So Discouraging

Obama’s Justice Department - or as Paul Craig Roberts writes it, Justice (sic) Department -has said it will “keep the same position as the Bush Administration in the lawsuit Mohamed et al v Jeppesen Dataplan,” a lawsuit alleging extraordinary rendition and torture.

A source inside of the Ninth U.S. District Court tells ABC News that a representative of the Justice Department stood up to say that its position hasn't changed, that new administration stands behind arguments that previous administration made, with no ambiguity at all. The DOJ lawyer said the entire subject matter remains a state secret.

  ABC News

What makes this particularly appalling and inexcusable is that Senate Democrats had long vehemently opposed the use of the "state secrets" privilege in exactly the way that the Bush administration used it in this case, even sponsoring legislation to limits its use and scope. Yet here is Obama, the very first chance he gets, invoking exactly this doctrine in its most expansive and abusive form to prevent torture victims even from having their day in court, on the ground that national security will be jeopardized if courts examine the Bush administration's rendition and torture programs -- even though (a) the rendition and torture programs have been written about extensively in the public record; (b) numerous other countries have investigated exactly these allegations; and (c) other countries have provided judicial forums in which these same victims could obtain relief.

  Glenn Greenwald

As ACLU attorney Ben Wizner said: “Really the only place in the world where Khalid El-Masri's case could not be discussed was in a federal courtroom.”

WIZNER: In fact, just a couple of months ago, the Swedish government agreed to pay Ahmed Agiza $450,000 for its secondary role in the CIA's rendition of Agiza to Egypt. So there's no real secret involved here. Nothing would be revealed by allowing Agiza to go forward in a case against the CIA, because Jeppesen's role is public, because Sweden's role is public, and because Egypt's role is public--he's in an Egyptian prison right now.

Despite that, the new President -- who repeatedly condemned the extreme secrecy of the Bush administration and vowed greater transparency -- has now acted to protect, purely on secrecy grounds, the government and company that did this.

[...]

That's what Barack Obama is now shielding from judicial scrutiny. Those are the torture victims he is preventing from obtaining judicial relief in our courts. And he's using one of the most radical and destructive tools in the Bush arsenal -- its wildly expanded version of the "state secrets" privilege -- to accomplish all of that dirty work. I've been as vigorous a proponent as anyone for waiting to see what Obama does before reaching conclusions about his presidency, but this is a very real and substantial act, and it's hard to disagree with what ACLU Executive Director Anthony Romero said today:

Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same.

That the Obama DOJ -- when faced with its first real test to determine what it intends to do in these areas (as opposed to engaging in symbolic rituals and issuing pretty words) -- explicitly adopts exactly the Bush position is about as inauspicious a start in these areas as one can imagine.

  Glenn Greenwald

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