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HUFFPOST SUPER USER
Hank10303
Reality Check
11:25 AM on 04/28/2009
So the President gets a "D" because Feingold can't find out the things he wants to. Regardless if there may be security concerns or even excessive liability or whatever the case maybe be. The fact remains that there are many things that should not be disclosed to the general public. As long as the administration is not pursuing illegal activities there should be limits. To think otherwise is irresponsible.
01:49 PM on 04/28/2009
Read the article.
02:36 PM on 04/28/2009
Thanks, East German Gestapo boy! Way to fight that dastardly Constitution and crush that persnickety old democracy. The sheep don't need to know the wolves are in charge, looking out for our best interests.
11:24 AM on 04/28/2009
Worse than Bush.
02:36 PM on 04/28/2009
Better than Bush, but in this category not much better. The bar is very very low.
11:10 AM on 04/28/2009
When are people going to realize that Obama does nothing haphazardly and nothing without a full understanding of all the consequences. Obama has chosen to error on the side caution for the time being while he conducts a thorough investigation of the last eight years.

Give the man some time people. He's a constitutional law professor and I think he has earned at least some measure of trust in his judgment. I'm not saying we should all write him a blank check. In fact, we need to stay on him about some of these things.

But, when I see some the vitriolic nonsense in here about Obama deserving and F I can't help but wonder who abused these poor people when they were children. Obama is not your father. He is not Dick Cheney. Just calm down and let the adults run the country for once.
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HUFFPOST SUPER USER
scorpioleidy
I rant ... therefore, I am.
11:08 AM on 04/28/2009
And to think I once thought of supporting Feingold for potus ...
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HUFFPOST SUPER USER
glockman
11:15 AM on 04/28/2009
Why, because he's not saying what you want to hear?
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Yermammy
Yer enemies know what yer friends can't believe
11:17 AM on 04/28/2009
Sounds like you lost common sense along the way.
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lthuedk 1
Artist, Political Imagery
11:08 AM on 04/28/2009
You're being way too kind, Senator Feingold.

Should the Obama administration remain negligent on mandatory prosecutions of torturers, we should find a states attorneys general to do the job for us in federal court.

Then charge Obama with criminal negligence. If I were in his shoes, this would have already gone to trial. This is a slam dunk case and there should be no foot-dragging, regardless of the right wing response. This is apolitical. This is the Law.

This is education time and the right needs lots of schooling now.

http://www.light-to-dark.com/i_feel_your_pain.html
11:18 AM on 04/28/2009
It must be nice to see the world in such black and white terms. I agree that there are convictions to made. But, having the president become "prosecutor in chief" would actually be detrimental to those investigations and therefore would be damaging to the prospects for conviction.

We need to slow down. Calm down. And let the adults take care of business.
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Yermammy
Yer enemies know what yer friends can't believe
11:50 AM on 04/28/2009
The adults ARE taking care of business. The children are cheerleading.
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HUFFPOST COMMUNITY MODERATOR
jrmarsh
12:00 PM on 04/28/2009
It is a DOJ matter, it's called the separation of powers, a concept alien to Cheney. Obama released the torture memos because the supreme court said they had to because of a lawsuit filed by the ACLU under the "Freedom of Information Act". Obama said he would bring more transparency to government, that is what was voted for, and that is what we are getting.
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Yermammy
Yer enemies know what yer friends can't believe
10:52 AM on 04/28/2009
President Obama deserves an "F". Russ is too kind. He's invoked this state's secret privilege to protect Bush and his crimes concerning illegal wiretapping which was undertaken before the new FISA law was enacted. Just like the torture memos which were written after the fact and executed for CYA purposes. What's more, Barack's DOJ has taken a FURTHER step in illegality by claiming NO suits against the United States can be prosecuted due to "Sovereign Immunity". Outrageous and wrong. "FAIL", repeat the first grade. And summer school.
10:56 AM on 04/28/2009
You don't know that! You all who are slamming him, don't have a clue! If you cared about these secrets, what did you do to bring about a change? The country is so two-faced! You want this President to do what the country was too cowardly to do! Make the black man tow the line! Sickening!!
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Yermammy
Yer enemies know what yer friends can't believe
11:10 AM on 04/28/2009
Sorry, I'm not talking about Bush's sins here. Barack's DOJ has now used the state's secrets privilege THREE TIMES to block investigations and judgement on lawsuits against Bush's crimes. Barack could have let these suits continue, but he didn't. HE BLOCKED THEM. Time to drop the pom poms and get real.
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Yermammy
Yer enemies know what yer friends can't believe
11:14 AM on 04/28/2009
Don't take my word for it. Read it from a Constitutional Law expert:

http://www.salon.com/opinion/greenwald/2009/04/13/obama/index.html
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HUFFPOST SUPER USER
dsws
No owning ideas. Limit only commercial use.
10:51 AM on 04/28/2009
To really judge the decisions to invoke state secrets privilege, we would need someone independent with clearance reviewing the actual information that was excluded from evidence. It sounds as though it would require new legislation for that to happen consistently.
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Yermammy
Yer enemies know what yer friends can't believe
11:07 AM on 04/28/2009
We already HAVE that with the Federal Judge reviewing this. We already HAVE tools to view sensitive cases with security issues. The DOJ is arguing that the President has judicial authority over a Federal Judge's decisions, which is clearly the insane argument that Bush's administration was attempting to make.
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HUFFPOST SUPER USER
dsws
No owning ideas. Limit only commercial use.
11:00 AM on 04/29/2009
Judges already have the authority to review the information in camera. But according to the article it's not happening most of the time.
11:15 AM on 04/28/2009
You may be right. In the meantime, we are not well served by those who insist, without a shred of evidence, that Obama is doing something illegal. In my view, Obama is taking his time. He has proven to be a methodical and measured decision maker. I think we owe him a little leeway on this matter for the time being.
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HUFFPOST SUPER USER
glockman
11:17 AM on 04/28/2009
Leeway in shredding the constitution? I think not. These clear abuses of civil rights and privacy issues must stop now. It was highly illegal when Bush did it, and it's highly illegal now.
10:35 AM on 04/28/2009
the ruling in U.S. Vs. Reynolds (Truman's Great secret) : The court held that only the government can claim or waive the privilege, and it “is not to be lightly invoked”, and last there “must be a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer.”[1] The court stressed that the decision to withhold evidence is to be made by the presiding judge and not the executive!
This is always abused the way I understand it. Especially since the case involved in that ruling held no secrets at all and was only covering negligence on the Air Forces part once the files were made public. And seeing how Obama has already abused this power 3 times in 100 days while Bushed used it in 23 known cases in 8 years That should put him right on forecast with Bush. I suppose Obama thinks if he airs out the previous administrations dirty laundry then we will not notice his Echo boxers on the line.
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HUFFPOST SUPER USER
ReedYoung
global mean temperature
01:39 PM on 04/28/2009
A _good_ attorney should object on that basis, and prevail if I understand the rules of the procedure correctly. Whether to _allow_ the state secret privilege is ultimately the decision of the Judiciary Branch, is it not?
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HUFFPOST SUPER USER
dsws
No owning ideas. Limit only commercial use.
11:25 AM on 04/29/2009
"Whether to _allow_ the state secret privilege is ultimately the decision of the Judiciary Branch, is it not?"

I'm not sure. Congress has some powers related to the judicial branch.

"To constitute Tribunals inferior to the supreme Court;"

"In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
10:35 AM on 04/28/2009
The entire world has known for years the U.S. kidnapped and tortured people. What is a state secret about that?

He might be better off taking those porky thingees like monies for pandemic diseases out of the stimulus package.
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Yermammy
Yer enemies know what yer friends can't believe
10:57 AM on 04/28/2009
The state's secrets privilege has been abused to block entire cases because of sensitive intelligence which is ridiculous because those parts can be redacted or withheld. Federal Judges have a means of hearing those cases, but this wrongly used privilege asserts the entire case be thrown out without due process. It's an attempt to forgo jurisprudence and the rule of law entirely. And it's wrong and a continuance of Cheney's unitary executive theory. Barack's DOJ is covering for Bush's crimes.
10:27 AM on 04/28/2009
That grade might be too high.

http://www.pufferfishblog.com/
10:59 AM on 04/28/2009
You wouldn't have done any better! Being a arm-chair quarterback is easy, isn't it? If the republicans had managed to win the election, we wouldn't even be having this conversation! Even John McCain wants the country to move on and not look backward!
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Yermammy
Yer enemies know what yer friends can't believe
11:24 AM on 04/28/2009
I know you're heart's in the right place, but you are only different from a Palin fanatic or a Bushie by the color of your cheerleading outfit (and pom poms). You do neither the country, the President, or yourself any good to being blindly obedient and apologizing for every act Barack Obama makes- good or bad. We are in the shape we're in from people not actively lobbying and criticizing for progressive change. You are an enabler of bad behavior. "Sis boom bah! Gooooooooo Barack!" LOL.
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HUFFPOST COMMUNITY MODERATOR
augiegram
10:20 AM on 04/28/2009
State Secrets? Many of us have been calling for an investigations of this for months. The word has been out and it would be foolish and immoral for our president to hide this material.
11:00 AM on 04/28/2009
where was your outrage before now? We've know for well over a few months, but the country didn't take this issue up! why now? why this president? Want him to tow the line, huh?
10:17 AM on 04/28/2009
"I recognize that some of these issues will take time..." -- I don't think you do. For one thing, the president can't assess state secrets until *after* he has access to them, which didn't happen until inauguration day. It's not like health care reform or defense spending where he or anyone can plan based on previous knowledge. This is delicate information, and a lot of it. The president should err on the side of caution until he can get the entire picture.
10:04 AM on 04/28/2009
Much as I respect Senator Feingold, I wonder how transparent his darling McCain ("He would make a great President") would have been.
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TheBaffler
a long the riverrun
10:16 AM on 04/28/2009
Was increased transparency a part of McCain's platform as it was Obama's?
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HUFFPOST SUPER USER
whatt
10:50 AM on 04/28/2009
NO IT WAS OBAMAS, THE REP. LIKE MCSAME WOULD GO ON LYING TO YOUR FACE AND DOING THE DIRTY DEED.
11:01 AM on 04/28/2009
Yes, it most certainly was, but he now wants to let bygones be bygones. Go figure!
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Totto
"Not 'Noise' One Round: *Music*
10:31 AM on 04/28/2009
Senator Feingold could have run for the Presidency, I wrote and asked him to.
Sometimes, he plays politics in an obvious and clumsy way.
02:01 PM on 04/28/2009
He would have, but he knows that his record and his candor would have killed his chances. Also, while he is not a horrible fundraiser, his ethics (much more stringent than Obama's) limit the amount of money he could have possibly raised. He didn't have a chance, but I must admit that I did vote for him in 2008 as a write-in for POTUS.
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Yermammy
Yer enemies know what yer friends can't believe
09:58 AM on 04/28/2009
Thanks Russ. You're too generous. President Obama gets an F for FAIL because it's obvious he's trying desperately attempting to protect complicit Democrats and Bush/Cheney by proxy. This all can be traced back to his betrayal on FISA and THAT was to protect N. Pelosi (et alia) on her (their) knowledge of the wiretapping and torture memos. If the Telco's had been sued, it would have become apparent that they had a contract stating that ALL lawsuits won made the Government monetarily responsible and impeachment (and prosecutions) would have been inevitable. Nancy should have blown the whistle years ago instead of bluffing and taking impeachment "off the table". Now she should come forward and testify for immunity for the crimes of the previous administration and resign, therefore restoring what little dignity she has left.
It's all going to come out, folks. It's just a matter of time.
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RobertHenryEller
a micro-bio hp can handle
09:51 AM on 04/28/2009
Senator Feingold understands his job: To preserve, protect and defend the Constitution of the United States of America.

Senator Feingold is doing the job he took an oath to do.

President Obama is a Constitutional scholar.

Senator Feingold knows that. Senator Feingold, who clearly supports Obama, is simply reminding the President. Senator Feingold is also a politician, and not an idiot, or an ideologue. He's correctly pressuring, and simultaneously giving Obama impetus, to do what Obama in actuality wants to do. Both Obama and Feingold know that Obama must make political compromises, much as both men, like many of us, would prefer to do otherwise. Each man understands exactly what the other is doing.

Please keep up the good work, Senator Feingold.

As for the rest of us, we also need to keep speaking up to give our President the political clout to do the right thing.
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StevenevetS
10:39 AM on 04/28/2009
Good post! It gives me more to think about.