Not the Change We Need: Part IV in a Continuing Series

(This is not about the President’s address tonight, which I liked a great deal. I do find his focus on deficit reduction to be a little puzzling given his commitment to Keynesian stimulus, but that is a topic for another time.)

Constitutional Law Professor Jonathan Turley was on the Rachel Maddow Show again on Monday, this time to discuss Karl Rove’s failure to appear to testify before Congress. In the second half of the interview, however, the issue turned to the Obama Administration’s recent decision to adopt the Bush Administration position on a lawsuit over the retention or recovery of White House emails.

The Obama Administration is carrying a lot of water for the Bush Administration. Each day they seem to be taking the position of the Bush White House…He is doing exactly what the Bush Administration tried to do and that is to extinguish this litigation.

Among the carried water, Turley cites: statements supporting the Bush administration on treatment of detainees, the endorsement and adoption of Bush administration rhetoric of the war on terror, and the refusal to investigate war crimes.

He concludes:

These weren’t good arguments before. To argue them in court makes you equally guilty of the types of excesses of your predecessor.

I, and many others, supported President Obama during the campaign precisely because he campaigned against these kinds of executive overreach. It increasingly appears that it was unrealistic to expect that any president would willingly participate in any significant rollback of executive power. This is nevertheless disappointing from a candidate that preached both change and hope. With each decision by this president to continue the failed policies of his failed predecessor, I find it increasingly hard to find the audacity to believe in either.

Glenn Greenwald also has a post discussing other instances policy and practice continuity between the Bush and Obama administrations, citing specifically the approach to press management. It also discusses the highly disturbing reports from The Guardian that Binyam Mohamed may have been tortured while in American custody within the past few weeks.

Mohamed will arrive back tomorrow in the UK, where he was a British resident between 1984 and 2002. During medical examinations last week, doctors discovered injuries and ailments resulting from apparently brutal treatment in detention.

Mohamed was found to be suffering from bruising, organ damage, stomach complaints, malnutrition, sores to feet and hands, severe damage to ligaments as well as profound emotional and psychological problems which have been exacerbated by the refusal of Guantánamo’s guards to give him counseling.

Mohamed’s British lawyer, Clive Stafford Smith, said his client had been beaten “dozens” of times inside the notorious US camp in Cuba with the most recent abuse occurring during recent weeks. He said: “He has a list of physical ailments that cover two sheets of A4 paper. What Binyam has been through should have been left behind in the middle ages.”

Lieutenant colonel Yvonne Bradley, Mohamed’s US military attorney, added: “He has been severely beaten. Sometimes I don’t like to think about it because my country is behind all this.

The possibility that this abuse may have occurred after President Obama’s inauguration is very concerning, and should be addressed by the administration as soon as possible.

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