How Should the Next President Deal with the Bush White House's Crimes?

By Amy Goodman, Democracy Now!. Posted July 26, 2008.

Amy Goodman:The dominant role of corporations is one of a number of issues fueling skepticism around the 2008 campaign. Criticism has also mounted recently over presumptive Democratic nominee Barack Obama's perceived shift to the right.

In an apparent reversal, Obama backed a new bill authorizing the Bush administration's domestic spy program and granting immunity for the telecom companies that took part. He also supported a Supreme Court decision to overturn a D.C. handgun ban. On foreign policy, Obama said he'd be open to revise his pledge to withdraw US troops from Iraq and also called for a major increase to the size of the US occupation of Afghanistan. And like all top Democratic leaders, Obama has refused to support calls for the prosecution of President Bush and top White House officials for war crimes and other abuses of power.

The criticism of Obama's stances has come as part of a larger debate over whether efforts to hold the Bush administration accountable would jeopardize an ostensibly higher goal of ensuring a Democratic win this November.

I'm joined right now, in addition to Glenn Greenwald, who blogs at Salon.com, the legal scholar by Cass Sunstein, who's an informal adviser to Barack Obama, professor at Harvard University and the University of Chicago Law School. He is co-author of the book Nudge: Improving Decisions About Health, Wealth, and Happiness and is cited as one of the most-cited legal scholars in the country.

Cass Sunstein, your response to those who talk about -- particularly concerned about Barack Obama, for example, shifting on the FISA bill, saying he would filibuster and now actually voting for the bill that granting retroactive immunity to the telecoms.

Sunstein: Yes, I think it's -- this is widely misunderstood. What the bill isn't is basically a bill that -- whose fundamental purpose is to give immunity. It's a bill that creates a range of new safeguards to protect privacy, to ensure judicial supervision, to give a role for the inspector general. So it actually gives privacy and civil liberties a big boost over the previous arrangement.

It also does contain an immunity provision, which Senator Obama opposed. He voted for the substitute bill that didn't have that. But he thought that this was a compromise which had safeguards for going forward, which made it worth supporting on balance, compared to the alternative, which was the status quo. So there's been no fundamental switch for him. He's basically concerned with protecting privacy. And this is not his favorite bill, but it's a lot better than what the Bush administration had before, which was close to free reign.

Goodman: Glenn Greenwald, you've written a lot about this, as well.

Greenwald: Well, you know, it's one thing to defend Senator Obama and to support his candidacy, as I do. It's another thing to just make factually false claims in order to justify or rationalize anything that he does.

The idea that this wasn't a reversal is just insultingly false. Back in December, Senator Obama was asked, "What is your position on Senator Dodd's pledge to filibuster a bill that contains retroactive immunity?" And at first, Senator Obama issued an equivocal statement, and there were demands that he issue a clearer statement. His campaign spokesman said -- and I quote -- "Senator Obama will support a filibuster of any bill that contains retroactive immunity" -- "any bill that contains retroactive immunity." The bill before the Senate two weeks ago contained retroactive immunity, by everybody's account, and yet not only did Senator Obama not adhere to his pledge to support a filibuster of that bill, he voted for closure on the bill, which is the opposite of a filibuster. It's what enables a vote to occur. And then he voted for the underlying bill itself. So it's a complete betrayal of the very unequivocal commitment that he made not more than six months ago in response to people who wanted to know his position on this issue in order to decide whether or not to vote for him. That's number one.

Number two, the idea that this bill is an improvement on civil liberties is equally insulting in terms of how false it is. This is a bill demanded by George Bush and Dick Cheney and opposed by civil libertarians across the board. ACLU is suing. The EFF is vigorously opposed. Russ Feingold and Chris Dodd, the civil libertarians in the Senate, are vehemently opposed to it; they say it's an evisceration of the Fourth Amendment. The idea that George Bush and Dick Cheney would demand a bill that's an improvement on civil liberties and judicial oversight is just absurd. This bill vests vast new categories of illegal and/or unconstitutional and warrantless surveillance powers in the President to spy on Americans' communications without warrants. If you want to say that that's necessary for the terrorist threat, one should say that. But to say that it's an improvement on civil liberties is just propaganda.

See more stories tagged with: wiretapping, glenn greenwald, 4th amendment, cass sunstein

Amy Goodman is the host of the nationally syndicated radio news program, Democracy Now!

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