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Does Obama's Approach To State Secrets Ape Bush's?

Is the Obama administration aping its predecessor by taking a dangerously broad view of state secrecy, enabling them to avoid revealing information about warrantless wiretaps and other controversial tactics in the war on terror?

The Washington Post raises the question today, but doesn't provide much of an answer.

The immediate issue is a lawsuit filed by an Oregon charity, suspected of funding terrorism, which alleges that the government's suspected illegal eavesdropping of board members violated the charity's rights. The Obama Justice Department, as we noted earlier this month, has argued that the lawsuit should be dismissed because it implicitly involves state secrets and therefore puts national security at risk -- an argument advanced by the Bush administration as well. And it has gone further, arguing that government lawyers can remove classified documents from the court's custody, in order to keep the charity from reviewing them.

During the campaign, Obama criticized the Bush administration for invoking the state secrets argument too often.

But the extent of the opposition among civil libertarians to the Obama Justice Department's approach isn't clear. The Post quotes a law professor at the University of California at Irvine,, who declares: "There has to be other ways to protect secret information without having to block accountability,"

And of course, the lawyer for the charity isn't happy. "This is an executive branch threat to exercise control over a judicial branch function," he tells the paper.

But the views of civil liberties groups like the ACLU aren't mentioned. The ACLU filed a lawsuit challenging the warrantless wiretap program (it was rejected by the Supreme Court last year) but its level of concern over the Obama Justice Department's approach to the Oregon charity case, or other cases, remains unclear.

We'll hope to fill in some of those blanks later today...


5 Comments

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The thought occurred to me that the administration's best chance to reverse certain Bush policies is to use them until the republiscums call for change. It pleases me to think that some neocons might be worried about their communications are being spied on.

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As Obama has shown us..even if he did have information on the Repbublicans from spying he wouldn't use it..Wall Street wouldn't let him..Wall Street and the "FED" own this country and the politicians..in both parties...(put a band-aid on it, build a little bridge, appease the masses with double-speak) and its business as usual

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Briefly (and again), Thank You TPM for your continued and presumably pain-staking due diligence endeavors and as they are also seemingly towards Transparency, 'Oversight and Accountability'.

Also the same acknowledgment appears to be well deserved to your many Contributors including within many blog comment replies.

Thank you for your time and consideration.

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While it's good to see TPMMuck on the job, you might want to do a bit of research over at
Emptywheel. Marcy's been covering all of this for months now and has a much clearer understanding of what the Obama Admin has been doing so far, and what it hasn't actually done, WaPo posturing not withstanding.

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To my recollection there is an Article on Globalresearch.ca with apparently the exact verbal exchange of Ninth Circuit Judge and the US AG Attorney whom states that the President Obama Administration position on Secrets is the exact same as the previous President Bush Administration and that it has also been Fully Vetted.

(Also mentioned in numerous and/or all other Court proceedings within this so-called New Administration of Hope and with the 'Change We Can Believe In').

Also the Article mentions implied threats against the Ninth Circuit.

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