Show us the Body.

“Even for the hardest-core Obama loyalists, it’s rather difficult to attribute these increasingly harsh condemnations of Obama’s civil liberties, secrecy and executive power abuses to bad motives or ignorance when they’re coming from the likes of Russ Feingold, Talking Points Memo, the Center for American Progress, Nancy Pelosi, EFF, the ACLU, The New York Times Editorial Board, Keith Olbermann, Jonathan Turley, The American Prospect, Bruce Fein, Digby, along with some of the most enthusiastic Obama supporters and a bevvy of liberal law professors and international law experts — those who were most venerated by progressives during the Bush era on questions of the Constitution and executive power.“

Salon‘s Glenn Greenwald surveys the growing progressive consensus that something is rotten at Holder’s DOJ with regard to state secrets and the continuation of Bush-era policies antithetical to, if not downright contemptuous of, civil liberties. (In case you missed it here or here, I’m not happy either.) “That the Obama DOJ has repeatedly embraced the very legal theories responsible for much of the intense progressive rage towards the Bush/Cheney regime is now beyond dispute. The question of motive — of why Obama is doing this — is far less clear.“

Now, obviously, the president has a lot on his plate these days, and a finite amount of political capital with which to achieve an enormous number of objectives. Still, it’s well past time that the administration explain what’s going on on the civil liberties front from start to finish, akin to Obama’s economic overview speech at Georgetown this morning. These are not piddling matters.

(State) Secrets and Lies.

“‘Any way you look at it, it’s pretty remarkable,’ said Jon B. Eisenberg, an attorney for al-Haramain. ‘This is an executive branch threat to exercise control over a judicial branch function.’” Rather than Chuck Todd and Ed Henry falling over each other with ill-thought-out, gotcha garbage that conforms to GOP talking points, here’s a question I’d like to have heard the president answer last night: What the hell is going on at the Obama Justice Department, vis a vis the state-secrets privilege? “Civil liberties advocates are accusing the Obama administration of forsaking campaign rhetoric and adopting the same expansive arguments that his predecessor used to cloak some of the most sensitive intelligence-gathering programs of the Bush White House.” That is not at all what we voted for, and it’s nigh time we got a good explanation of why Holder et al are continuing to play by the Dubya playbook.

Tortured Reasoning…Again.

“Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same.” Meet the new boss, same as the old boss? The Obama administration and Holder Justice Dept. uphold Dubya’s dubious use of a “state secrets” privilege to put the kibosh on a lawsuit put forward by five men “extraordinarily rendered” by the CIA.

See also a livid Glenn Greenwald for the details: “The entire claim of ‘state secrets’ in this case is based on two sworn Declarations from CIA Director Michael Hayden — one public and one filed secretly with the court. In them, Hayden argues that courts cannot adjudicate this case because to do so would be to disclose and thus degrade key CIA programs of rendition and interrogation — the very policies which Obama, in his first week in office, ordered shall no longer exist. How, then, could continuation of this case possibly jeopardize national security when the rendition and interrogation practices which gave rise to these lawsuits are the very ones that the U.S. Government, under the new administration, claims to have banned?“

Update: Sensing the likely blowback, one presumes, the Justice Dept. announces it’ll be reviewing Dubya’s “state secrets” claims in due course. “It’s vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know.” So apparently, the ugly details of our now-defunct(?) extraordinary rendition policy aren’t among the actions we should have any clue about. Ugh…this one definitely goes in the Carcetti file.

Opening Windows, Closing the Revolving Door.

“‘We are here as public servants, and public service is a privilege,’ Obama said, addressing his White House staff and Cabinet on his first full day in office. ‘It’s not about advancing yourself or your corporate clients.'” Also part of President Obama’s very solid first day: An executive order kicking out the lobbyists and imposing a gift ban on White House employees. “‘We need to close the revolving door that lets lobbyists come into government freely and lets them use their time in public service” to promote their own interests when they leave, the president said.” [Official Order.]

And, in another welcome executive order, the new President also overturned Dubya’s secrecy rules with regards to presidential records, thus making life much easier for historians in the future. “[E]very agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known.” (This also means Pres. Obama only has nine more left to overturn on Dubya’s worst ten.)

Situational Ethics II: Yoo So Crazy.

“We hope the new vice president will not reverse his commitment to the Senate’s constitutional authority.” Uh, the new one? What about the old one? First it was Karl Rove discovering the virtues of executive transparency. Now the walrus and the carpenter of Dubya apparachiks, Johns “Bomb Iran” Bolton and “Torture at will” Yoo respectively, actually have the temerity to sing the praises of congressional oversight in foreign policy. “If Mr. Obama were to submit either of these agreements for approval by a simple majority of the House and Senate, his actions would pose a serious challenge to American principles of law and democratic governance.” Oh, a “serious challenge” to law and democracy, eh? These assholes have no shame.

232.

A very happy 232nd birthday to our American republic. In the year 2008, frankly, our record is mixed. On one hand, we’ve continued to stand by while our witless joke of a president has assumed many of the dubious royal prerogatives that originally propelled our forefathers toward Independence. On the other, we stand poised to make history this November in a way that would make the founding generation gasp in awe at how far we’ve come.

So, let’s enjoy the 4th, and take a moment not only to remember how precarious the American experiment once was, but also to ponder what we hope to make of it in our own time. For, regardless of how terrible the past eight years — or forty years, for that matter — have been, “we have it in our power to begin the world over again.“

Update: The Muppets are celebrating too. (Via Bitten Tongue/Gideonse Bible.)

RAND report? What RAND report?

“One serious problem the study described was the Bush administration’s assumption that the reconstruction requirements would be minimal. There was also little incentive to challenge that assumption, the report said…Another problem described was a general lack of coordination. ‘There was never an attempt to develop a single national plan that integrated humanitarian assistance, reconstruction, governance, infrastructure development and postwar security,’ the study said…The poor planning had ‘the inadvertent effort of strengthening the insurgency,’ as Iraqis experienced a lack of security and essential services and focused on ‘negative effects of the U.S. security presence.’“

The NYT reports that the Dubya Pentagon has systematically worked to bury an unclassified 2005 study critical of the Iraq war’s conduct by the RAND corporation (the former employer of my ex-wife during my DC days, RAND also receives a memorable shout-out in Dr. Strangelove.) “The report was submitted at a time when the Bush administration was trying to rebut building criticism of the war in Iraq by stressing the progress Mr. Bush said was being made. The approach culminated in his announcement in November 2005 of his “National Strategy for Victory in Iraq.” Update: Slate‘s Tim Noah wonders: “Isn’t this the story line of the Pentagon Papers?“

The Commission, Stonewalled.

“There could have been absolutely no doubt in the mind of anyone at the C.I.A. — or the White House — of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” From a few days ago, 9/11 Commission Chairs Thomas Kean and Lee Hamilton angrily accuse the CIA and Dubya White House of stonewalling their investigation. “As a legal matter, it is not up to us to examine the C.I.A.’s failure to disclose the existence of these tapes. That is for others. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the greatest tragedies to confront this country. We call that obstruction.”

(Smoking Out) Eraserhead.

“Following a preliminary inquiry into the destruction by CIA personnel of videotapes of detainee interrogations, the Department’s National Security Division has recommended, and I have concluded, that there is a basis for initiating a criminal investigation of this matter.” Gee, you think? Attorney General Michael Mukasey announces a federal criminal probe into the matter of the destroyed CIA torture tapes. It will be headed by John H. Durham, currently “the second-in-command at the U.S. attorney’s office in Connecticut.“

Tortured Reasoning.

“The grim truth is, not much has changed. The Bush administration continues to limit our basic freedoms, conceal its own worst behavior, and insist that it does all this in order to make us more free.” As a follow-up to her 2006 list of civil liberties violations, Slate‘s Dahlia Lithwick surveys The Bush Administration’s Top 10 Stupidest Legal Arguments of 2007.