Obama Gets a 'D' on State Secrets from Democratic Senator

[BlueJessamine]

Source: ABC News

Wisconsin Sen. Russ Feingold Grades New President on the Rule of Law

by Teddy Davis

President Obama is receiving a "D" for his handling of state secrets in a "rule of law" report card prepared by fellow Democrat Russ Feingold, a Wisconsin senator who heads a subcommittee on the Constitution.

"One hundred days into this administration, it's appropriate to assess how well the president has done so far," Feingold told ABC News. "I recognize that some of these issues will take time, but given how important these issues are to the country, Americans deserve a fair assessment of the administration's progress."

Obama's "D" on state secrets, which Feingold characterized as "troubling," is a timely reminder that this is one area where the new president has raised concern among some progressives. In the first 100 days, the Obama administration has invoked the state secrets privilege in three cases: Al Haramain Islamic Foundation v. Obama, Mohammed v. Jeppesen Dataplan, and Jewel v. NSA.

Obama's record in this area has drawn fire from civil liberties groups, even though many of them cheered his election in November. The Justice Department has responded to the criticism by saying that Obama is only invoking the state secrets privilege in cases where it is necessary.

Low as Obama's grade is in this area, Feingold's report says that the president would have received an "F" had it not been for the fact that Attorney General Eric Holder has indicated that he hopes to make public the result of his review of all the cases in which the state secrets privilege was used by the Bush administration.



Read more: http://abcnews.go.com/Politics/story?id=7443845&page=1

[Dawgs]

1. I like Russ, but he has an agenda here.

Obama is the one receiving intelligence briefings, not Feingold.

He's starting to sound like another Krugman, and complaining from the sidelines.

[billyoc]

2. What's his agenda?

[RUMMYisFROSTED]

5. Not using the bullshit "State Secrets" coverall.

A wicked, evil agenda.

[No Elephants]

13. Exactly what I was going to post. Feingold usually nails it.

[mod mom]

34. integrity.

[roguevalley]

47. agreed I love him.

[Psephos]

57. you nailed it n/t

[lamp_shade]

3. I like him too but I'm wondering if he was one of those being considered for

either the VP slot or another cabinet position.

[No Elephants]

15. If he had been, his name would be the only one that was not leaked. Seems

highly unlikely, given that he is more liberal than the vast majority of those appointed.

In any case, I don't see what being considered has to do with whether his statement is correct or not.

Whether someone can show Feingold is wrong about this would seem to be a lot more to the point.

[midnight]

46. What does the "but " have to do with following the rule of law?

Obama was a professor of civil rights. He gets a D from the Senator whom he want's to shape himself after. Obama better awaken that goal and listen to this Senator who has been working overtime to prevent our civil liberties from being taken away without a fight. We all should be fighting as hard to stand up for the rule of law.

[DrDan]

6. "complaining from the sidelines" - I guess you would prefer they be silent?

No criticism? No negative comments?

Sounds somewhat like the previous administration.

Seems to me that speaking out is a better approach - whether from the sideline or from within.

[Bluenorthwest]

12. When we declare that the United States Senate is

'the sidelines' what does that say about the status of the rest of us? Those Senators on the sidelines have been voted into office to represent their State. Would you have the Senate censored, or go direct to dissolving that body?
Sidelines indeed.

[freemarketer6]

10. But how many times will you say that? Which Dem will be next

on your list of those who have an agenda? Feingold is right.

[SkyDaddy7]

11. I totally agree!

It is really easy to call the shots from the sidelines.

[Bluenorthwest]

14. What ? The United States Senate is the sidlines?

According to the US Constitution, Congress is a co-equal branch of the US Government, and the Senate is the upper house of that co-equal branch.

[mikelgb]

16. Feingold is on Senate Intel Committee

And unless Obama is completely like Bush, the entire committee should be getting most briefings.

He is starting to sound like a nobel prize winner? I agree. But, I think the US Senate is somewhere on the field of play, not on the sidelines.

[karynnj]

18. Feingold is being consistent with Feingold -- and you likely had no problem with his stand when

Bush was President. He is the man who alone voted against the original Patriot Act that most Democrats thought had problems, but a high percent (ie 90%) was critically needed.

His criticism is polite and on issues. You can disagree with him - or with Krugman, but your attack is ridiculous. What is "his agenda"? Feingold worked with Obama on ethics issues, one of the areas where Obama had accomplishments as a Senator. Just as Feingold has principles in that area, he has them on open government. I think it commendable that he doesn't have a double standard.

[Dawgs]

22. I love Feingold on almost everything. That doesn't mean I can't complain when I think he's wrong.

I think his agenda is to do what's best for Feingold; which I don't think is always good for the country or his party.

[No Elephants]

24. Can you name one example of that before Obama took office? Also, can you explain how

taking this position on a highly popular President is likely to help Feingold?

[karynnj]

36. Can you defend that?

Feingold, especially when he takes these out of the Democratic mainstream positions, does not increase his own likelihood of being re-elected and certainly does not make himself more likely to be picked for a top cabinet position or to be a candidate for President or VP. Even in 2008, the year that someone more out of the mainstream could have done better given the anger in the country, his tentative run went nowhere.

These are things he has always been 100% consistent on. (Now if McCain or some libertarian, who didn't criticize Bush said this, what you said would be true.

[LostinVA]

51. That is a very, very serious charge against Feingold -- proof?

[Reterr]

55. "do what's best for Feingold"

Why is taking on a very popular president "good for Feingold"?

[katandmoon]

30. That's the exact same excuse a wingnut would make for Bush

[hughee99]

38. Exactly, I think it's great that Russ isn't afraid to speak truth to power...

as long as the repukes are in power.

[bvar22]

40. And when Democrats are in power...

..Feingold is NOT supposed to speak the truth? :shrug:

[hughee99]

42. Sorry, I forgot this...

:sarcasm:

:)

[midnight]

48. Here is some of Senator Feingold's agenda:

He wants to stop: No Limits on Use of Illegally Obtained Information

If the government goes forward with surveillance before obtaining court approval, and the court subsequently determines that the government’s surveillance violated the law, the government can nonetheless keep and use any information it obtained. The compromise does not include a provision from the Senate Judiciary Committee bill that gives the FISA Court discretion to impose restrictions on the use of information about Americans acquired through procedures later determined to be illegal by the FISA court. This amendment had the support of 40 Senators on the Senate floor.http://feingold.senate.gov/issues_fisafacts.html

[LostinVA]

50. I hope he IS "another Krugman"

Citizens need people like Krugman and Feingold, regardless of who is the Prez.

[Reterr]

54. Agreed

:thumbsup:

[Reterr]

53. Feingold is usually spot on imo.eom

[ThomCat]

56. This is the very definition of a fantatical cheerleader for Obama.

You think that even the senate is the sidelines and doesn't know anything.
You think even senators on the Senate Intelligence Committee don't get security briefings like the president.
You think they should shut up if they dare to disagree with your dear president.

You clearly think that only Obama should ever have an opinion and Everyone else should just STFU. That's not only really scary in a democracy, it's totally UnAmerican and against everything we should be standing up for.

You should be ashamed of yourself pushing this shit constantly.

[Reterr]

59. kick

:thumbsup:

I do criticize Obama sometimes, but overall I fall squarely between his fiercest *lefty* critics and his fiercest *lefty* defenders on DU (don't have much use for freeper trolls or Ron Paul/conspiracy theory nuts). I sometimes feel very positively towards some of his stances (his stances on science related issues have generally pleased me a lot) and sometimes very negatively (Geithner just keeps pissing me off. I read an in depth look by the NYT into Geithner and his background/stuff he was advocating last year and I really wish this guy would go away.)
I disagree with both the fiercest critics and the fiercest

But, given that Obama is currently in power and popular, I think a small portion of his base is acting in a rather Freeper like fashion by dubbing everyone who ever criticizes him however mildly as disloyal, selfish etc. That is NOT cool.

[GoddessOfGuinness]

4. Where's the rest of the report card?

Why are they only reporting one aspect of it?

[BlueJessamine]

25. re: rest of report card

:hi: excerpt from the ABC article:

Beyond the "D" on the state secrets privilege, the president received an "A" from Feingold for renouncing torture via executive order, a "B" for beginning the process of closing Guantanamo Bay detention facility and a "C" for rejecting the "flawed" military commission trial system which has been used at Guantanamo Bay.

And this is from Sen. Feingold's website:

Feingold assessed the steps the Obama administration has taken thus far to address recommendations made by forty organizations and experts in connection with a Senate Constitution Subcommittee hearing chaired by Feingold on September 16, 2008, entitled “Restoring the Rule of Law.”


Report Card:
The Obama Administration's Efforts to
Restore the Rule of Law During its First 100 Days

http://feingold.senate.gov/ruleoflaw/

[No Elephants]

27. Thank you. And welcome to DU.

[BlueJessamine]

31. Your welcome.

And thankyou.:)

[GoddessOfGuinness]

44. Thanks for the info!

:hi:
Interesting that the article in the OP was headlined with the most negative assessment.
Interesting, but not surprising.

[mvd]

58. Yes, his overall assessment isn't bad at all:

"Conclusion

While there is clearly more work to be done, in a number of important areas, the new administration has taken significant steps toward restoring the rule of law. Based on the recommendations generated by the September 16th Rule of Law hearing, the Obama administration’s actions on detention and interrogation policy have yielded the most positive results. The administration has not yet established a clear record on domestic surveillance and privacy, and may not until Congress takes action on measures such as the USA PATRIOT Act and the FISA Amendments Act.

The administration’s actions on excessive government secrecy have yielded mixed results. The administration has made, or has indicated it will make, more information available to the public including presidential records, information requested through FOIA, and OLC memos, as evidenced by the disclosure of memos regarding the CIA’s enhanced interrogation program. But the administration’s record on the state secrets privilege is troubling.

The Obama administration has made a clear break with the recklessness of the Bush administration, and the swift actions that President Obama took in his first days in office were a triumph for the rule of law. But as evidenced by the report, the job of fixing the damage done to our Constitution during the previous administration is far from finished and must continue to be a priority."

[madrchsod]

7. i`m not happy with obama`s and holder`s performance

relating to this issue and other related issues. both will have to work harder to get a C or B grade.

[saigon68]

9. Don't hold your breath

They should have shit-canned Joementum

Oops they can't

[bluebellbaby]

8. He doesn't have any agenda!

Here's a link to the Committee Assignments he has...

http://feingold.senate.gov/issues_index.html

Sitting on the Sentate Select Committee on Intelligence, Committee on Forgein Relations and Judiciary Committee...they are supposed to get security briefs too.

I will state that we don't know how "in depth" these reports are.

I support Senator Feingold, even if I don't like what his assessment of President Obama is currently...

We need honest opinions, we haven't had this for so long...it's really refreshing to hear honesty...not partisan bullcrap...

[Bucky]

28. I agree with you mostly. I don't like his grades or the publicity he's seeking here, but...

it's necessary for the pro-rule of law faction to keep its spin in the game too. I'm not sure I'd grade Obama so harshly--as RaleighDUer below states, "there ARE legitimate uses for state secrets." But in politics, if you don't make noise you don't get heard. Unlike most of what Obama gets from the Right, this is at least constructive dissent.

[RaleighNCDUer]

17. Sometimes, a state secret is just a state secret.

While Bushco regularly claimed 'state secrets' to cover up their own misdeeds, there ARE legitimate uses for state secrets - such as not revealing the identities of agents who are in deep cover in hostile organizations, not revealing the identities of foreign nationals who are doing espionage against their own governments, not revealing particulars about ongoing operations.

I personally believe in a limited use of state secret laws, and 100% disclosure after 25 years. With the speed of modern society, there can be virtually no chance of compromising any real secrets after that amount of time, and it would give historians the opportunity to talk to the principals while they're still breathing.

[No Elephants]

21. Feingold is very well aware that some things really do have to be

kept secret. He is a highly intelligent man who sits on key Committes, including Intelligence and Foreign Relations.

[No Elephants]

19. When people try to smear a Democratic Senator of Feingold's quality rather than

even attempt to contradict what he said, then refer to the United States Senate as the sidelines, something seems terribly wrong.

[Baby Snooks]

29. Kill the messenger!

That seems to be the approach on DU - if you don't like the message, kill the messenger. Some believe we have to blindly support Barack Obama just because. Just because? I don't blindly support anyone.

We were promised change. Where is it?

[omega minimo]

33. esp. as Sen. Feingold has repeatedly stood up for The People & Constitution when no one else would

Great post. Thank you.

"Something seems terribly wrong" indeed.

Someone terribly uninformed and ungrateful.

[karynnj]

37. I agree

[Vidar]

20. Going with Feingold. It needed to be said.

[BlueJessamine]

26. Agreed.

:fistbump:

[kristopher]

23. My assessment agrees with Feingold's

Although not as comprehensive, methodical or informed my gut feeling is that Feingold is right on target. I also agree with the point that this is an early assessment that may change dramatically with time. So far, Obama has shown a tendency to come through over the long haul, so I'll give him the benefit of the doubt for now.

[ooglymoogly]

32. Good on Feingold....he stands for down to earth reality and the constitution

every time. I'll put my trust in Feingold any day of the week and I don't cotton to folks calling the senate the sidelines. They are an equal branch of government.

[OnyxCollie]

35. I'm with Russ.

Invoking state secrets to cover up ILLEGAL warrantless wiretapping in the Al Haramain Islamic Foundation v. Obama, Mohammed v. Jeppesen Dataplan, and Jewel v. NSA cases is bullshit. Obama was a constitutional law professor: He KNOWS the cases are bullshit. It's about protecting big telecoms, not citizens.

[RufusTFirefly]

39. Feingold's nothing but a Freeper troll

Some of us have long suspected it. Why don't you and the Constitution go back to the sidelines, Russ? That's where you both belong.

:sarcasm:

[demwing]

41. Feingold is correct - but this report card is a gimick

Purely subjective, and at its core, publicity oriented. Not that shining a little of the light of publicity is a bad thing by default, but what's the motivation? Feingold reportedly opens up a bit in the artical:

Feingold is hoping the attention that surrounds publication of his report will pressure Obama to get behind the State Secrets Protection Act, legislation co-sponsored by the Wisconsin senator that would provide guidance to federal courts considering cases in which the government has exercised the state secrets privilege.

So Feingold does have an agenda. It may be a positive agenda, but its also a personal agenda. He wants this bill passed.

And the grading system? As I ventured - purely subjective. Feingold holds a hearing, the hearing asks various experts for recommendations, and the Obama administration is graded on whether it has taken positive actions on those recommended points. In other words, the administration is being graded on how well they've listened to Feingold.

Ultimately, I like Russ Feingold, and I think he's doing a good thing. Let's just call it what it is, and be satisfied with that.

[TheCoxwain]

43. He also gets a new D in the senate

I am talking about the Convert

[midnight]

49. That convert is one who's ambition to stay in office is compromised.

He knows he will lose, as the Republican, he has spent his whole life defending. So he will become a fake D. I wonder how Teddy Kennedy fells about this move?

[damntexdem]

45. It's not just "concern among some progressives"!

It's outrage, and/or disappointment, among those who believe in the Constitution and the rule of law.

[undeterred]

52. Feingold is a straight A U.S. Senator

or I wouldn't pay it any attention.