Decoding The Obama Doctrine
The "On The Marc" column is written by The Atlantic's Marc Ambinder, CBS News' chief political consultant.
Judging by his campaign rhetoric, President Obama's national security legal doctrine - call it the Obama Doctrine - would appear to be a model of restraint, where the powers of the executive are checked by a transparent screen and obsequious Congressional oversight.
Seventy days in, however, we know very little about how Obama the President thinks. We can judge him by his actions; in response to a flurry of pre-cooked court decisions, Obama's national security lawyers have been very active.
So far, the administration has thrice sustained the Bush administration's claim of the State Secrets Privilege in urging civil suits against Bush administrational officials to be quashed. It has refused several entreaties from judges to re-argue points of law first used by the Bush administration. It has used a signing statement to affirm the right of the federal government to fire whistleblowers. It has treated as secret a draft version of an Internet Protocol treaty, leading Wired magazine to morph Obama's photograph into Bush's.
Obama was inaugurated after a cascade of court rulings and Congressional actions that limited the authority of the executive branch and created a patchwork of rules, laws and precedents. Some of the harder questions have been dealt with, from torture to secrecy issues related to the detainee politics to the habeas rights of all Guantanamo detainees and most other detainees held elsewhere.
Obama has ordered a review of the status of every Gitmo detainee. Most of their cases will be disposed of quite easily; Yemen is already building facilities - detainee halfway houses - to accept, re-educate and release dozens of them. Other countries are willing to repatriate many of the several hundred who remain in custody.
There are currently 14 "high value" detainees in U.S. custody, and those adjudications will be quite difficult to complete without harming someone's interest - the rule of law, the safety of the country, the personal safety of the detainee, the sovereignty of other countries.
Likewise, Obama has ordered his attorney general to review all 23 Bush era assertions of the state secrets privilege. Administration officials say they're in a bind. The fate of most of the cases hinge on the successful application of the privilege, and so in deciding to retract the privilege, the administration fears it will set a precedent that will weaken what President Obama believes is a lawful extension of the executive's authority to protect national security information.
Administration officials say that Obama wants to find a case where he can retract the privilege without harming the privilege.
For the true predictors of what an Obama national security doctrine will look like, we'll have to wait a while. Three contentious provisions of the Patriot Act expire at the end of 2009 as does the Congressional authorization for the NSA's domestic surveillance program. Obama's own sympathies lie with civil libertarians, but he has incorporated the experience of his advisers, most of whom are arguing for a less obvious balance between security and liberty. Obama's counterterrorism adviser, John O. Brennan, knows more about the NSA program than anyone in Obama's inner circle, and while not privy to the Bush administration's secret debate over its legality, he is said to believe that the program worked.
So while detainee issues remain flashy, I don't think the Obama administration will be challenged by too many new cases outside of the current Gitmo/Bagram population. Obama doesn't want to capture the bad guys who are out there; he wants to kill them, and he has the means and authority to do that. Whatever Obama's detainee policy will be once it's fully fleshed out, I doubt it will be strained by lots of new high profile captures.
By Marc Ambinder
Copyright 2009 CBS. All rights reserved. Judging by his campaign rhetoric, President Obama's national security legal doctrine - call it the Obama Doctrine - would appear to be a model of restraint, where the powers of the executive are checked by a transparent screen and obsequious Congressional oversight.
Seventy days in, however, we know very little about how Obama the President thinks. We can judge him by his actions; in response to a flurry of pre-cooked court decisions, Obama's national security lawyers have been very active.
So far, the administration has thrice sustained the Bush administration's claim of the State Secrets Privilege in urging civil suits against Bush administrational officials to be quashed. It has refused several entreaties from judges to re-argue points of law first used by the Bush administration. It has used a signing statement to affirm the right of the federal government to fire whistleblowers. It has treated as secret a draft version of an Internet Protocol treaty, leading Wired magazine to morph Obama's photograph into Bush's.
Obama was inaugurated after a cascade of court rulings and Congressional actions that limited the authority of the executive branch and created a patchwork of rules, laws and precedents. Some of the harder questions have been dealt with, from torture to secrecy issues related to the detainee politics to the habeas rights of all Guantanamo detainees and most other detainees held elsewhere.
Obama has ordered a review of the status of every Gitmo detainee. Most of their cases will be disposed of quite easily; Yemen is already building facilities - detainee halfway houses - to accept, re-educate and release dozens of them. Other countries are willing to repatriate many of the several hundred who remain in custody.
There are currently 14 "high value" detainees in U.S. custody, and those adjudications will be quite difficult to complete without harming someone's interest - the rule of law, the safety of the country, the personal safety of the detainee, the sovereignty of other countries.
Likewise, Obama has ordered his attorney general to review all 23 Bush era assertions of the state secrets privilege. Administration officials say they're in a bind. The fate of most of the cases hinge on the successful application of the privilege, and so in deciding to retract the privilege, the administration fears it will set a precedent that will weaken what President Obama believes is a lawful extension of the executive's authority to protect national security information.
Administration officials say that Obama wants to find a case where he can retract the privilege without harming the privilege.
| Map: Obama's Overseas Trip A day-by-day guide to one of the most closely watched presidential trips in recent memory. |
For the true predictors of what an Obama national security doctrine will look like, we'll have to wait a while. Three contentious provisions of the Patriot Act expire at the end of 2009 as does the Congressional authorization for the NSA's domestic surveillance program. Obama's own sympathies lie with civil libertarians, but he has incorporated the experience of his advisers, most of whom are arguing for a less obvious balance between security and liberty. Obama's counterterrorism adviser, John O. Brennan, knows more about the NSA program than anyone in Obama's inner circle, and while not privy to the Bush administration's secret debate over its legality, he is said to believe that the program worked.
So while detainee issues remain flashy, I don't think the Obama administration will be challenged by too many new cases outside of the current Gitmo/Bagram population. Obama doesn't want to capture the bad guys who are out there; he wants to kill them, and he has the means and authority to do that. Whatever Obama's detainee policy will be once it's fully fleshed out, I doubt it will be strained by lots of new high profile captures.
By Marc Ambinder
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Although the USA is the No. 1 in the world, it can not lead the world by force just like former president Bush Jr. did, but by example.
Obama knows it for sure.
And I am sure that Obama will better the position and the image of the USA in the world.
What I am worring about is his personal safety.
Posted by jwind1 at 7:01 AM : Apr 3, 2009
What does my comment have anythign to do with love or hate or fear of Palin?
You're not the sharpest knife in the drawer are you...
Posted by enjoylife63 at 6:34 AM : Apr 3, 2009
You know, spell check does not help if you do not know the meaning of words. It would be breaking not braking. You could also use some help with reading comprehension, I recommend " The Audacity of Hope" by Barak Obama. You just might be amazed at how many promises he has kept.
Posted by Rowdy104 at 7:00 AM : Apr 3, 2009
Pipe down. The President (Obama) shook hands with the queen of England too (and you have to bow to her, she is so tiny). Get a cup of coffee, walk outside, smell the rose. Life is not all that hateful.
What "doctrine"? Remove checks from the US borders? Expand Executive Powers beyond constitutionality? Release Gitmo terrorists into US?
Oh Ohhhhh. Now were really gonna get Palin confuzzled.