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And, yes, I DO take it personally: When WILL Obama Speak to the Nation on Torture and Wiretapping?
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Thursday, April 09, 2009

When WILL Obama Speak to the Nation on Torture and Wiretapping?

buhdydharma at daily kos asks some very good questions...

In light of the DOJ's recent action to dismiss the right of citizens to sue for being spied on, which it is very difficult NOT to see as the government protecting it's right to spy on YOU without a warrant.

In light of the ICRC's, as the body charged with the task of charging torture, charges that the Bush Administration did indeed torture.

In light of the massive body of evidence in the public sphere that torture was systematically approved and used.

In light of Spain investigating the US for torture.

In light of the United Nations investigating the US for torture.

In light of the UK investigating itself for torture

In light of the assertion that the Obama Administration has apparently been pressured, either by Republicans or by the CIA or by a combination of both into not releasing the latest batch of Bush Torture Program memos.

And in the light of the fact that President Obama has not addressed either Domestic Spying or Torture in a meaningful and substantive way since he has taken office....yet in his campaign championed the Constitution, the rights of citizens, transparency, and the Rule of Law.

Finally, in light of the fact that Obama is rapidly losing the trust of many in his politically necessary base over his silence on these issues.

When will President Obama address these issues before the American people?

buhdydharma's concerns are immediately tempered on the same site by wmtriallawyer...
Now, it has been suggested that someone the new assertion of sovereign immunity made via the Patriot Act, FISA, etc. is breathtaking and such, but I just don't see it the way others do. I look at it from the perspective of the government lawyer, and if there is another argument to be advanced to defend my client on immunity grounds, even if that argument hasn't been advanced before, I'm going to use it. And I'm reasonably certain that is what the DOJ attorneys are doing...their job to defend their client. It has also been suggested that Congress, in passing the telecom immunity in the FISA revision claimed "Well, you can always sue the individual government actors," and that somehow, this Motion goes against the grain of that claim. This Motion doesn't change that one iota. Again, this is a Motion filed on behalf of the United States of America and related government Defendants, in their official capacity. If a Plaintiff finds that Wendy Wiretapper, working for NSA, violated a Plaintiff's civil rights, that lawsuit can still continue, but still be subject to personal immunities for official acts.

I am still wary of where this is going. Clearly, I'd like some more policy assurances from the Obama administration with respect to the wiretapping issue, and changes in the law.

But you can't blame the lawyers for defending their client. And you can't translate what they are doing to defend their client as a policy decision. At least not yet.

it's like i said in my post yesterday... i'm waiting for some REAL changes and so far all i'm seeing is more of same... the clock's tickin' and daylight's burnin'...

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