Obama, the ICRC Report and Ongoing Suppression
So candidate Obama unambiguously vowed to his supporters that he would work to ensure "full accountability" for "past offenses" in surveillance lawbreaking. President Obama, however, has now become the prime impediment to precisely that accountability, repeatedly engaging in extraordinary legal maneuvers to ensure that "past offenses" -- both in the surveillance and torture/rendition realm -- remain secret and forever immunized from judicial review. Put another way, Obama has repeatedly done the exact opposite of what he vowed he would do: rather than "seek full accountability for past offenses," he has been working feverishly to block such accountability, by embracing the same radical Bush/Cheney views and rhetoric regarding presidential secrecy powers that caused so much controversy and anger for the last several years.
And note the pure deceit on the part of Senate Democrats who justified telecom immunity by continuously assuring the public that the Bush officials who ordered the illegal surveillance (as opposed to the telecoms who broke the law by enabling it) would still be subject to legal accountability. It was obvious at the time (as was often pointed out) that they were outright lying when they said this -- because all sorts of legal instruments had been invoked (such as "state secrets" and "standing" arguments) to protect those government officials from that accountability (legal instruments Democrats knowingly left in place), and now it is Barack Obama who is leading the way in ensuring that the assurances given by Senate Democrats -- don't worry that we immunized the phone companies because Bush officials, who were the truly guilty parties in the illegal spying, will still be subject to legal accountability -- never materialize.
On a very related note: last night, The New York Review of Books published the full report of the International Committee of the Red Cross (.pdf), which documented in detail the brutal torture to which the 14 "high-value" detainees whom we disappeared into our CIA "black sites" were subjected and demanded "that the US authorities investigate all allegations of ill-treatment and take steps to punish the perpetrators, where appropriate." As Scott Horton notes, the ICRC does not call for investigations and prosecutions easily, but rather, "only where the evidence of criminal conduct is manifest." Yet Obama's handpicked CIA Director, Leon Panetta, continues to demand that there be no investigations of any kind, let alone prosecutions. As a CIA spokesperson told the New York Times yesterday in response to the ICRC report:
Accompanying the ICRC report was an article by Mark Danner, the superb journalist who obtained the ICRC Report and disclosed it. In his article, Danner describes the grave dangers from preserving ongoing secrecy surrouding Bush/Cheney crimes (h/t bystander; emphasis added):
As Danner explains, it is simply impossible for Obama to "turn the page" on (let alone reverse) the dark Bush/Cheney era of war crimes while he simultaneously turns himself into the prime agent suppressing the facts surrounding those crimes and vigorously shielding the criminals from all investigation and accountability.
Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book "How Would a Patriot Act?," a critique of the Bush administration's use of executive power, released in May 2006. His second book, "A Tragic Legacy", examines the Bush legacy.
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