Here's a good catch from Michael Isikoff on the new blog Declassified at Newsweek:
It looks like the Obama Administration is invoking the state secrets privilege in a lawsuit alleging illegal surveillance by the National Security Agency -- and it's using the exact wording used by the Bush Administration two years ago in the very same case.
Isikoff compares the two passages from filings in the case, now titled Shubert v. Obama:
"It is my judgment that sensitive state secrets are so central to the subject matter of the litigation that any attempt to proceed in the case will...risk exceptionally grave damage to the national security of the United States," national intelligence director Dennis Blair wrote in an affidavit submitted by Justice Department lawyers on Oct. 30. If that language sounded familiar to the court, it's because it was: "It is my judgment that sensitive state secrets are so central to the subject matter of the litigation that any attempt to proceed in the case will...risk exceptionally grave damage to the national security of the United States," wrote J. Michael McConnell, Bush's intel chief, in an affidavit filed on May 25, 2007, in the same case.
And he observes:
But despite a new policy, announced just last month, that was supposed to limit the use of the state secrets privilege, Holder (after what he called "a careful and thorough review process") chose to stick with the same position as that taken by the Bush administration.What's more, the Justice Department didn't even bother changing the language of many of its arguments.
Read the whole report here.

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magbag
November 2, 2009 6:58 PM
But Bush was evil. Everything he did was evil. Obama is doing what Bush did. Logic dictates that Obama is ____?
Fair is fair now, you have to call it.
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Juble
November 2, 2009 7:51 PM in reply to magbag
magbag,
Obama personifies more than evil,remember he campaigned on villifying what Bush had done through the NSA,now he is doing same "BS" he lambasted his predesessor for.
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tiowally
November 2, 2009 7:25 PM
Same as it ever was.
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Juble
November 2, 2009 10:31 PM in reply to tiowally
Truly sickening indeed.
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uneasyone
November 2, 2009 8:02 PM
When Obama blamed torture on "a few bad apples" also quoting Bush exactly, that tore it for me. Not sayin he is as bad as Bush, that's ridiculous - but in some key areas, he isn't significantly better - and he sure as hell is no Democrat in the FDR, Truman, Kennedy, Johnson tradition.
He follows in the tradition of Bill Clinton - best Republican president (gave us NAFTA, welfare "reform", and bank dereg) we ever had.
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tpmreader
November 2, 2009 9:24 PM
....the Bush//Obama Administration to the Obama//Bush Administration and/or worse!?
....if you continue the Bush Administration Policies and procedures, you own them...!?
....its not the action that undermines our Democracy, it is the reaction to those corrupt and illegal policies and procedures....!?
....WHERE IS THE SPEAKER OF THE HOUSE, HONORABLE NANCY PELOSI AND US CONGRESSIONAL 2008 JUDICIARY COMMITTEE JOHN CONYERS IMPEACHMENT HEARINGS 2008!? 'PRESIDENTIAL POWERS AND ITS LIMITATIONS' 'IMPEACHMENT HEARINGS'????!!!! 2009??!! 2010??!! 2011??!! 2012??!! ..................?!
WHAT ELSE AND PROPER AND FORTHRIGHT PROCEDURE IS LEFT TO UPHOLD OUR DEMOCRACY, US CONSTITUTION, BILL OF RIGHTS, DECLARATION OF INDEPENDENCE 'WITH LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS FOR ALL'.
Even though I have not read any of the legal briefs, it seemingly appears that this is to serious a matter to not be more thoroughly reviewed with proper and forthright, Oversight and Accountability, as necessary and applicably available.
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hawaiian
November 2, 2009 9:56 PM
Don't forget that Obaama is also getting help from OC to find the 911 killers.
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chitowner
November 2, 2009 10:53 PM
No surprise. While Mr. Obama eloquently spouted a good 'I love the constitution' spiel throughout his primary campaign, once he won the nomination he and his corporate Dem cohorts voted for FISA and the big telecoms' exemption. At the rate he's going, the military-industrial-banking complex will be bigger and more powerful than when the despicable Bush left office.
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uneasyone
November 3, 2009 6:56 AM in reply to chitowner
Don't forget his endorsement of the "immunity for torturers, war criminals and all officials of the previous regime" law.
Oh yeah, that's right... There is no such law! Matter of fact, it involves several violations of law, and the founding principle of the constitution itself - equality under the law.
I voted for the guy; even now, there is no way I could have voted for McLiar. I just wish there had been a Democrat on the ballot.
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Dave Adams
November 3, 2009 4:41 AM
Straight out of Animal Farm...
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musgrove
November 3, 2009 8:28 AM
Quite frankly i find all this hyped up Obama = bush stuff quite annoying.
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tiowally
November 3, 2009 9:26 AM in reply to musgrove
Are you annoyed because it's becoming more and more indisputable daily.
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Chabuka
November 3, 2009 10:43 AM
Funny..when Bush did it he was "protecting us"... no one said a word...no noise from the right....if they would have done something when Bush did this..then Obama wouldn't be able to do it now...guess they believed "turd blossom Karl" when he bragged that "Republicans would have the majority for a hundred years"...now they are feeling betrayed..BooHoo! Did you think any Executive, from either party was going to give some of the "power" back after they got it...? fools...! Why do you think Obama won't prosecute the Bush Administration for torture, for lying, for spying...because he "likes" the Republican party...? or because he just might want to invoke some of that illegally gained power for himself some day....and wants no interference...the corruption is getting worse..Administration by Administration..and will continue..because the stupid citizense are more worried about "their" political party (and what they think their party's platform is) than they are about their country....all politicians lie, to get voted in, and then all make up excuses about why they can't do what they campiagned on...what was it the Democrats said..give us a "veto, filibuster proof majority" and we will give you real Health Care...bring the troops home, end the "Bushes" Wars, fix the economy..make things all good again...give you back your government and your country...YEAH, RIGHT...don't hold you breath..you won't see me out campaigning for Obama and the Democrats, this time around....maybe I won't even vote..it just doesn't matter, whose in office, does it...?
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JohnW1141
November 3, 2009 11:23 AM
Obama is a major disappointment to me. He's causing many Democrats to lose their enthusiasm/passion and this will show up at the polls with many staying home. He may unilaterally
cause so much damage to the party that they lose one of the Houses of Congress, and his chances of serving two terms are looking dimmer by the day.
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Dredd
November 3, 2009 2:59 PM
Seriously, we will get off the trail if we attribute the growing failure of the U.S. government to any one official.
It is a function of the corrupting toxins of power which have not been dealt with effectively on the part of many, many officials.
This cumulative effect is a national illness rather than in ills of one person.
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lousgirl84
November 3, 2009 3:35 PM
More whining - blah blah blah - I will never vote for Obama again - a one term president blah blah blah.
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waywuwei
November 3, 2009 5:53 PM
There is one presupposition here that bears deep examining and that is the statement: "The President of the United States and the Executive branch run the country". We have 3 public branches of government and numerous covert branches of government who are not accountable to anyone. The least accountable are even more covert that the NSA (No Such Agency). So until we know who is running the country, our only beef can be with those who follow orders because to fail to follow orders results in termination...
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tpmreader
November 3, 2009 6:42 PM in reply to waywuwei
True Colors!!
A step in the correct direction would be to provide some hope to restore our Civil Rights within our Democracy. A hopeful endeavor for a correct step within that direction would be to restore the WPA, WHISTLEBLOWER PROTECTION RESTORATION ACT, especially to include the complete 'FEDERAL EMPLOYEE WHISTLEBLOWER RESTORATION ENHANCEMENT PROTECTION ACT'!!
Please note from my summation our entire Executive, Legislative and Judicial Branches of government have seemingly to a significant extent, hoodwinked and seemingly to a significant extent held our Government nugatory and including to refuse to allow the full and complete passage of the WPA Act to restore our US Constitutional, Bill of Rights Civil Liberty's with the full and complete, proper and forthright endeavors to accompany and compliment the human rights, decency and dignity that would be expected and for all.
From my summation, unfortunately what also has happened is that President Obama and our US Legislatures have not upheld their verbal and written promises to the Federal Employee WPA. Also, to include President Obama verbal and written promises to the National Whistleblower Center to the restoration of the Federal Employee WPA. Also to include in his second signing Statement that as reported, actually increased the HARM AND RETALIATION against Whistleblowers. Also his recent US DOJ Attorney designee at a recent hearing actually recommended a proven theory TO DELAY JUSTICE = 'JUSTICE DELAYED IS JUSTICE DENIED'.
Thank you for your time and consideration.
Sincerely,
Axel
Axel V. Sabersky
US DOJ INS Whistleblower
Dockets #00-3446 (2000), #02-3254 (2002)
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