One of the central pledges of Barack Obama's campaign was that -- as he put it early in his presidency -- the Bush administration had gone wildly wrong because it "established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable -- a framework that failed to rely on our legal traditions and time-tested institutions; that failed to use our values as a compass." Instead, he implored, we must fight Terrorism only "with an abiding confidence in the rule of law and due process, in checks and balances and accountability." Thus, he thunderously vowed, "We must never -- ever -- turn our back on its enduring principles for expedience sake."
The number of instances in which Obama has violently breached his own alleged principles when it comes to the War on Terror and the rule of law are too numerous to chronicle in one place. Suffice to say, it is no longer provocative or controversial when someone like Yale Law Professor Jack Balkin writes, as he did the other day, that Obama "has more or less systematically adopted policies consistent with the second term of the George W. Bush Administration." No rational person can argue that or even tries to any longer. It's just a banal expression of indisputable fact.
Today, the Obama DOJ unveiled the latest -- and one of the most significant -- examples of its eagerness to assault the very legal values Obama vowed to protect. The Wall Street Journal reports that "new rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades." The only previous exception to the 45-year-old Miranda requirement that someone in custody be apprised of their rights occurred in 1984, when the Rehnquist-led right-wing faction of the Supreme Court allowed delay "only in cases of an imminent safety threat," but these new rules promulgated by the Obama DOJ "give interrogators more latitude and flexibility to define what counts as an appropriate circumstance to waive Miranda rights."
For that reason, the WSJ is surely correct when it calls these new guidelines "one of the Obama administration's most significant revisions to rules governing the investigation of terror suspects in the U.S." Note that, in 7 years of prosecuting the War on Terror after 9/11, the Bush administration never tried to dilute Miranda guidelines (though doing so for them was irrelevant because they simply imprisoned even American citizens (such as Jose Padilla) without any charges or due process of any kind).
Ironically, it was the administration -- and its followers -- that defended the sanctity of Miranda back in late 2009, when the Cheney/Kristol/Limbaugh/Palin Right attacked Obama for Mirandizing the "underwear bomber" as soon as he was taken into custody. Back then, the White House and its loyalists stridently argued that Miranda does not interfere with effective interrogations and that, in any event, it is a pillar of our justice system that should not be eroded. We'll undoubtedly be hearing from the same precincts now -- from the very same people -- that diluting Miranda is necessary to Keep Us Safe; that it's fully within a President's right to change Miranda guidelines without Congress (just like he can start wars on his own); and that it's merely a tiny little change that pales in comparison to the Important Issues of the Day. For anyone who defends Obama's new decision here, shouldn't you also admit that Rush Limbaugh and Bill Kristol were right in criticizing Obama back then and demanding dilution of Miranda for Terrorism suspects?
Read the full article at Salon.com