As President-elect Barack Obama and his team begin the transition into governance, I'm concerned about his administration overlooking some of the same controversial issues that were overlooked during the campaign. Almost everyone recognizes that the top three national priorities must be economic recovery, energy independence, climate change, and ending the Iraq-Afghanistan wars.
What could be the secondary tier of priorities? Please permit me to offer three initial suggestions:
Restore Our Lost Civil Liberties
The Bush administration has waged the largest assault on civil liberties since the McCarthy era more than fifty years ago. The assault actually has rivaled the Alien and Sedition Acts under President John Adams, which ruthlessly suppressed public support for Thomas Jefferson, such as jailing journalists.
If the Obama administration wants to win whole-hearted support of civil libertarians, they will move quickly to amend the USA Patriot Act, Foreign Intelligence Surveillance Act, the Military Commissions Act and related measures to repeal those portions of the law that violate the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution.
Examples of unconstitutional measures include:
* Warrantless wiretapping of all overseas telephone calls.
* Obtaining the private records of libraries and bookstores to monitor people's reading habits.
* National Security Letters that forbid people and organizations from disclosing federal rights violations.
* The "sneak and peek" invasions of private property without showing a warrant or ever disclosing the "legal" burglary.
* The suspension of habeas corpus protections for both citizens and non-citizens declared by the executive branch to be unlawful “enemy combatants."
These are just a few examples. The actual list of civil liberties violations by the Bush administration would fill a book, or perhaps several books.
President-elect Obama likes to talk about hope. I'll feel real hope when he moves beyond soaring rhetoric to vigorously restore the rights and freedoms stolen from the American people by the Bush administration.
Foreswear Presidential Signing Statements
President George W. Bush consistently subverted the intent of Congress with more than 800 "signing statements" that declared which portions of legislation he would or would not obey. (Click here for a full listing).
A president is not an absolute monarch who has the right to rule by decree. Ever since King John consented to the Magna Carta in 1215, government leaders have been ruled by the law.
If President-elect Obama wants the full-hearted support of all the Americans feeeling outraged by the abuses of power by the Bush administration, he will foreswear ever using signing statements to distort or subvert the will of Congress. If he disagrees with a bill passed by Congress, he should simply veto it and send the back to Capitol Hill.
Authorize a Criminal Investigation of the Bush Administration
One of the biggest mistakes made by incoming President Bill Clinton in 1992 was dropping the criminal investigation of outgoing President George H.W. Bush for the Iran-Contra lawbreaking. Our elected leaders need to know in their bones that they are not above the law, that there are serious consequences for violating their oaths of office
To set a lasting precedent that will help curb future abuses of power, incoming President Barack Obama needs to authorize the Justice Department to undertake a full criminal investigation of outgoing President George W. Bush and Vice President Dick Cheney or violating their oaths of office as well as violating an array of federal laws.
A good starting point would be allegations of lying to Congress and the American people to justify the invasion of Iraq. A related option is the prosecution of George W. Bush for the murder of American soldiers in the unjustified war on Iraq, as proposed by Vincent Bugliosi.
Another area that deserves investigation is the "extraordinary rendition" program of kidnapping citizens of other countries and sending them to be tortured in secret prisons around the world. There may be murder or manslaughter charges associated with such unlawful imprisonments.
A third area would be gross malfeasance for squandering hundreds of billions of tax dollars for the occupation of Iraq by invading the country without just cause or a plan for nation-building after the conquest. That same money could have gone to thousands of better uses at home.
My point is that such investigations, with prosecutions if appropriate, will reassure the American people and people around the world that President Obama will not tolerate such flagrant lawbreaking by his own administration.
Such a clear commitment to law enforcement would reassure us that President Obama accepts complete personal responsibility for his own conduct. This will tell us that he knows he could be likewise prosecuted if he ever abuses his power.
What You Can Do
These are just three possible actions that President Barack Obama could take to help set a new course for the United States. In the weeks and months ahead, other options may come to mind. If you have any good suggestions to propose, please add them to the comments section below. Thanks.
P.S. Thank you, "Proud Primate," for catching three textual errors, which I've fixed.
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