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From: 
Subject: Obama Backs Off a Reversal on Secrets 

 

President Obama's Justice Department has disappointingly reneged on that
important civil liberties issue. 
If this is a harbinger of things to come, it will be a long and arduous road
to give us back an America we 
can be proud of again.

Obama Backs Off a Reversal on Secrets (February 9, 2009)

http://www.nytimes.com/2009/02/10/us/10torture.html

SAN FRANCISCO 

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 Guantánamo 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.

That produced an angry response from Anthony D. Romero, executive director
of the American Civil Liberties Union, which is representing the
plaintiffs."This is not change," he said in a statement. "This is definitely
more of the same. Candidate Obama ran on a platform that would reform the
abuse of state secrets, but President Obama's Justice Department has
disappointingly reneged on that important civil liberties issue. If this is
a harbinger of things to come, it will be a long and arduous road to give us
back an America we can be proud of again." CLIP

 

A Call to End All Renditions

http://www.truthout.org/021109A

Marjorie Cohn, in an article for Jurist, presents legal background and
analysis on the United States's practice of rendition under the Bush
administration, and examines the legal opinions offered so far by the
Justice Department under President Barack Obama.

 

 

 

 

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