Obama's Bad Week:

From Glenn Greenwald:

Monday - Obama administration's letter to Britian threatening to cut off intelligence-sharing if British courts reveal the details of how we tortured British resident Binyam Mohamed;

Tuesday - Promoted to military commander in Afghanistan Gen. Stanley McChyrstal, who was deeply involved in some of the worst abuses of the Bush era;

Wednesday - Announced he was reversing himself and would try to conceal photographic evidence showing widespread detainee abuse -- despite the rulings from two separate courts (four federal judges unanimously) that the law compels their disclosure;

Friday - Unveiled his plan to preserve a modified system of military commissions for trying Guantanamo detainees, rather than using our extant-judicial processes for doing so.

Obama Seeks to Block Release of Detainee Photos

The President today said that he would attempt to block the release of photographs of detainee abuse by American soldiers in Iraq and Afghanistan. His rationale was that these photos could endanger the troops, while adding nothing to our knowledge of what occurred. While he may be correct that the publication of such pictures would inflame anti-American sentiment (though whether the open acknowledgement of such wrong doing by our government would have the same effect as the knowledge of the wrong doing itself is questionable), practical expediency does not seem to be a legitimate reason for this sort of action.

The ACLU had won a motion at the Federal District Court level related to the release of these photographs, and the Obama administration, along with the DOD, had agreed to release the photos, reasoning that they could not succeed in convincing the Supreme Court to weigh in on the matter. Obama's decision today is a reversal of his own position from last month, and is in opposition to the lower court ruling (I am guessing that the administration intends to make an appeal to the high court in this matter).

The long and short of this is that Obama is engaging in a cover-up of Bush-era policies that, by now, are hardly disputable as crimes. He is reneging on his campaign promise of transparency, and is doing so not by appealing to firm legal grounds, but by appealing to national security (the sort of rationale that lay behind much of the Bush administration's attempts at secrecy). By now, the country, and the world, knows that the US engaged in abuse - torture and worse. The release of these photos isn't necessary to prove that. But it would be helpful in establishing the extent to which these things occurred, and could help justify in the minds of Americans the need for investigations. Their release would also signal to the world that the US has changed course, and is attempting to regain its place among the decent, lawful nations of the world. Preventing their release, on the other hand, would be inimical to investigations (and perhaps this is one of the motives) and would signal to the world that the US will, above all else, protect its own, justice be damned.

Commentary by Andrew Sullivan and Glenn Greenwald (as per usual). Chris Cillizza weighs in with whatever it is he does. 

The Nith U.S. Circuit Court has ruled on the Jeppesen case

The court makes short work of the Obama administration's invocation of States Secrets to quash legal actions against the government:

"According to the government's theory, the judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law."

The upshot of this is that the court has (re-)affirmed that the only legitimate use of the State's Secrets privelege is for individual pieces of evidence which are evaluated by the courts.

A stirring victory for government accountability and transparency. 

As always, Glenn has more.

How Obama Excused Torture

"The evidence is now undeniable. President Barack Obama is flouting his unflagging constitutional obligation enshrined in Article II, Section 3 to “take Care that the Laws be faithfully executed.” He is also reneging on his signature campaign promise to restore the rule of law, transparency, and accountability to the White House. He is displaying the psychology of an arrogant empire as opposed to a modest republic in continuing and escalating the Bush-Cheney duumvirate’s global and perpetual war against international terrorism heedless of foreign sovereignties or the lives of civilians."

Bruce Fein, constitutional lawyer and former Associate Deputy Attorney General under Reagan, discusses the Obama administration's record on torture, secrecy, and the rule of law.

Update: Andrew Sullivan on Obama, Bush, and the Rule of Law: "...Obama's refusal to investigate war crimes is itself against the law."

Update II: Regarding Torture (via Glenn).

More of the same...

On the heels of the Obama administration's decision to embrace some of the more egregious elements of the Bush administration's policy on secrecy (see here and here), the Justice Department has appealed a district court ruling that granted Habeas Corpus rights to prisoners held at Afghanistan's Bagram Airforce Base.

In essence, the Obama administration is arguing that prisoners of the United States can be flown from anywhere in the world to Bagram and imprisoned without due process, indeed, without rights of any kind.

Keep in mind that the Obama administration isn't merely continuing a Bush-era lawsuit on this matter - it is actually appealing the ruling of a conservative Bush appointee who claimed that this procedure was as unconstitutional as what was happening at Guantanamo. In fact, the judge claimed that detainees at Bagram received fewer rights than detainees at Guantanamo.

More from Glenn Greenwald.

Obama's domino theory

Juan Cole, Professor of Middle Eastern and South Asian history at the University of Michigan, discusses Obama's rhetoric on Afghanistan.

"Obama's dark vision of the overthrow of the Afghanistan government by al-Qaida-linked Taliban or the "killing" of Pakistan by small tribal groups differs little from the equally apocalyptic and implausible warnings issued by John McCain and Dick Cheney about an "al-Qaida" victory in Iraq. Ominously, the president's views are contradicted by those of his own secretary of defense. Pashtun tribes in northwestern Pakistan and southern Afghanistan have a long history of dissidence, feuding and rebellion, which is now being branded Talibanism and configured as a dire menace to the Western way of life. Obama has added yet another domino theory to the history of Washington's justifications for massive military interventions in Asia. When a policymaker gets the rationale for action wrong, he is at particular risk of falling into mission creep and stubborn commitment to a doomed and unnecessary enterprise."

Update: Added link to wikipedia's entry on the domino theory.