Obama's Legal Team Copies Bush's 'State Secrets' Trick to Cover Up Torture and Renditions

By Liliana Segura, AlterNet. Posted February 10, 2009.

"The legal advisors working on this looked at rendition. It is controversial in some circles and kicked up a big storm in Europe. But if done within certain parameters, it is an acceptable practice."

The official's statement was backed up with a quote from a representative from Human Rights Watch: "'Under limited circumstances, there is a legitimate place'" for renditions, said Tom Malinowski, the Washington advocacy director for Human Rights Watch."

The article sparked anger and controversy from op-ed pages to the blogosphere. ("So, it would appear that we will not see the end of torture under this administration after all," lamented blogger Digby.) But backlash against the LA Times quickly followed.

In a post titled "Renditions Buffoonery," attorney Scott Horton, who writes the Harpers blog "No Comment," called it a "breathless piece of reporting," which, among other problems, "misses the difference between the renditions program, which has been around since the Bush 41 administration at least … and the extraordinary renditions program which was introduced by Bush 43 and clearly shut down under an executive order issued by President Obama in his first week."

The earlier renditions program regularly involved snatching and removing targets for purposes of bringing them to justice by delivering them to a criminal justice system. It did not involve the operation of long-term detention facilities and it did not involve torture. There are legal and policy issues with the renditions program, but they are not in the same league as those surrounding extraordinary rendition.

The LA Times, said Horton, "got punk'd."

Constitutional lawyer and blogger Glenn Greenwald had his own criticisms about the article, and got into an e-mail debate with its author, Greg Miller, whose response defending his report was posted on Greenwald's blog.

"The story made clear that Obama intends to administer the rendition program in a very different way," Miller argued. "… This is not a story saying it's business as usual under Obama."

"Nevertheless, the rendition program is controversial. Even if administered in the most enlightened manner, it is a program that involves the use of the CIA in secret abductions and prisoner transfers."

Even as some backpedaled on their initial reactions ("You'd think I'd know better than to take a newspaper article about the intelligence community at face value by now," Digby wrote), for some who have closely followed the Obama administration's handling of torture in his first days in office, the discussion was far from over.

"Liberal bloggers have jumped on the bandwagon defending President Obama's executive order calling for a review of the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States," wrote psychologist and blogger Jeffrey Kaye, who has spent the past few months waging a one-man crusade against the torture loophole embedded in the Army Field Manual. "Forget that Obama did not outlaw the practice of rendition. But this is because, according to certain liberal bloggers, and a few human rights spokespeople (like Tom Malinowski of Human Rights Watch), 'Under limited circumstances, there is a legitimate place' for renditions."

According to Horton et al., extraordinary renditions are war crimes, because the government sends prisoners to foreign countries to be tortured. (That is certainly correct, so far as that goes.) "Legal" renditions -- as defined by Richard Clarke in a recent article … are examples of "renditions performed by the American government [and] are legal, effective and done within the scope of human rights" (emphasis added). And if you think differently, then you are "ridiculously misinformed," a "buffoon," a "moron" (the latter by a Daily Kos commenter to yours truly).

Like other defenders of Obama's right to maintain some version of the policy in place, Clarke, a counterterror advisor to Bill Clinton, sought to clear up "the confusion over rendition." Rendition "proved workable before the Bush administration," Clarke wrote, "And it need not be something to fear in the future."

See more stories tagged with: extraordinary rendition, barack obama, aclu, department of justice, glenn greenwald, state secrets, jeppesen dataplan, binyam mohamed, eric holder

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