Orwell Alive and Well in the Obama Whitehouse
One of the things that concerns me the most is Obama's comfort in
continuing to support Bush's assault on basic procedural civil rights
because they serve to reinforce the power of what is now his office.
Case in point, the Pentagon's "privilege review team", which is now considering charges against a victim of the torture protocols created by the Bush Administration.
What they posted was a cover sheet naming the case, and quoting unclassified portions of a UK court ruling saying that it was up to the US to release it, followed by a version redacted by said privilege review team", which blacked out everything but the title of their report, which is clearly stamped "unclassified":
Cross posted from 40 Years in the Desert.
Case in point, the Pentagon's "privilege review team", which is now considering charges against a victim of the torture protocols created by the Bush Administration.
What they posted was a cover sheet naming the case, and quoting unclassified portions of a UK court ruling saying that it was up to the US to release it, followed by a version redacted by said privilege review team", which blacked out everything but the title of their report, which is clearly stamped "unclassified":
The privilege team argue that by releasing the redacted memo Reprieve has breached the rules that govern Guantánamo lawyers and have made a complaint to the court of "unprofessional conduct".So, according to someone at the Pentagon, by sending an unclassified document to the president of the United States of America, they are in violation of regulations, and could face as much as 6 months in jail.
Stafford Smith described their actions as intimidation, saying the complaint "doesn't even specify the rule supposedly breached".
Cross posted from 40 Years in the Desert.
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Seriously, this is a complete mind frack.
April 6, 2009 5:30 PM | Reply | Permalink
Good catch. Thanks.
April 6, 2009 6:16 PM | Reply | Permalink
Yeah, assuming the report is accurate, what the "privilege review team" did here was Kafkaesque. But, come on, they're uniformed bureaucrats engaged in censorship. What else would you expect?
The fact is is that government lawyers, city, state and federal--it doesn't seem to make a difference, do bizarre, abusive Kafkaesque shit every day. They do it in the prosecution of criminal cases, they do it in the enforcement of environmental and land use and every other kind of regulation, they do it in licensing and professional certification cases and alcohol sales regulation cases. They do it in everything.
That's the nature of the beast. Government lawyers aren't responsible to anyone for their time. They are only held responsible for failing to protect their client. And when your client is in the business of weilding power, that means protecting every last erg of your client's power to your dying breath, no matter how insane your position. As a result, overreaching and general dickheadedness are pervasive occupational hazards for government attorneys. Many are good, decent people who weild their authority with common sense and a level head--and fortunately for us, the career Justice Department lawyers are the ones most likely to be that way. But the civil service system also attracts dickheads with J.D.'s like flies to roadkill.
That's why we try really hard to insulate judges from politics. And that's why we have opposing lawyers to challenge dickish positions. And that's why the government often loses when they take a dickish position.
So, yeah, I'm really sorry that in his first 80 days, Obama hasn't used his the magic make everything perfect pixie dust Jesus gave him to make government lawyers stop behaving like dicks. It would certainly make my life easier if government attorneys would stop behaving like dicks, though I do love how easy their dickishness makes it to beat their asses in court.
But the conclusion you seem to have come to that this is all part of some secret power grab strategery being directed by Obama from the White House just doesn't seem to be supported by any facts you site, much less your dramatic invocation of George Orwell.
April 7, 2009 9:22 AM | Reply | Permalink
"cite," not "site."
April 7, 2009 9:24 AM | Reply | Permalink
Seconded.
April 7, 2009 9:26 AM | Reply | Permalink
Steve:
Very Good post!!!
As someone who's legal career has included stints with the feds, a major corporation and big city law firms, I think your analysis of the federal government legal world is spot on.
Yes, dickheadedness in the legal bureaucracy causes a lot of problems. Especially in employee- management relationships. We all end up suffering these fools.
April 7, 2009 10:37 AM | Reply | Permalink