Skip to main content

Sometimes you really don't want to be correct...

... especially if it's not good news.

Three months ago, I made ten predictions about the first two years of an Obama administration.

Here's the first one:

1. We will not see the repeal or roll-back of any of the Constitutional invasions of the past eight years. The Obama Administration is not going to dismantle surveillance laws or even major portions of the Patriot Act, because they will decide that these are useful tools for the war on terror and law enforcement, and perfectly justifiable in the correct hands. After all, we now have a Department of Justice we can trust, don't we? So what have you got to hide?


Here's the stance of Obama Attorney General nominee Eric Holder on keeping a key provision of the Patriot Act:

President-elect Barack Obama's nominee for attorney general has endorsed an extension of the law that allows federal agents to demand Americans' library and bookstore records as part of terrorism probes, dismaying a national group of independent booksellers.

Eric Holder said at his confirmation hearing Thursday before the Senate Judiciary Committee that he supports renewing a section of the USA Patriot Act that allows FBI agents investigating international terrorism or espionage to seek records from businesses, libraries and bookstores. If not renewed by Congress, the provision will expire at the end of 2009.

The searches must be authorized by a court that meets secretly and has approved the government's requests in nearly all cases, according to congressional reports. The target of the search does not have to be suspected of terrorism or any other crime. A permanent gag order that accompanies each search prohibits the business or library from telling anyone about it.

Holder said he realizes the provision has been controversial and he will seek more information from department staff before making a final decision, if confirmed as attorney general. He didn't elaborate on his support for the law, but said at another point in the hearing that his top priority would be to protect Americans from terrorism, using "every available tactic ... within the letter and spirit of the Constitution."


If this is added to the skepticism that many on the left are now feeling (see here and here to get started), in the wake of a secret court's ruling, are now feeling about Obama's willingness to halt warrantless wiretapping, and you begin to understand a Libertarian truism about big government:

Once it has acquired a particular power, government does not give it up voluntarily, no matter which wing of the Demopublicans is in charge.

Government is not self-limiting.

Comments

Anonymous said…
UGH, keep these posts coming.

Incumbency vs. democracy and the resonate conflictions therein will have to be controlled by some severe campaign finance reform at the least.
Anonymous said…
http://www.nytimes.com/2009/01/17/us/politics/17detain.html?_r=2

This TPM post makes the case that some justice can be expected.
Delaware Watch said…
"Once it has acquired a particular power, government does not give it up voluntarily, no matter which wing of the Demopublicans is in charge."

Does this apply to keeping Gitmo in operation?
Dana,
Gitmo is a combination of a place AND a set of asserted powers. Closing it is important and symbolic, and you will note that I am firmly in Obama's corner on this one.

But...

The proof of the pudding with respect to powers is whether the government actually gives up the "power" of extraordinary rendition; of drawing a legal distinction that takes away rights from "enemy combatants"; and the disposition of the prisoners there--as well as following through on outlawing torture.

We'll see.
Anonymous said…
Why give it back? It will just make it harder to acquire next time you think you need it.

Popular posts from this blog

The Obligatory Libertarian Tax Day Post

The most disturbing factoid that I learned on Tax Day was that the average American must now spend a full twenty-four hours filling out tax forms. That's three work days. Or, think of it this way: if you had to put in two hours per night after dinner to finish your taxes, that's two weeks (with Sundays off). I saw a talking head economics professor on some Philly TV channel pontificating about how Americans procrastinate. He was laughing. The IRS guy they interviewed actually said, "Tick, tick, tick." You have to wonder if Governor Ruth Ann Minner and her cohorts put in twenty-four hours pondering whether or not to give Kraft Foods $708,000 of our State taxes while demanding that school districts return $8-10 million each?

New Warfare: I started my posts with a discussion.....

.....on Unrestricted warfare . The US Air force Institute for National Security Studies have developed a reasonable systems approach to deter non-state violent actors who they label as NSVA's. It is an exceptionally important report if we want to deter violent extremism and other potential violent actors that could threaten this nation and its security. It is THE report our political officials should be listening to to shape policy so that we do not become excessive in using force against those who do not agree with policy and dispute it with reason and normal non-violent civil disobedience. This report, should be carefully read by everyone really concerned with protecting civil liberties while deterring violent terrorism and I recommend if you are a professional you send your recommendations via e-mail at the link above so that either 1.) additional safeguards to civil liberties are included, or 2.) additional viable strategies can be used. Finally, one can only hope that politici...

More of This, Please

Or perhaps I should say, "Less of this one, please." Or how about just, "None of them. Ever again. Please....For the Love of God." Sunshine State Poll: Grayson In Trouble The latest Sunshine State/VSS poll shows controversial Democratic incumbent Alan Grayson trailing former state Senator Dan Webster by seven points, 43 percent to 36 percent. A majority of respondents -- 51 percent -- disapprove of the job that Grayson is doing. Independents have an unfavorable view of him as well, by a 36/47 margin. Grayson has ignored the conventional wisdom that a freshman should be a quiet member who carefully tends to the home fires. The latest controversy involves his " Taliban Dan " advertisement, where he explicitly compares his opponent to the Taliban, and shows a clip of Webster paraphrasing Ephesians 5:22 -- "wives, submit to your husbands." An unedited version of the clip shows that Webster was actually suggesting that husba...