ACLU– Group Releases 18-Month Review Of President’s National Security Policies And Civil Liberties
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NEW YORK – The Obama administration has repudiated some of the Bush
administration’s most egregious national security policies but is in
danger of institutionalizing others permanently into law, thereby
creating a troubling “new normal,” according to a new report released
today by the American Civil Liberties Union.
“Establishing a New Normal: National Security, Civil Liberties, and
Human Rights Under the Obama Administration,” an 18-month review of the
Obama administration’s record on national security issues affecting
civil liberties, concludes that the current administration’s record on
issues of national security and civil liberties is decidedly mixed:
President Obama has made great strides in some areas, such as his
auspicious first steps to categorically prohibit torture, outlaw the
CIA’s use of secret overseas detention sites and release the Bush
administration’s torture memos, but he has failed to eliminate some of
the worst policies put in place by President Bush, such as military
commissions and indefinite detention. He has also expanded the Bush
administration’s “targeted killing” program.
The 22-page report, which was researched and written by staff in the
ACLU’s National Security Project and Washington Legislative Office,
reviews the administration’s record in the areas of transparency,
torture and accountability, detention, targeted killing, military
commissions, speech and surveillance and watchlists.
“President Obama began his presidency with a bang, signing executive
orders that placed the power of the presidency behind the restoration of
the rule of law and gave meaning to the president’s stated view that
America must lead with its values,” said Anthony D. Romero, Executive
Director of the ACLU. “Unfortunately, since that time, the
administration has displayed a decidedly mixed record resulting, on a
range of issues, in the very real danger that the Obama administration
will institutionalize some of the most troublesome policies of the
previous administration – in essence, creating a troubling ‘new normal.’
We strongly urge the president to shift course and renew his commitment
to the fundamental values that are the very foundation of our nation’s
strength and security.”
According to the ACLU’s report, the first 18 months of Obama’s
presidency have been marked by a pattern wherein significant
achievements for civil liberties have often been followed by setbacks.
For instance, the positive step of releasing Justice Department
memoranda that purported to authorize the Bush administration’s torture
regime was followed by the troubling decision to fight the release of
photos depicting the abuse of prisoners in CIA custody. The
administration’s commitment to dismantle Guantánamo has been undermined
by its assertion of the authority to detain people indefinitely without
charge or trial. And prohibitions against torture have been weakened by
the failure to hold top Bush administration officials accountable for
their role in the torture program.
“The Obama administration should work with Congress to restore the rule
of law, and discourage any legislation that would institutionalize
policies that were widely regarded as unlawful under President Bush.
Together, Congress and the White House should make sure that abuses of
power like the Patriot Act are dismantled, not extended, and that
policies like indefinite detention are never signed into law,” said
Laura W. Murphy, Director of the ACLU Washington Legislative Office. “It
is not too late for President Obama to build a legacy of justice and
fairness.”
The report concludes that, in addition to the initial executive orders,
the administration has taken other positive steps and made genuine
progress in some areas such as improvements to the government’s handling
of Freedom of Information Act requests, the release of key documents
related to the U.S. torture program and an executive order disavowing
torture. It also addresses more troubling practices such as the use of
the “state secrets” doctrine to block lawsuits brought by torture
survivors, the revival of the discredited military commissions to
prosecute some Guantánamo detainees, the assertion of broad surveillance
powers and the authorization of a “targeted killing” program to kill
terrorism suspects, including American citizens, wherever they are
located, without due process.
“In its first days, the Obama administration took some important steps
to restore civil liberties and the rule of law,” said Jameel Jaffer,
Deputy Legal Director of the ACLU. “It has not, however, abandoned the
‘global war’ framework that was the basis for many of the last
administration’s counterterrorism programs. Indeed, some of the Obama
administration’s policies – like the policies on indefinite detention,
military commissions and targeted killings – are entrenching this
framework, presenting a profound threat to human rights and the rule of
law. We urge the Obama administration to recommit itself to the ideals
it articulated in its very first days. President Obama should not make
‘global war’ the new normal.”
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