same Party (Republican) anymore.