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

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

What Is Really at Stake

The differences between Bush-era rendition and its precursors are not insignificant -- in fact, Horton and Center for Constitutional Rights President Michael Ratner debated them on Democracy Now! last week. But, given that they largely boil down to what the CIA did as a matter of policy under Bush (torture) versus what was allegedly done under Clinton unofficially (torture), neither are they the most urgent issue at hand. Obama's much-lauded executive orders are vague enough to elicit endless speculation when it comes to rendition and other intelligence policies. But the actions of his Department of Justice on Monday were not.

"This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course," Ben Wizner said. "Now we must hope that the court will assert its independence by rejecting the government's false claims of state secrets and allowing the victims of torture and rendition their day in court."

Indeed, at stake in the Jeppesen case is not only justice for the victims of a hideous policy -- one that, in whatever form, should not be exercised by a country that claims to be a beacon of democracy and human rights -- but a changing of course when it comes to the flagrant abuse of the state-secrets doctrine, which was repeatedly used by the Bush administration to stamp out lawsuits against the government for its myriad abuses, from torture to illegal spying.

Both Obama and his Attorney General, Eric Holder, have vowed to review the Bush administration's use of the state secrets privilege. As a DOJ spokesperson told the Washington Post yesterday. "It is vital that we protect information that if released could jeopardize national security, but the department will ensure the privilege is not invoked to hide from the American people information about their government's actions that they have a right to know."

But as Romero told reporters last week, the actions of the Obama administration "are unfortunately speaking louder than their words."

"What this is clearly about is shielding the U.S. government and Bush officials from any accountability," wrote Glenn Greenwald following the Jeppesen hearing Monday. "Worse, by keeping Bush's secrecy architecture in place, it ensures that any future president -- Obama or any other -- can continue to operate behind an impenetrable wall of secrecy, with no transparency or accountability even for blatantly criminal acts."

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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