Dissimulative Dictatorship And Oxymoronic Justice To Continue Under Obama
A document that Chief U.S. District Judge Vaughn Walker ruled on showed that the Al-Haramain Islamic Foundation had been wiretapped -- evidence needed to establish its right to the legality of the surveillance -- after a government agency inadvertently sent the papers to Al-Haramain in 2004 during an investigation that resulted in its classification as a terrorist organization.
A three-judge appeals court panel agreed with Walker that the government isn't entitled to appeal Walker's ruling, which granted Al-Haramain's lawyers access to the classified document. Obama's DoJ thinks Walker had no authority for his order after arguing that the suit could 'expose secret information that would harm national security.'
Obama's DoJ noted that the National Security Agency (NSA) -- the agency that began illegally wiretapping Americans before the attacks of 9/11 -- concluded that Al-Haramain's attorneys had no legitimate need for the document so the DoJ said the Judge lacked the power "to order the government to grant counsel access to the classified information."
Obama DoJ Embracing Bush's Dissimulative Tyrannical Powers
Consequentially, Obama's DoJ announced that they intend to try appealing again -- the third time since Obama took office -- arguing before a court that the case should not be heard at all in an attempt to keep more evidence of crimes committed by the Bush administration covered up.
Meanwhile, Obama's DoJ refuses to comply with the Judge's order, reportedly arguing that only the President can decide whether or not classified information can be used in a court proceeding and that courts have no power to make such decisions.
As noted by Glenn Greenwald From Salon News, the theories Obama's DoJ is espousing to justify their behavior is what's most notable. Obama's DoJ is spouting the Cheney/Addington view of government in the brief they filed -- a brief that is un-American and anti-constitutional like Bush's memos justifying his dictatorial powers and torture -- claiming that the Executive branch has exclusive control over classified information reeks of desperation. Obama's DoJ is arguing that what the President decides is final and his decision is unreviewable, beyond the reach of the law.
In other words, Obama is using the same theory Bush used: If the President breaks the law, he can just label the evidence "classified" and refuse to turn it over to a court and that's the end of that. He's saying the President has the unilateral, unchallengeable power to prevent any judicial challenges to his actions by declaring that the relevant evidence is a secret. This case has nothing to do with 'national security.' It has everything to do with keeping crimes committed by Bush and his administration, the NSA and a few Telecoms covered up.
That deluded line of reasoning is what led to the past eight years of Bush's tyrannical dictatorship. As noted by the San Francisco Chronicle, the government's temerity in this case never ceases to amaze. What's amazing is that this is the Obama administration now. If you recall, tyranny is also what led to the American Revolution.
Bush Memos Illegally Set The Foundation To Institute A Police State
President Bush's "war on terror" was nothing more than one majorly felonious fraud waged against the American people, the world and the U.S. Constitution. Alleging that the president -- especially one as corrupt as George W. Bush -- has the power to dispose of the liberty of captured individuals, without the right to prove their innocence, shows just how skewered and delusional the Bush administration really was. Bush's memos were nothing more than the foundation for instituting a police state while committing war crimes, crimes against humanity and Iraqi genocide.
Alleging that the President can break U.S. and International laws reveals the true intentions of the "war on terror." The "war on terror" wasn't created to fight terror. It was created to destroy freedom and democracy and to attempt to give the President unwielded -- albeit, illegal -- powers.
Bush took it upon himself to use the U.S. Military against U.S. citizens, a violation of the Posse Comitatus Act. In effect, the Bush Justice Department conveniently defined its own 'laws,' saying the U.S. Military could smash people's doors, search their homes without probable cause, imprison them indefinitely without charge or a chance to defend themselves and torture them as long as they want -- all at the behest of the president.
A September 25, 2001 memo alleged that President Bush had the 'authority' to use whatever means he deemed necessary to prevent attacks on the United States, including unlimited authority to illegally eavesdrop on whoever, whenever. It -- as well as the other illicit memos -- also helps explain why the Bush was so complicit in allowing the 9/11 terror attacks to happen. Without those attacks, President Bush wouldn't have been able to claim he had dictatorial powers. Intentionally terrorizing the American people resulted in no one questioning his 'authority.'
One memo from January 15, 2009 -- 5 days before Bush left office -- claims that a number of the 'legal' opinions from the earlier memos were no longer in effect, which shows that government attorneys were clearly complicit in the criminal activities of the Bush administration.
As noted by InfoWars, if Obama was truly committed to ending the legacy of torture and secret detentions, he would prosecute those officials responsible, including Bush. He would repeal all the egregious 'legislation' and policies used to fight the war on terror and stop the illegal secret surveillance and phone taps on American citizens.
Bush Era Abuses Are Far From Over
As noted by the Intelligence Daily, the actions of the Obama administration in recent weeks -- including the invocation of national security and state secrets to keep Bush administration abuses covered up and quell lawsuits -- make it clear that the threat revealed in the Bush memos is far from over.
The memos from the Bush administration add to the evidence that these practices by the Bush administration were not "misguided" policies. They were a deliberate assault on the Constitution and freedom. The recent revelation that an estimated 92 -- so far -- tapes were destroyed to cover up the illegal torture of detained 'terrorists' serves as more evidence of the crimes committed by the Bush administration. As with the other crimes, it's unlikely that anyone will be prosecuted for that either.
Obama's double standards about no one being above the law but wanting to look forward instead of back is nothing more than double speak. By not investigating Bush Officials, Obama is saying that they're above the law. It also leaves the door open for Obama to break U.S. and International Law and continue the illicit Bush administration policies.
Claiming an era of change while continuing more of the same is an oxymoron that may come back to haunt the Obama administration. The push to cover up the crimes committed continues because Congressional leaders -- as with the vast majority of Congress -- were direct accomplices in the crimes carried out by the Bush administration.
President Bush epitomized High Crimes and Misdemeanors and needs to be held accountable for his actions. Not doing anything about the crimes committed by Bush and his administration would make Obama just as guilty.
The justification of mass surveillance is a fallacious myth dreamt up by those performing the illegal surveillance that continues to this day.
Until those responsible for helping Bush illegally create his delusional dictatorship are held accountable, the federal government will not be able to regain the public trust. No one, not even the President, is above the law. The dissimulative dictatorship and oxymoronic justice need to stop.