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mijopo.livejournal.comPre-Election Obama
Obama in 2006 speaking about the Military Commissions Act:
"But restricting somebody's right to challenge their imprisonment indefinitely is not going to make us safer. In fact, recent evidence shows it is probably making us less safe."
Obama on the Supreme Court's Boumediene ruling:
"This is an important step toward reestablishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. "
From a Q&A with Charlie Savage:
To what extent are Obama's national security policies shaping up to be inconsistent with the ideals he spelled out during his campaign as represented in part by the statements above? More pointedly: (i) Are his new improved military commissions consistent with the spirit of, or even the explicit statements such as the above? (ii) What about his appeal of a decision granting habeas corpus rights to some being held in Afghanistan? (iii) What about the indefinite "preventive" detention policy he discussed in last Thursday's speech? (Frankly, I've been very disappointed with Obama on this front but I'm not posing these questions rhetorically. I would be interested to hear if anyone thinks they can reconcile Obama's campaign (and inauguration) statements and promises with the, at least prima facie, Bushian turn his policies have taken.)
For further reference:
Obama in 2006 speaking about the Military Commissions Act:
"But restricting somebody's right to challenge their imprisonment indefinitely is not going to make us safer. In fact, recent evidence shows it is probably making us less safe."
Obama on the Supreme Court's Boumediene ruling:
"This is an important step toward reestablishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. "
From a Q&A with Charlie Savage:
Savage: Do you agree or disagree with the statement made by former Attorney General Gonzales in January 2007 that nothing in the Constitution confers an affirmative right to habeas corpus, separate from any statutory habeas rights Congress might grant or take away? (Savage)
Obama: Disagree strongly.
Savage: Is there any executive power the Bush administration has claimed or exercised that you think is unconstitutional? Anything you think is simply a bad idea?
Obama: The creation of military commissions, without congressional authorization, was unlawful (as the Supreme Court held) and a bad idea. [note punctuation here]
Question:Obama: Disagree strongly.
Savage: Is there any executive power the Bush administration has claimed or exercised that you think is unconstitutional? Anything you think is simply a bad idea?
Obama: The creation of military commissions, without congressional authorization, was unlawful (as the Supreme Court held) and a bad idea. [note punctuation here]
To what extent are Obama's national security policies shaping up to be inconsistent with the ideals he spelled out during his campaign as represented in part by the statements above? More pointedly: (i) Are his new improved military commissions consistent with the spirit of, or even the explicit statements such as the above? (ii) What about his appeal of a decision granting habeas corpus rights to some being held in Afghanistan? (iii) What about the indefinite "preventive" detention policy he discussed in last Thursday's speech? (Frankly, I've been very disappointed with Obama on this front but I'm not posing these questions rhetorically. I would be interested to hear if anyone thinks they can reconcile Obama's campaign (and inauguration) statements and promises with the, at least prima facie, Bushian turn his policies have taken.)
For further reference:
- Letter from Russ Feingold objecting to Obama's stated policy on indefinite detention.
- Charlie Savage article on new SCOTUS justice.
- Glenn Greenwald on growing backlash against "preventive detention".
- Obama's May 21, 2009 civil liberties speech.
