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"A DELICATE BALANCE."

I don't know if you noticed, but our president can give a helluva speech. His time as a constitutional lawyer has endowed him with the kind of rhetorical reverence for the rule of law that I find incredibly touching. Whenever our nation has been at its worst, the promises of our founding documents have led us through. I know I'm not the only American who feels this way, and this president, more than any other in my lifetime, knows how to evoke that kind of pride.

The most important part of the president's speech wasn't the policy--he said little that was new. He condemned the use of torture in no uncertain terms, and rejected the idea that such methods are necessary to protect national security. He recommitted to reforming the "State Secrets" doctrine, which his administration has used in much the same manner has his predecessor despite promises to the contrary. He reiterated his commitment to trying as many suspected terrorists as possible within independent Article III courts, said that the military commissions would be revamped to be consistent with our legal obligations and be limited to trying those who had broken the laws of war, and he referred to the "third category", those who the government believes are dangerous but cannot be tried. Herein lies the most dangerous path for us as a country--whether or not you believe these men are guilty, the fact is that detention without due process is a fundamental violation of the same laws that Obama called "the source of our strength through the ages." I am skeptical that this power, once invoked, can ever be restrained. As for the photographs--Obama seemed to reassure human rights groups that they would ultimately be released yesterday--the idea that a government can shield scrutiny of its own wrongdoing based on national security reasons is a dangerous precedent to set.

The most important part of the president's speech was the framing of our national conversation around this issue. On Guantanamo, he reiterated that the prison has "set back the moral authority that is America’s strongest currency in the world." This is important, but it's secondary to another point the president made, that the creation of Guantanamo was not an issue of security but of shielding suspected terrorists from our judicial system. He spoke of the argument that has raged over the past few weeks, perhaps referring specifically to Dick Cheney when he referred to arguments that "are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country." He reframed his positions on national security, much as he does with all political issues, as standing between two "two opposite and absolutist ends," those who would never "put national security over transparency" and those who believe the Nixonian dictum that "that the President should have blanket authority to do whatever he wants."

I don't buy this framing. The fact is that there is no middle ground when it comes to due process. With his soaring and sincere rhetoric, the president has done an incredible job of selling his kinder, gentler War on Terror, and ultimately, the American people will likely have his back, if only because they trust him. In a sense, Barack Obama may be far more dangerous than George W. Bush when it comes to violating our civil liberties; where the American people feared the excesses of Bush, they trust wholly in the sincerity of Barack Obama. At least for now.

-- A. Serwer



COMMENTS

A waste of good popcorn money. I'e seent this movie before.
" The fact is that there is no middle ground when it comes to due process."
Crazy! Cheney said something similar regarding the fight against terrorism.
Who to trust??
Do you have any children willing to back up your claims?

Even if the GOP is largely a joke right now, they still seem to be able to control the debate on torture and Gitmo.

Sad to see Obama seems to be caving on this, and unlike Tim Fernholz' post above, I don't think it's politically necessary for any president to indefinitely put aside the Geneva Convention and habeas corpus, especially not a Democrat who promised otherwise.

It's beyond simple rhetorical hypocrisy. This is "far more dangerous" in more than just a sense.

The substance is simply put: Which is worse -- a gang of criminals passing through the city or a corrupt police force that refuses to enforce the laws?

And if Gitmo was/is weakening our nation -- what does Obama, or any rational person, think non-prosecution of torturers is doing?


Due process is a farce in this empire. Since its inception, false confessions, torture, and cellophane criminal charges, among other tactics, have found employ against the people of this country, especially Native, Black, immigrant, and poor white populations. In the name of national security, we slaughter millions to, in truth, secure the corporate and private, not public, interests of this American Empire, which in fact is no state but a corporation itself. The criminals who hold our economy and its resources for ransom of this empire must face prosecution!! Let us begin with a sweep of Congress and their many conflicts of interest and the Pentagon's proganada and self-defeating war machine.

In a sense, Barack Obama may be far more dangerous than George W. Bush when it comes to violating our civil liberties; where the American people feared the excesses of Bush, they trust wholly in the sincerity of Barack Obama.

Bingo!
Except not in A sense; in the only one that matters.
Let the Americans whine about Lambert instead.

I have wondered what further atrocities Cheney might have been able to engender had he been Reagan's vice president.

In the last sentence "where the American people feared the excesses of bush, they trust wholly in the sincerity of Barack Obama"
The words "fear" and "trust" should have been replaced with "ignorance".

HERE IS WHAT IS REALLY IN THE PHOTOS THAT OBAMA DOES NOT WANT RELEASED... Obama needs to learn the rule of law and the Constitution before he lectures Americans on morality...

U.S. Officials Admitted that Boys Were Sodomized In Iraq Prison

By Washington’s Blog

“May 21, 2009 “Washington’s Blog”— Many people have heard Pulitzer prize winning reporter Seymour Hersh’s claim that boys were sodomized at Abu Ghraib and that the Pentagon has video of the rapes.

Many people think that they’ll believe it when and if they ever see the video. But we don’t need to wait for the military to release the videos. There is already proof that Hersh is right.

For example, the Guardian wrote in 2004:

The October 12 memorandum, reported in the Washington Post…came to light as more details emerged of the extent of detainee abuse. Formal statements by inmates published yesterday describe horrific treatment at the hands of guards, including the rape of a teenage Iraqi boy by an army translator…

According to the leaked memorandum ... it also called for military intelligence officials to work more closely with the military police guards at the prison to “manipulate an internee’s emotions and weaknesses”...

In the Washington Post report, one detainee, Kasim Hilas, describes the rape of an Iraqi boy by a man in uniform, whose name has been blacked out of the statement, but who appears to be a translator working for the army.

“I saw [name blacked out] fucking a kid, his age would be about 15-18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard the screaming I climbed the door because on top it wasn’t covered and I saw [blacked out], who was wearing the military uniform putting his dick in the little kid’s ass,” Mr Hilas told military investigators. “I couldn’t see the face of the kid because his face wasn’t in front of the door. And the female soldier was taking pictures.”
It is not clear from the testimony whether the rapist described by Mr Hilas was working for a private contractor or was a US soldier…

Another inmate, Thaar Dawod, describes more abuse of teenage Iraqis. “They came with two boys naked and they were cuffed together face to face and Grainer [Corporal Charles Graner, one of the military policemen facing court martial] was beating them and a group of guards were watching and taking pictures from top and bottom and there was three female soldiers laughing at the prisoners,” he said.

More convincingly, the Telegraph wrote in 2004:

America was braced last night for new allegations of torture in Iraq after military officials said that photographs apparently showing US soldiers beating an Iraqi prisoner nearly to death and having sex with a female PoW were about to be released.

The officials told the US television network NBC that other images showed soldiers “acting inappropriately with a dead body”. A videotape, apparently made by US personnel, is said to show Iraqi guards raping young boys.

There you have it: the Telegraph implied in 2004 that U.S. officials admitted that there was a video of guards raping boys. Even if the Telegraph’s implication is wrong, there is strong evidence that such rapes did in fact occur as Hersh said.

And whether or not any of the rapists were U.S. soldiers or contractors, at the very least, American soldiers aided and abetted the rape by standing around and taking videos and photographs.

Whether or not Obama releases the photographic evidence, he must prosecute all of those who committed such atrocities, stood around and watched, ordered them to be committed, or created an environment in which they could occur.”


http://www.informationclearinghouse.info/article22675.htm

"The President should have blanket authority to do whatever he wants." This is Obama's philosophy, not Bush. Find the Article II power that lets the President buy, sell, and run (including hiring and firing) American banking and automobile industries, subverting written contracts along the way, among other things. He's going to have to pencil that part in later, I guess.

What a nitwit, tropicgirl.

So you need another dose of Abu Graib? Ding. Ding. The ones identified are in prison. Try a little harder to paint all our military as rapists. Good grief.

tropicgirl, maybe YOU should join the service to make it a hand-holding, kumbaya-singing organization. If I could, I'd write this slowly for your feeble understanding. The U.S. gov't under George W. Bush prosecuted servicemen that broke military law. They didn't wait around for the NYT to "break" a story that was already very old for them. If you want the cold, hard truth, investigate rape of either sex by either sex on any given liberal (or conservative for that matter) campus.

Do yourself a favor and get a clue.

It is interesting to read comments by liberals! They adore Obama, they get mesmorized by his speechmaking ability, how about the substance of what he says? EMPTY and 100% POLITICAL. What does he really stand for? YES, HE STANDS FOR OBAMA, GOD OBAMA, WHO IS ABOVE EVERYONE ELSE!

He may give a hell of a speech, but sadly it is totally lacking in substance;just more empty rhetoric by the Teleprompter President. Unfortunately, his pernicious blather is leading this country down a very dark and dangerous path. The man has accomplished little, except to divide the great country and incite racism to a level not seen in over 100 years. The man is a naive, clueless, racist idiot. A monument to imcompetency.

BWAHAAAAAA...that's a good one! Ohhh Adam, I thought you were completely serious when you said, "I don't know if you noticed, but our president can give a helluva speech", then I realized that no one who claims possession of brain matter can be THAT easily snowed. Almost had me going there!

Wow - the amazing opinions of people who have accomplished so little in life they are reduced to sounding off on the internet because no one with any clout will listen to them... fans; who neither have the talent nor skill to play the game and are dumb enough to think the people in the game actually care about what you think... if you can call it "thinking".
- Happy Friday Idiots.

Jeez, Fan, I thought we were just having a little conversation. Don't go away! Please! I want to hear about all your worldly accomplishments.

You are so in the tank. Why don't you make a 1/2 hour appointment so you can finish your ass kissing with a BIG smooch.

http://www.commentarymagazine.com/viewarticle.cfm/special-preview--the-gitmo-myth-and-the-torture-canard-15154

One perspective of the sequence of events that I would ask people to consider...

"He condemned the use of torture in no uncertain terms, and rejected the idea that such methods are necessary to protect national security."

And he keeps the right to use these methods open.

Hope And Change, Baby.
Smile And Wave, Just Smile And Wave.

This article reminds me of so many that I read on politics. The people don't really understand the way politics works. I agree that 'there should be no middle ground when it comes to due process', but the President unfortunately has to think about the political side whether we like it or not. The American people are the ones at fault for making thins political as is our 2 party system. The American people say they want better, but they are unwilling to sacrifice to get better. When things don't get better they are the first to complain. I think Mr. Server is overreacting on the releasing of the pictures. Unless you are on the inside have all of the facts you can't really know what kind of effect releasing the pictures or not releasing them has. Lastly, acting as if Obama is to be more feared than Bush is a joke. Until Obama sends thousands of soldiers to war based on lies and allows our country to be attacked without going after the real people responsible for 9/11, I don't think I have much to worry about.

A helluva a speech (written by others and available on two teleprompters allowing 180-deg. head rotation) is just about all he's capable of. He's a lawyer whose never tried a case, a Commander-in-Chief whose never served, an organizer who merely followed the instructions of Alinsky and others, and a self-absorbed little boy who was arrogant enough to write an auto-biography before he ever accomplished anything. He's never held a job for better than five years, and doesn't have the leadership capability to forge his own path. Great job, America.

I'm sorry if my worrying about my country - and not it's international currency - makes you uncomfortable. But, I've put up with Liberal hand-wringing for the last eight years. I should think you'd be capable of dealing with a couple of hundred days of loyal opposition.

I am disgusted. I finally read the executive order on torture for myself, and I cant believe it! I thought this was supposed to end FOR GOOD! I ama not a lawyer, but the text below sure like the President is hitting the "reset" on torture without actually barring the practices outright. Isn't guidance from the Department of Justice (or in Obama's case, the Attorney General, exactly what Bush used to justify torture? This sounds like he is simply saying, "Dont do that unless I, the righteous because I said so, President say you can"

(c) Interpretations of Common Article 3 and the Army Field Manual. From this day forward, unless the Attorney General with appropriate consultation provides further guidance, officers, employees, and other agents of the United States Government may, in conducting interrogations, act in reliance upon Army Field Manual 2-22.3, but may not, in conducting interrogations, rely upon any interpretation of the law governing interrogation -- including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2-22.3, and its predecessor document, Army Field Manual 34-52 -- issued by the Department of Justice between September 11, 2001, and January 20, 2009.

Yes, our President's respect for the Constitution is touching:

1. Destroying secured lender's rights in favor of the UAW's unsecured health care claims in the Chrysler deal. Now bond purchasers will not touch companies in bed with the gov't.

2. Setting compensation limits for executives. What section of the Constitution contains that power?

3. Controlling risk management functions for the financial industry. Where does that power come from?

4. Picking winners and losers. Bailout some, let others fail. Is that a government function?

And seeing how well the government has done with half the health industry (30+ trillion dollar unfunded liability), the gov't wants to take over the other half.

And how about a huge energy tax in the name of the environment.

Yes, the Obama administration is a model of legal and fiscal excellence.

this was a really stupid piece of junk thinking. I think the author was either drunk or hadnt taken his pill

What 'Civil Liberties' are you idiots talking about? I didn't see any of my civil liberties, taken away. You're all singing the same song, so you SHOULD be able to come up with an example, or two. But you CAN'T, and you NEVER do. Because you HAVEN'T lost them. You just keep mouthing your blather. You worry more about the KILLER of Danny Pearl, than you do about the folks that got him to SPILL HIS GUTS. Never in my lifetime, have I seen so much CONCERN for the health, and well being, of our ENEMY. This phenomina, is the SICKNESS, that is LIBERALISM. And, now that the IDIOT in the White House, wants to tie the hands of our Intelligence Services, so that the effeminate European can better enjoy his gooey cheese, when we're HIT again, it'll be these same FOOLS, who worry so much about their would be KILLERS' well being, that'll be writing, furiously-"Why didn't they CONNECT THE DOTS?" You all make me sick. I spit in your face.

What an array of stupid comments for the most part. People are attacking Obama for being as bad as Bush, and it's just such an ignorant view that it is pathetic. When you have a cabal of neocons intent on torture and unchecked power, that's usually worse than disagreeing with the methods of the Con Law Professor you hire to clean up the mess; you all have become so blinded by your own self-righteousness that you have COMPLETELY lost perspective, which only serves to give the neocons a pass, and that's the last thing we need while the Cheney Family Pro-Torture Jamboree is on the airwaves everyday selling their propaganda. Ever since progressives went nuclear on each other two weeks ago, we have gone from the news media running stories on the torture issue to Pelosi-gate and the Senate voting 90 - 9 against closing Guantanamo; pull your heads out of your backsides, people, stop wasting your ammunition on Obama and focus it on the people who ordered torture and defend it to this day. We need a united voice, pointed in the right direction, in order to keep the news media focused on the criminals that must be punished; the circus that the comments here reflect is a self-destructive, counterproductive embarrassment, and it's time for progressives online to get our eye back on the ball.

JerseyPaul's list covers only the tip of the iceberg. Now let's consider Obama's, aka Barry Soetoro, actual felonies:

1. Sharing maxed-out contributor lists with ACORN
- violation of campaign finance law

2. Lying on Illinois bar application regarding other identities -perjury

3. Violation of immigration law - as citizen of Indonesia, he was in the country illegally from childhood to adulthood; as an adult who entered under an Indonesian passport, he is a foreign tourist here without visa

4. Falsely claiming US citizenship - never applied for naturalization, took the oath of allegiance to the US, or renounced his Indonesian citizenship.

#4 is the biggie, because under the guise of being an American citizen, he stole for himself the right to vote, the right to hold elected office, the privelege of a US Senator's passport, the right to run for president, which has given him the opportunity to commit the other crimes JerseyPaul listed.

Let's also not forget the extortion/blackmail of the financial industry's executives, threatening them with undeserved government scrutiny and destruction of reputation if they didn't play his game his way.

For those who think I'm talking out of a tinfoil hat, his alias and Indonesian citizenship are well-documented in court records relating to his mamma's second marriage.

Yes, he's one scary individual, the more so because the high crimes and misdemeanors are going unchallenged by the Department of Justice.

Wait, which civil liberties is Obama threatening to take away from you? The one where you don't have reliable health care, or the one where your national financial system implodes in a fury of greed, or the bit about not storing the scary people too close to your helpless wife and kids?

He's not supposed to make it a utopia, you know. He's just supposed to make it BETTER.

People do trust Obama but why I want to know. He has been a huge disappointment with his caving to the bankers, torture, housing crisis and now he is giving in on health care. I notice he never presented a real health care plan but now he has invited the BIG Health into the room and they are taking over. They are also spending billions to fight any change. Can Obama be that blind? It doesn't matter that the GOP makes a public spectacle of themselves because the Democrats are doing their work for them. Same old, same old and still owned by Big Money. What did we work for? And why don't people see this? No change we can believe it.

Most of the comments here are:

1. Baaaa...Bush bad!
2. Moooo...Obama good!

That's about what it comes down to. The fact is that this is a complicated matter, like many things in life, and simplistic answers that make great slogans just don't work very well as policies.

When at war, all nations (including the saintly US) have used enhanced interrogation (what many would define as torture) in some circumstances...where the potential gain warranted it.

And bad things have happened during the war? Wow! Who woulda thunk it! Maybe that's why Sherman said "War is Hell".

When you can't dazzle them with facts (Cheney), dazzle them with bullsheet(Obama)

Let's get one liberal blogger to lay down the facts: the justice memos permitted EITs for a grand total of 3 terrorists. The US Congress, in 1994, adopted the UN Convention against torture with an exception for self-defense (i.e. war) instances. Obama has reserved the right of the president's office to determine if "EITs" are permissible, thus expanding the power of the executive branch AND claiming himself as moral arbiter of the free world. His speech said nothing and his own party voted against him re: shutting down Gtmo. Those are facts. Why do we care (after the millionth time) that he was born to an African Father and a single mom??? What possible connection is there to that and homeland security? Oh, I forgot, it connects to every policy he puts out.

Ironically, Mr. Serwer and Mr. Cheney actually agree on something: They both claim there can be no middle ground. That we have to choose between adherence to due process and preventing the slaughter of more Americans.

But there has to be a middle ground, and I give President Obama credit for trying to find it. He cannot do as Mr. Serwer wants, and insist on absolute due process if that means that a Khalid Sheikh Mohammed can walk out of a courtroom a free man, ready to kill Americans again. That would be catastrophic for Americans' confidence in our judicial system--and would probably end Obama's presidency right then and there.

Nor can he do as Mr. Cheney wants, and keep Guantanamo open. That would wreck America's image in the world--and represent a flip-flop on Obama's part comparable to Bush 41's "Read my lips--no new taxes".

If every legal issue were cut and dried, we wouldn't need a Supreme Court to pass judgment on ticklish matters. And if every political issue were so cut and dried, we wouldn't need a President to make decisions.

In a complex society, there must always be a middle ground. Otherwise the society collapses. It's incumbent on all of us not to make everything we want a non-negotiable demand. That's how we got one Civil War in 1860.

In this country, there is no middle ground when it comes jailing somebody without charges or a trial. Ever heard of the Magna Carta? Habeus Corpus?

It sickens me that O thinks he can just throw out 800 years of Anglo-American law.

Sadly, many of his Kool-Aid drinking followers will succumb to his unctuous justifications. They didn't vote on the issues, but on the cult of personality.

Anyone who looked at O's voting record would have seen that it is more conservative than Hillary's. The information was readily available online, but his followers insisted on chacterizing him as a liberal.

They thought he would stand up for their rights, but he voted "Present" over 100 times in the Illinois state senate. That is not the voting record of somebody with convictions or deeply held beliefs.

I too am a Tennesseean and can attest to the fact that Gov. Bredesen holds working people in contempt. Whether it is gutting TennCare or shredding the safety net or workers compensation, this man is a cheerleader for big insurance and big medicine.

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