Left to chance

The ACLU has tested President Obama early, requesting dozens of secret documents covering the Bush administrations’ justification for its spying and interrogation programs. If we could gleam even a bit of insight into the real excuses for the warrantless wiretapping and NSA eavesdropping, it could set a precedent for future government transparency.

For years, the Bush administration refused to release them, citing national security, attorney-client privilege and the need to protect the government’s deliberative process. The ACLU’s request, however, comes after President Barack Obama last week rescinded a 2001 Justice Department memo that gave agencies broad legal cover to reject public disclosure requests.

Obama also urged agencies to be more transparent when deciding what documents to release under the Freedom of Information Act. … “The president has made a very visible and clear commitment to transparency,” said Jameel Jaffer, the director of the ACLU’s National Security Project. “We’re eager to see that put into practice.” The collection of memos, written by the Justice Department’s Office of Legal Counsel, are viewed as the missing puzzle pieces that could help explain the Bush administration’s antiterrorism policies. Critics of the prior administration also see the release of the documents as necessary to determine whether former administration officials should be held accountable for legal opinions that justified various antiterrorism measures, including the use of waterboarding, an interrogation technique that simulates drowning.

Today we hear that the Justice Department wants to make it easier for the FBI to investigate U.S. citizens and legal residents by not requiring little things like evidence, or even allegations that a law probably has been broken!

The Justice Department is considering letting the FBI investigate Americans without any evidence of wrongdoing, relying instead on a terrorist profile that could single out Muslims, Arabs or other racial and ethnic groups.

Law enforcement officials say the proposed policy would help them do exactly what Congress demanded after the Sept. 11, 2001, attacks: root out terrorists before they strike.

Although President Bush has disavowed targeting suspects based on their race or ethnicity, the new rules would allow the FBI to consider those factors among a number of traits that could trigger a national security investigation.

Now come on, if even Bush is against something like this, it has to be an obvious violation of civil rights to everyone.  The plan is to get this change put in place before the new administration takes over in January, so this requires the canidates to stand up against this now.  I want to see what position each takes, and I want them to discuss it in an open debate, so American’s can better understand how their rights are at stake.

While John McCain is still hawking that ‘maverick’ tag, don’t believe the hype, instead, let’s look at some recent statements he made that perked my interest, coming out in favor of the Bush administrations’ stance on FISA, warrantless wiretapping/eavesdropping and executive power. Funny thing is, he had the exact opposite opinion on these topics when he was asked in December 2007!

On Wednesday, I documented John McCain’s complete reversal of views — in the last six months alone — on FISA, warrantless eavesdropping and executive power. McCain’s diametrically opposite views were contained in a questionnaire McCain completed for The Boston Globe last December (wherein he rejected many of the Bush/Cheney theories of presidential omnipotence and warrantless eavesdropping) and then a statement McCain issued this week to National Review (wherein he embraced those same theories in order to persuade the Right that he approves of and would continue Bush’s lawless surveillance policies).

Another source states more of what transcribed at the National Review:

A top adviser to Senator John McCain says Mr. McCain believes that President Bush’s program of wiretapping without warrants was lawful, a position that appears to bring him into closer alignment with the sweeping theories of executive authority pushed by the Bush administration legal team.

In a letter posted online by National Review this week, the adviser, Douglas Holtz-Eakin, said Mr. McCain believed that the Constitution gave Mr. Bush the power to authorize the National Security Agency to monitor Americans’ international phone calls and e-mail without warrants, despite a 1978 federal statute that required court oversight of surveillance…