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Category Archives: Justice Department

Continuing the Bush / Cheney "War on Terror" Policies

01 Monday Feb 2010

Posted by Craig in Justice Department, Obama, terrorism, torture, war on terror

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Barack Obama, Bush/Cheney, criminals, Glenn Greenwald, Khalid Sheikh Mohammed, Libya, Muammar Gaddafi, New York City, Newsweek, Obama DOJ, poor judgment, Ronald Reagan, rule of law, Salon, terrorist

As someone who voted for Barack Obama in 2008,  I’ve been disappointed in many of the actions of the Obama administration. None more so than their continuation of the Bush/Cheney policies of dealing with those accused of terrorist activities. I expected much better from a president who professed to be something of a Constitutional scholar, and the administration bowing to pressure over the weekend from those who are against trying Khalid Sheikh Mohammed and 4 others in New York City has only renewed that disappointment.

It also didn’t help that, in a Newsweek article on Friday, the Obama Justice Department has, what Newsweek called “downgraded” but a better term would be “whitewashed,” a Bush DOJ recommendation that Jay Bybee and John Yoo should be investigated for committing ethical violations in connection with authoring the 2002 torture memos. The Obama DOJ now calls their actions simply “poor judgment.”

In light of that, Glenn Greenwald has an excellent piece in Salon which is a must-read for anyone who shares my concerns, and which compares the Bush/Cheney policies with those of the current administration. The sad fact being that there isn’t much difference. Greenwald writes:

“From indefinite detention and renditions to denial of habeas rights, from military commissions and secrecy obsessions to state secrets abuses, many of the defining Bush/Cheney policies continue unabated under its successor administration.

...it’s now crystal clear that the country, especially its ruling elite, is either too petrified of Terrorism and/or too enamored of the powers which that fear enables to accept any real changes from the policies that were supposedly such a profound violation “of our values.”  One can only marvel at the consensus outrage generated by the mere notion that we charge people with crimes and give them trials if we want to lock them in a cage for life. Indeed, what was once the most basic and defining American principle — the State must charge someone with a crime and give them a fair trial in order to imprison them — has been magically transformed into Leftist extremism.”

…there is clearly a bipartisan and institutional craving for a revival (more accurately:  ongoing preservation)  of the core premise of Bush/Cheney radicalism:  that because we’re “at war” with Terrorists, our standard precepts of justice and due process do not apply and, indeed, must be violated.

That “Leftist extremism” would by today’s standards include that noted leftist, Ronald Reagan, whose policy on dealing with terrorists, as stated by L. Paul Bremer, the top Reagan State Department official in charge of  Terrorism policies, was this:

“Another important measure we have developed in our overall strategy is applying the rule of law to terrorists. Terrorists are criminals. They commit criminal actions like murder, kidnapping, and arson, and countries have laws to punish criminals. So a major element of our strategy has been to delegitimize terrorists, to get society to see them for what they are — criminals — and to use democracy’s most potent tool, the rule of law against them.”

Greenwald also has the just-released policy of another country in dealing with al-Qaeda, along with some quotes from that country’s leader. See who this sounds like:

“_____ will hold up to 300 al Qaeda members in jail indefinitely after they have completed their prison terms to stop them staging fresh attacks.

“These people are heretics. They are followers of (Osama) Bin Laden and Ayman al-Zawahri. They killed a number of civilians and police…It is a necessity to keep them in prison. They are very dangerous as they are ready to resume killing people in our streets here or travel…elsewhere to stage attacks…These people constitute a danger even when the court had pronounced its verdict. Security authorities are the ones who are responsible for this matter to say whether they are dangerous or not. The court verdict is void of reason in such cases.”

The country is Libya. The speaker is Muammar Gaddafi.

Department of Justice "Reviewing Request" to Investigate BCS

31 Sunday Jan 2010

Posted by Craig in Justice Department, Obama, torture

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BCS, Department of Justice, investigate, Obama

It’s nice to see that the Obama Department of Obstruction of Justice has its priorities straight. Investigate Bush administration officials for violations of the Geneva Conventions and the Convention Against Torture? Nah, gotta look forward, not back. How about at least going after the authors of the torture memos in the Bush DOJ? Nope, they just used “poor judgment,” nothing worth pursuing there. How about allegations that detainees at Guantanamo may have been murdered, which was then allegedly covered-up by those in charge who reported it as suicide? Nothing to see there either, move along.

But investigate the Bowl Championship Series? Yeah, buddy. Now we’ve got something of substance that we can sink our teeth into, something REALLY important:

“The Obama administration is considering several steps that would review the legality of the controversial Bowl Championship Series, the Justice Department said in a letter Friday to a senator who had asked for an antitrust review.

…Weich made note of the fact that President Barack Obama, before he was sworn in, had stated his preference for a playoff system. In 2008, Obama said he was going to “to throw my weight around a little bit” to nudge college football toward a playoff system, a point that Hatch stressed when he urged Obama last fall to ask the department to investigate the BCS.”

In the letter to Sen. Orrin Hatch, obtained by The Associated Press, Assistant Attorney General Ronald Weich wrote that the Justice Department is reviewing Hatch’s request and other materials to determine whether to open an investigation into whether the BCS violates antitrust laws.

Well, that would bring the number of campaign promises kept to…….one.

Obama DOJ: Authorizing Torture Just "Poor Judgment"

30 Saturday Jan 2010

Posted by Craig in Justice Department, Obama, torture

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2002 memo, DOJ, Jay Bybee, John Yoo, Newsweek, OPR, torture

The Obama administration Department of Looking Forward, Not Back has come to the conclusion that the authorization of the use of “enhanced interrogation techniques” torture is nothing more than “poor judgement.” From Michael Isikoff and Daniel Klaidman at Newsweek:

“..an upcoming Justice Department report from its ethics-watchdog unit, the Office of Professional Responsibility (OPR), clears the Bush administration lawyers who authored the “torture” memos of professional-misconduct allegations.

While the probe is sharply critical of the legal reasoning used to justify waterboarding and other “enhanced” interrogation techniques, NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.”

Meet the new DOJ, same as the old DOJ.

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