No Change - Part 2

Glenn Greenwald wonders why people are saying Obama is doing something new and wonderful by moving to the center and distancing himself from his leftist supporters. It’s nothing new for Democratic politicians, and it’s nothing new for Obama.

Worst of all, Obama (in response to Stephanopoulos' asking him about the number one highest-voted question on Change.gov, first submitted by Bob Fertik) all but said that he does not want to pursue prosecutions for high-level lawbreakers in the Bush administration, twice repeating the standard Beltway mantra that "we need to look forward as opposed to looking backwards" and "my instinct is for us to focus on how do we make sure that moving forward we are doing the right thing." Obama didn't categorically rule out prosecutions -- he paid passing lip service to the pretty idea that "nobody is above the law," implied Eric Holder would have some role in making these decisions, and said "we're going to be looking at past practices" -- but he clearly intended to convey his emphatic view that he opposes "past-looking" investigations. In the U.S., high political officials aren't investigated, let alone held accountable, for lawbreaking, and that is rather clearly something Obama has no intention of changing.

In fairness, Obama has long made clear that this is the approach he intends to take to governing. After all, this is someone who, upon arriving in the Senate, sought out Joe Lieberman as his mentor, supported Lieberman over Ned Lamont in the primary, campaigned for Blue Dogs against progressive challengers, and has long paid homage to the Beltway centrism and post-partisan religion. And you can't very well place someone in a high-ranking position who explicitly advocates rendition and enhanced interrogation tactics and then simultaneously lead the way in criminally investigating those who authorized those same tactics.

  Glenn Greenwald: Salon

And Glen is even more distressed by Obama’s waffling on closing Gitmo.

Let's emphasize what Obama is actually saying about why he can't close Guantanamo right away. Here is his answer when asked if he'd close Guantanamo in the first 100 days:

It is more difficult than I think a lot of people realize and we are going to get it done but part of the challenge that you have is that you have a bunch of folks that have been detained, many of whom who may be very dangerous who have not been put on trial or have not gone through some adjudication. And some of the evidence against them may be tainted even though it's true. And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo American legal system, by doing it in a way that doesn't result in releasing people who are intent on blowing us up.

[...]

What he's saying is quite clear. There are detainees who the U.S. may not be able to convict in a court of law. Why not? Because the evidence that we believe establishes their guilt was obtained by torture, and it is therefore likely inadmissible in our courts (torture-obtained evidence is inadmissible in all courts in the civilized world; one might say it's a defining attribute of being civilized). But Obama wants to detain them anyway -- even though we can't convict them of anything in our courts of law. So before he can close Guantanamo, he wants a new, special court to be created -- presumably by an act of Congress -- where evidence obtained by torture (confessions and the like) can be used to justify someone's detention and where, presumably, other safeguards are abolished.

[...]

There's absolutely no good reason for Obama not to close Guantanamo immediately and simply try the detainees in our already-extant courts of law. That's how we've convicted all sorts of accused terrorists in the past. The only reason not to do so is a desire to disregard -- violate -- these long-standing American principles and instead create a new process that allows torture-obtained evidence to be used.

....but hey, do what you want....you will anyway.