Why Does Obama Hate Democracy?

Obama wants Congress to change FOIA by retroactively narrowing its disclosure requirements, prevent a legal ruling by the courts, and vest himself with brand new secrecy powers under the law which, just as a factual matter, not even George Bush sought for himself.

The White House is actively supporting a new bill jointly sponsored by Sens. Lindsey Graham and Joe Lieberman -- called The Detainee Photographic Records Protection Act of 2009 -- that literally has no purpose other than to allow the government to suppress any "photograph taken between September 11, 2001 and January 22, 2009 relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States." As long as the Defense Secretary certifies -- with no review possible -- that disclosure would "endanger" American citizens or our troops, then the photographs can be suppressed even if FOIA requires disclosure.[...] The Senate passed the bill as an amendment last week.

[...]

[The] President who is demanding these new suppression powers is the same one who repeatedly vowed "to make his administration the most open and transparent in history."

[...]

Imagine if a foreign government were accused of systematically torturing and otherwise brutally abusing detainees in its custody for years, and there was ample photographic evidence proving the extent and brutality of the abuse. Further imagine that the country's judiciary -- applying decades-old transparency laws -- ruled that the government was legally required to make that evidence public. But in response, that country's President demanded that those transparency laws be retroactively changed for no reason other than to explicitly empower him to keep the photographic evidence suppressed, and a compliant Congress then immediately passed a new law empowering the President to suppress that evidence.

  Glenn Greenwald

No problem. If another country did it, it would be bad. It can’t be wrong, however, by definition, if we do it.

For decades, we had laws in place authorizing citizens to sue their telecommunication carriers if the telecoms allowed government spying on their communications in violation of the law, but when it was revealed that the telecoms did exactly this, the Congress simply changed the law retroactively so that it no longer applied. For decades, we had laws imposing civil and criminal liability on government officials who engaged in or authorized torture, but when it was revealed that our government did that, the Congress just retroactively changed the law to protect the torturers. And now that courts have ruled that our decades-old transparency law compels disclosure of this torture evidence, the Congress is just going to retroactively change the law -- again -- this time to empower the President to suppress that evidence anyway.

[...]

[W]hat's the point of having laws that purport to restrict what the Government can do if political officials just retroactively waive those laws whenever they want? What's the point of having a FOIA law if the Government will simply pass a new law exempting itself from FOIA's mandates any time it loses in court and wants to conceal evidence anyway?

What’s the point of having a Congress if it can’t retrofit laws?

Is there really anyone who wants to argue that defiance of a federal court's order and enacting a new law authorizing suppression of torture evidence -- the disclosure of which is compelled both by courts and FOIA -- are remotely consistent with anything Obama said he would do, or remotely consistent with what a healthy democratic government would do?

I think that’s what Eric Holder’s for.

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