(from The Nation, Ryan Devereaux, September 29, 2010. . . )
". . . As a candidate, Barack Obama opposed the Bush administration’s embrace of the state secrets privilege as tactic for deflecting litigation as part of his argument for greater transparency in Washington. He maintained the position, at least rhetorically, following his election. In a memo discussing the Freedom of Information Act in February 2009 the president wrote, “A democracy requires accountability, and accountability requires transparency.”
In an 18-month review of President Obama’s record on human rights, national security and civil liberties entitled “TheNewNormal,” Jaffer and Wizner praise the early accomplishments of the administration—including its release of crucial information regarding the Bush administration’s torture regime—but they also warn of a potential pitfall on the horizon. “There is a very real danger that the Obama administration will enshrine permanently within the law policies and practices that were widely considered extreme and unlawful during the Bush administration. There is a real danger, in other words, that the Obama administration will preside over the creation of a ‘new normal.’”
The Obama administration has invoked the state secrets privilege for the second time in less than a month—most recently in an effort to shut down discussion on the targeted killing of a US civilian who has not been charged of any crime—the new normal may have just arrived. . . "
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