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What amazes me most whenever I write about this topic is recalling how terribly upset so many Democrats pretended to be when Bush claimed the power merely to detain or even just eavesdrop on American citizens without due process.  Remember all that?  Yet now, here's Obama claiming the power not to detain or eavesdrop on citizens without due process, but to kill them; marvel at how the hardest-core White House loyalists now celebrate this and uncritically accept the same justifying rationale used by Bush/Cheney (this is war! the President says he was a Terrorist!) without even a moment of acknowledgment of the profound inconsistency or the deeply troubling implications of having a President - even Barack Obama - vested with the power to target U.S. citizens for murder with no due process. Also, during the Bush years, civil libertarians who tried to convince conservatives to oppose that administration's radical excesses would often ask things like this: would you be comfortable having Hillary Clinton wield the power to spy on your calls or imprison you with no judicial reivew or oversight?  So for you good progressives out there justifying this, I would ask this:  how would the power to assassinate U.S. citizens without due process look to you in the hands of, say, Rick Perry or Michele Bachmann?

Both Supreme Court justices Antonin Scalia and Clarence Thomas describe themselves as "originalists," meaning that they believe they possess the innate knowledge of exactly what the Founding Fathers intended when they penned the U.S. Constitution. Given such an almost reverent standard it is fair to ask a few questions regarding the Judiciary branch of government which, in my opinion, no longer represents the people of our country. It has become so deeply immersed in right-wing ideology that there is little resemblance to the this branch of government today and when the Founding Fathers established it. Did the Founding Fathers intend that Supreme Court judges sitting on the highest court of the land can decide who the president should be, especially if one of those judges was appointed by the father of one of the complainants? Surely, most of us would agree, that judge should be disqualified from involvement in such an extraordinary decision. Did the Founding Fathers intend that a judge sitting on the highest court of the land to be cozy with incendiary, hate-mongering partisan extremists who make seditious statements for the sole purpose of undermining and subverting democracy? Surely, you would ask, should a judge deciding cases on the Supreme court be colluding and conniving with a Screech Radio insurrectionist who spouts non-stop hatred and incites violence against our president and elected officials? Did the Founding Fathers also intend for the spouse of a sitting Supreme Court justice to be actively fomenting hatred, insurrection and subversion, the sole aim of which is to overthrow, even by armed insurrection, a democratically-elected president and political party? Surely, the Founding Fathers did not intend for that to be an admirable or patriotic role of the spouse of a Supreme Court justice? The solid phalanx of activist, partisan ideologues, Roberts,

Momentous Supreme Court cases tend to move quickly into the slipstream of the Court's history. In the first ten years after Brown v. Board of Education, the 1954 decision that ended the doctrine of separate but equal in public education, the Justices cited the case more than twenty-five times. In the ten years after Roe v. Wade, the abortion-rights decision of 1973, there were more than sixty-five references to that landmark. This month marks ten years since the Court, by a vote of five-to-four, terminated the election of 2000 and delivered the Presidency to George W. Bush. Over that decade, the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero.

Few issues highlight Barack Obama's extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush's most extreme policies was abducting people from all over the world -- far away from any battlefield -- and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called a "Bush's legal black hole." In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision unconstitutional, holding that the Constitution grants habeas corpus rights even to foreign nationals held at Guantanamo. Since then, detainees have won 35 out of 48 habeas hearings brought pursuant to Boumediene, on the ground that there was insufficient evidence to justify their detention. Immediately following Boumediene, the Bush administration argued that the decision was inapplicable to detainees at Bagram -- including even those detained outside of Afghanistan but then flown to Afghanistan to be imprisoned. Amazingly, the Bush DOJ -- in a lawsuit brought by Bagram detainees seeking habeas review of their detention -- contended that if they abduct someone and ship them to Guantanamo, then that person (under Boumediene) has the right to a habeas hearing, but if they instead ship them to Bagram, then the detainee has no rights of any kind. In other words, the detainee's Constitutional rights depends on where the Government decides to drop them off to be encaged. One of the first acts undertaken by the Obama DOJ that actually shocked civil libertarians was when, last February, as The New York Times put it, Obama lawyers "told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush's legal team." . . .

WASHINGTON, Jul 12, 2011 (IPS) - Senior officials under the former George W. Bush administration knowingly authorised the torture of terrorism suspects held under United States custody, a Human Right Watch (HRW) report released here Tuesday revealed.

"GEORGE W. BUSH CONVICTED OF WAR CRIMES, CAN'T LEAVE U.S. FEARING ARREST"

The Obama/Bush weapon for shielding presidential lawbreaking from judicial review becomes stronger

WASHINGTON - The Army general who led the investigation into prisoner abuse at Iraq's Abu Ghraib prison accused the Bush administration Wednesday of committing "war crimes" and called for those responsible to be held to account.

In December, President Obama signed legislation to extend hundreds of billions of dollars in Bush tax cuts, benefiting the wealthiest Americans. Last week, Obama agreed to billions of dollars in cuts that will impose the greatest burden on the poorest Americans. And now, virtually everyone in Washington believes, the President is about to embark on a path that will ultimately lead to some type of reductions in Social Security, Medicare and/or Medicaid benefits under the banner of "reform." Tax cuts for the rich -- budget cuts for the poor -- "reform" of the Democratic Party's signature safety net programs -- a continuation of Bush/Cheney Terrorism policies and a new Middle East war launched without Congressional approval. That's quite a legacy combination for a Democratic President. All of that has led to a spate of negotiation advice from the liberal punditocracy advising the President how he can better defend progressive policy aims -- as though the Obama White House deeply wishes for different results but just can't figure out how to achieve them. Jon Chait, Josh Marshall, and Matt Yglesias all insist that the President is "losing" on these battles because of bad negotiating strategy, and will continue to lose unless it improves. Ezra Klein says "it makes absolutely no sense" that Democrats didn't just raise the debt ceiling in December, when they had the majority and could have done it with no budget cuts. Once it became clear that the White House was not following their recommended action of demanding a "clean" vote on raising the debt ceiling -- thus ensuring there will be another, probably larger round of budget cuts -- Yglesias lamented that the White House had "flunked bargaining 101." Their assumption is that Obama loathes these outcomes but is the victim of his own weak negotiating strategy. I don't understand that assumption at all. Does anyone believe that Obama and his army of veteran Washington advisers are incapable of discovering these tactics on th

The death of Osama bin Laden has sparked a debate over whether torture of suspects held at places such as the U.S. military base at Guantánamo Bay helped track down and kill the al-Qaeda leader. Some claim the mission vindicated controversial Bush policies on harsh interrogation techniques. We speak with Matthew Alexander, a former senior military interrogator in Iraq. "The laying of the groundwork, if you will, of these [Bush-era] techniques, I believe wholeheartedly, slowed us down on the road towards Osama bin Laden and numerous other members of al-Qaeda," Alexander says. "I'm convinced we would have found him a lot earlier had we not resorted to torture and abuse." [includes rush transcript]

In a huge victory for privacy and the rule of law, a federal appeals court today reinstated our landmark lawsuit challenging the FISA Amendments Act (FAA), a statute that gives the executive branch virtually unchecked power to collect Americans' international e-mails and telephone calls.

"AMY GOODMAN: Bill Hartung, before you go, I wanted to ask you about the largest weapons deal in history, and that was just worked out between the United States and Saudi Arabia. Explain the significance of this. WILLIAM HARTUNG: Well, first of all, at $60 billion, it's, you know, a huge gift to the weapons industry. They're going to sell, you know, over 70 Boeing F-15s. They're going to sell Apache helicopters. They're going to refurbish the Saudi air force. There's not a deal that's ever come close to this. And this is at a time when the Saudis are helping put down democracy in Bahrain, when they've been involved around their borders in places like Yemen, when of course they're one of the most undemocratic regimes in the world. So, if you talk about Arab democracy, Arab Spring, this is the worst possible symbol the United States could be sending to the region, in terms of, you know, where they stand on the issue of democracy".

In reality, the Obama administration has continued, and in some cases expanded Bush administration national security policies that are inconsistent with basic human rights and liberties guaranteed under the Constitution.

It is unsurprising that the 9/11 attack fostered a massive expansion of America's already sprawling Surveillance State. But what is surprising, or at least far less understandable, is that this growth shows no signs of abating even as we approach almost a full decade of emotional and temporal distance from that event. The spate of knee-jerk legislative expansions in the immediate aftermath of the 9/11 trauma - the USA-PATRIOT Act - has actually been exceeded by the expansions of the last several years - first secretly and lawlessly by the Bush administration, and then legislatively and out in the open once Democrats took over control of the Congress in 2006. Simply put, there is no surveillance power too intrusive or unaccountable for our political class provided the word "terrorism" is invoked to "justify" those powers.

WASHINGTON -- These days, when we think of George W. Bush, we think mostly of what a horrible mess he made of the economy. But his even more tragic legacy is the loss of our moral authority, and the transformation of the United States of America from global champion of human rights into an outlaw nation.

On CNN last night, I debated anchor Jessica Yellin and Bush official Fran Townsend and their views were identical

In March, 2002, American citizen Jose Padilla was arrested in Chicago and publicly accused by then-Attorney-General John Ashcroft of being "The Dirty Bomber."  Shortly thereafter, he was transferred to a military brig in South Carolina, where he was held for almost two years completely incommunicado (charged with no crime and denied all access to the outside world, including even a lawyer) and was brutally tortured, both physically and psychologically.  All of this -- including the torture -- was carried out pursuant to orders from President Bush, Secretary Rumsfeld and other high-ranking officials.  Just as the Supreme Court was about to hear Padilla's plea to be charged or released -- and thus finally decide if the President has the power to imprison American citizens on U.S. soil with no charges of any kind -- the Government indicted him in a federal court on charges far less serious than Ashcroft had touted years earlier, causing the Supreme Court to dismiss Padilla's arguments as "moot"; Padilla was then convicted and sentenced to 17 years in prison.

An Arab country with neither secret police nor censorship is unprecedented in recent decades. Tunisia is inspiring similar demands in Egypt and Jordan. When skeptics wonder if the Revolutions of 2011 would really change anything essential in the region, they would be wise to keep an eye on these two developments in Tunisia, which, if consolidated, would represent an epochal transformation of culture and politics. Arguably, Tunisians are now freer than Americans. The US government thinks our private emails are actually public. The FBI and NSA routinely read our email and they and other branches of the US government issue security letters in the place of warrants allowing them to tap phones and monitor whom we call, and even to call up our library records and conduct searches of our homes without telling us about it. Millions of telephone records were turned over to George W. Bush by our weaselly telecom companies. Courts allow government agents to sneak onto our property and put GPS tracking devices under our automobiles without so much as a warrant or even probable cause. Mr. Obama thinks this way of proceeding is a dandy idea.

Several days ago I noted that Harry Reid and Mitch McConnell had agreed to a four-year extension of the most controversial provisions of the Patriot Act -- a bill Democrats everywhere once claimed to revile -- without a single reform (despite the long and documented history of its abuse and despite Obama's previously claimed desire to reform it).  Tonight, a cloture vote was taken in the Senate on the four-year extension and it passed by a vote of 74-8.  The law that was once the symbolic shorthand for evil Bush/Cheney post-9/11 radicalism just received a vote in favor of its four-year, reform-free extension by a vote of 74-8: only resolutions to support Israel command more lopsided majorities