And in the unlikely event you missed it

[solarbird]

In case you missed it, Chief Executive Obama has completed the adoption of Mr. Bush's policies on arbitrary arrest and indefinite detention, deciding not to seek law supporting it. Like Mr. Bush, Mr. Obama claims the power to arrest anyone, anywhere, without cause or warrant, and with no right to appeal or judicial process, if, in the sole purview of the Executive branch, it and/or he decide it's appropriate for national security.^* Like Mr. Bush, Mr. Obama claims this authority under the post-September 11 authorisation of force. Unlike Mr. Bush, Mr. Obama is not yet claiming these powers are inherent in statements, tho' iirc his legal team has danced towards that in court.

Mind you, Congress is so quick and so willing to create and hand over arbitrary and unconstitutional powers to the executive that Glenn Greenwald thinks this is better than letting them go at it. I'd like to think there's room to disagree, but I doubt there is.

see also, see also, see also, see also, see also.

^*: According to some reports, this power is to be used sparingly, and mostly towards only those already held, but this is purely a matter of policy and not of claim of law. C.f. previous commentaries on political power theory.

Comments

[firni.livejournal.com]

Wait, I thought our current president actually, you know, WENT TO LAW SCHOOL.

[solarbird]

The "inexorable logic of empire" overruns all sanity.

[loopback.livejournal.com]

there is a part of me that is rooting for Apophis at this point.

[firni.livejournal.com]

Don't get me started.

[loopback.livejournal.com]

YOu've been rooting for apocalypse for as long as i've known you. you don't count.

[oh6.livejournal.com]

"No one is safe when the government cannot arbitrarily imprison anyone without cause!"

It is quite striking how perfectly Orwellian the last several years have been in terms of public discourse.

[solarbird]

I know. The new normal is astoundingly fucked up.

[king-chiron.livejournal.com]

Not just went to law school, but used to teach Constitutional Law in Law School!

[westrider.livejournal.com]

Not knowing it's wrong and not caring are two entirely different things

[phillipalden.livejournal.com]

Maybe, as a black American, he wants to enjoy the same power that police in black neighborhoods do.

But seriously, this is an insult, and another broken promise (of the many) made by candidate Obama. While I'm pleased that he's killed a lot of Bush-era policies, he's failing us on the truly big stuff.