The Guardian, Monday 11 June 2012

Executive privilege has seduced the president into a reckless ‘kill first, ask questions later’ policy that explodes the US constitution

by Michael Boyle

In his first campaign for the presidency, Barack Obama promised to reverse the worst excesses of the Bush administration’s approach to terrorism ? such as the use of torture, the rendition of terrorist suspects to CIA-run black sites around the globe, and the denial of basic legal rights to prisoners in Guant?namo ? and to develop a counterterrorism policy that was consistent with the legal and moral tradition of the United States.?In an address at the Woodrow Wilson Center in August 2007, Obama criticized the Bush administration for putting forward a “false choice between the liberties we cherish and the security we demand”, and swore to provide “our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our constitution and our freedom”.
As a candidate, Obama also promised to restore proper legislative and judicial oversight to counterterrorism operations. Rather than treat counterterrorism policy as an area of exception, operating without the normal safeguards that protect the rights of the accused, Obama promised that his approach “will again set an example for the world that the law is not subject to the whims of stubborn rulers, and that?justice is not arbitrary.”
Four years later, it is clear that President Obama has delivered a very different counterterrorism policy from that which he promised on the campaign trail. (Full disclosure: I was an adviser on the Obama campaign’s counterterrorism expert group from July 2007-November 2008.) In fairness, he?has?delivered on a few of his promises, including closing the CIA-run “black site” prisons abroad and ordering that interrogations of all suspects be conducted according to the US army field manual, which proscribes?many of the tactics widely considered torture. And some failures were not wholly his own: Obama’s inability to close Guant?namo Bay was due more to congressional opposition and to an array of legal obstacles than to his own lack of initiative. Continue reading “Obama's drone wars and the normalisation of extrajudicial murder”