Holder and Obama State Secrets Doctrine Continue

Something that has made waves among the legal and civil libertarian blogosphere is the Obama administrations continuation of the State Secrets Doctrine. The doctrine was created as a means to shield things the government did not want the public from plaintiffs in lawsuits. As with everything else the Bush Administration took this powerful secrecy tool to the next level. There was a great hope that the Obama administration would curtail the practice. Things like this seemed to feed the hope,

"The attorney general has directed that senior Justice Department officials review all assertions of the state secrets privilege to ensure that is being invoked only in legally appropriate situations," Justice Department spokesman Matt Miller said yesterday.

"It's vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government's actions that they have a right to know," Miller said.

Yay right? Well not so much.

"In a closely watched case involving rendition and torture, a lawyer for the Obama administration seemed to surprise a panel of federal appeals judges on Monday by pressing ahead with an argument for preserving state secrets originally developed by the Bush administration.

In the case, Binyam Mohamed, an Ethiopian native, and four other detainees filed suit against a subsidiary of Boeing for arranging flights for the Bush administration's "extraordinary rendition" program, in which terrorism suspects were secretly taken to other countries, where they say they were tortured. The Bush administration argued that the case should be dismissed because even discussing it in court could threaten national security and relations with other nations.

During the campaign, Mr. Obama harshly criticized the Bush administration's treatment of detainees, and he has broken with that administration on questions like whether to keep open the prison camp at Guantanamo Bay, Cuba. But a government lawyer, Douglas N. Letter, made the same state-secrets argument on Monday, startling several judges on the United States Court of Appeals for the Ninth Circuit.

"Is there anything material that has happened" that might have caused the Justice Department to shift its views, asked Judge Mary M. Schroeder, an appointee of President Jimmy Carter, coyly referring to the recent election.

"No, your honor," Mr. Letter replied.

Judge Schroeder asked, "The change in administration has no bearing?"

Once more, he said, "No, Your Honor." The position he was taking in court on behalf of the government had been "thoroughly vetted with the appropriate officials within the new administration," and "these are the authorized positions," he said."

What are we to make of this? Holder promised a review and apparently such a review was conducted here and it produced the same result as under Bush. Clearly then this must be a truly clear cut case for total secrecy. Again, not so much.

"A British 'resident' held at Guantanamo Bay was identified as a terrorist after confessing he had visited a 'joke' website on how to build a nuclear weapon, it was revealed last night.

Binyam Mohamed, a former UK asylum seeker, admitted to having read the 'instructions' after allegedly being beaten, hung up by his wrists for a week and having a gun held to his head in a Pakistani jail.

It was this confession that apparently convinced the CIA that they were holding a top Al Qaeda terrorist."

That this case was reviewed and the government felt compelled to maintain the same arguments is a horrifying indicator. The general problem is that there is seemingly an underlying need for a variation of the doctrine. As it was originally envisioned it was meant to keep select documents out of evidence because to reveal them would severely harm national security. While in theory this is a well founded doctrine in practice it has always been abused. The case that created it was in fact a government cover up. Glenn Greenwald has detailed the congressional efforts at reform here.

If we are going to have a doctrine of this nature it needs to be codified in law with clear intent and no wiggle room for the president. Some pieces of evidence maybe but entire cases? no. Even the government needs to be accountable to its people and embarrassment is no reason to deny justice.

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Gop still has no clue where they are going.

Matt Taibi has a piece in rolling stone on the McCain campaign that is classic Taibi. Biting, sardonic and generally painfully true. It lays open the GOP of 2008 as party without a plan and without a clue.

They lost in every way imaginable, on every political front. The symbol of their anti-gay crusade, Colorado congresswoman Marilyn Musgrave, was beheaded. The party that had made so much hay running against Mexicans saw noted anti-immigration crusader Bill Sali of Idaho ousted along with several other members of the Immigration Reform Caucus. The GOP's grasp on the so-called "moral values" issue likewise went up in roaring flames, with Rep. Vito Fossella of Staten Island the poster child — his morals were once so perfect that he refused to be seen with his gay sister, and now he's a national joke, bounced after being caught drunk driving and having unprotected, babymaking sex with a married Air Force officer.

The ironic thing is that the destruction of the Republican Party was a two-part process. Their president, George W. Bush, did most of the work by making virtually every mistake possible in his two terms, reducing the mightiest economy on Earth to the status of a beggar-debtor nation like Pakistan or Zambia. This was fucking up on a scale known only to a select few groups in history, your Romanovs, your Habsburgs, maybe the Han Dynasty, which pissed away a golden age of Chinese history by letting eunuchs take over the state. But John McCain and Sarah Palin made their own unique contribution to the disaster by running perhaps the most incompetent presidential campaign in modern times. They compounded a millionfold Bush's legacy of incompetence by soiling both possible Republican ideological strategies going forward: They killed off Bush-style neoconservatism as well as the more traditional fiscal conservatism McCain himself was once known for by trying to fuse both approaches into one gorgeously incoherent ticket. It was like trying to follow the recipes for Texas 10-alarm chili and a three-layer Black Forest chocolate cake in the same pan at the same time. The result — well, just take a bite!

I witness the whole pathetic mess summed up a week before the election, on a baseball field in Quakertown, Pennsylvania. The campaign has scheduled an outdoor rally, with a joint appearance by McCain and Palin, at this crucial moment in the race. But now there is driving snow and sleet, trees downed on roads all around, and the campaign — with no alternate indoor plan — is forced to cancel the event at the last minute. I watch as locals keep pulling up to the field, looking for the candidate, a lonely, rain-soaked "Country First" banner whipping back and forth above the stage. The whole scene captures the essence of the McCain run perfectly: Instead of a plan, they had an endless succession of dumb ideas scrapped at the 11th hour in favor of even dumber ones.

It was like that all election season. McCain kicked off his campaign with a stump speech that emphasized his inspirational personal story and experience. Then he picked someone even less experienced than Obama as his running mate and switched to a strategy of attacking his opponent's relationships with people like Bill Ayers. When that petered out, he switched to a new line of attack, trotting out the socialism business and claiming Obama was running for the office of "redistributionist-in-chief." The McCain camp tried running against the press, they tried running against Washington, they tried running against the Bush administration, they even tried running against the "liberal feminist agenda" — the latter just a few weeks after Sarah Palin called herself a feminist.

That was then and this is now. Certainly the GOP must have learned from the disaster that was for them the 2008 election. Umm well no. When democrats went out of power many of them said it was because they acted too much like republicans. they sacrificed core beliefs for some ill defined belief that america is a center right country that hates everything the dems stood for. These people were right that acting too much like republicans was a bad idea because the american people already agreed with the dems position on issue after issue. the dems were literally taking the less popular stances out of fear.

Republicans have a different problem in that the vast majority of americans dont agree with them or their core beliefs. still that has not stopped people from advocating the purge like Katon Dawson, the chairman of the South Carolina Republican Party,

Renew our commitment to our Party’s timeless principles...by reconfirming our commitment to be the party of smaller government, lower taxes, individual freedom, strong national security, respect for the sanctity of life, traditional marriage, the importance of family and the exceptionalism of America.

How many more elections must one party lose before it makes a real change? we might have a chance to find out.

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