An emerging progressive consensus on Obama's executive power and secrecy abuses

[billyoc]

In the last week alone, the Obama DOJ (a) attempted to shield Bush's illegal spying programs from judicial review by (yet again) invoking the very "state secrets" argument that Democrats spent years condemning and by inventing a brand new "sovereign immunity" claim that not even the Bush administration espoused, and (b) argued that individuals abducted outside of Afghanistan by the U.S. and then "rendered" to and imprisoned in Bagram have no rights of any kind -- not even to have a hearing to contest the accusations against them -- even if they are not Afghans and were captured far away from any "battlefield." These were merely the latest -- and among the most disturbing -- in a string of episodes in which the Obama administration has explicitly claimed to possess the very presidential powers that Bush critics spent years condemning as radical, lawless and authoritarian.

It is becoming increasingly difficult for honest Obama supporters to dismiss away or even minimize these criticisms and, especially, to malign the motives of critics. After all, the Obama DOJ's embrace of many (though by no means all) of the most radical and extremist Bush/Cheney positions -- and the contradictions between Obama's campaign claims and his actions as President -- are now so glaring and severe that the harshest denunciations of Obama's actions are coming from those who, during the Bush years, were held up by liberals and by Obama supporters as the most trustworthy and praiseworthy authorities on these matters.

The Electronic Frontier Foundation (EFF) -- which, to the cheers of liberals everywhere, was one of the nation's most stalwart defenders against the Bush assault on core civil liberties -- declared last week: "In Warrantless Wiretapping Case, Obama DOJ's New Arguments Are Worse Than Bush's." On Tuesday night, Keith Olbermann began his show by announcing:

President Obama‘s Justice Department now is not just defending Bush officials from lawsuits surrounding National Security Agency domestic spying, but seeking to expand the government's authority by making it immune from any legal challenge regarding wiretapping -- ever.

Olbermann went on to add that "the Obama administration is just flat-out dead wrong about this" and then contrasted Obama's campaign statements on transparency with his conduct as President and concluded: "That was then, this is now." Law Professor Jonathan Turley -- who, as a regular on Olbermann's show during the Bush years, was one of the single most-cited and praised sources by the netroots on matters of executive authority -- said that Bush officials should wave a "Mission Accomplished" banner because they "have Barack Obama adopting the same extremist arguments and, in fact, exceeding the extremist arguments made by President Bush."

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http://www.salon.com/opinion/greenwald/2009/04/13/obama/index.html