Earl Ofari Hutchinson

Earl Ofari Hutchinson

Posted: May 23, 2009 12:00 PM

Painful Truth in Cheney's Spat with Obama


The painful truth in former Vice President Dick Cheney's spat with President Obama is that there are still far too many places where Obama's policy resembles Bush policy on the terrorism war. In the waning days of his last term Bush scrapped some of the worst of the legally and morally obscene interrogation tactics. He partially emptied the bulging cells of terror suspects at Guantanamo Bay. He even tried to do a half-hearted kiss and make up with European allies who vehemently opposed US torture tactics. The courts ruled that the Bush administration grossly violated constitutional and legal precepts by scooping up and holding terror suspects with no or flimsy charges and no trials.

The Bush shifts and changes dovetail with Obama's position on the most blatant abuses. But Obama hasn't yet gone much further than that. During the presidential campaign he strongly hinted that he'd dump most if not all of Bush's executive orders that infringed on civil liberties rights and protections in the war on terror and the Iraq war. There were 31 in all.

The best known and most controversial was the executive order that granted wide latitude in loosely defining what and who is a "terrorist combatant," where and how long that individual could be held (indefinitely) and how they should be legally disposed of (none of the standard constitutional protections).

Bush didn't stop there. He issued Executive Order 13440 in July 2007. The order was deliberately vague and did not spell out what interrogation practices were permissible. The order gave the green light to interrogators to dodge the safeguards spelled out in the Geneva Convention against illegal and inhumane treatment of prisoners. The military took the cue and didn't miss a beat in their prisoner interrogations. That was only the most naked example of using an executive order to subvert the law. More than two dozen other executive orders that Bush signed into law and that quickly became operational between 2005 and early 2008 slipped far under the public radar scope and got little if any public attention but were just as abusive.

Bush signed another executive order the same week he signed the executive order that subverted the Supreme Court's ruling against him on prisoner interrogation practices. That order blocked the sale and transfer of property of any individual deemed a threat to the stabilization efforts in Iraq. Translated, that meant that anyone who spoke out against the Iraq War could be branded a terrorist and have their property seized. This legally dubious executive order received passing press mention and little lawmaker scrutiny, and as far as is known is still on the books.

It is still subject to individual interpretation of who is a terrorist (suspect) and worse who makes that determination. The courts for sure don't make that determination. The core of the Bush terrorism war is firmly embedded in the executive orders that permit suspects to be held without trial, gives the military the right to determine what interrogation tactics can be used and when, reinforces the paranoid secrecy that encases the military's dealing with terror suspects. The executive orders were clearly designed to keep the victims from having their day in court, and keeping the courts from giving it to them. Under Bush policy, targeted killings of terrorists wherever they were or deemed to be, was sacrosant. Obama has not changed that policy. Nor has he dismantled Bush's patently illegal domestic surveillance policies.

Bush made a deliberate legal mess of the terrorism war, and his executive orders horribly show that. Cheney's media grandstanding ploy to rap Obama and absolve himself and his boss from legal and moral culpability for their abuses won't change that. Obama's arm tussle with Cheney then really serves no purpose, especially since some of Cheney's charges about his embrace of Bush policy on terror war are not that far off the mark.


Earl Ofari Hutchinson is an author and political analyst. His weekly radio show, "The Hutchinson Report" can be heard on weekly in Los Angeles on Fridays on KTYM Radio 1460 AM and live streamed nationally on ktym.com

The painful truth in former Vice President Dick Cheney's spat with President Obama is that there are still far too many places where Obama's policy resembles Bush policy on the terrorism war. In the w...
The painful truth in former Vice President Dick Cheney's spat with President Obama is that there are still far too many places where Obama's policy resembles Bush policy on the terrorism war. In the w...
 
 
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12:32 PM on 05/25/2009
Posters are saying we need to give Obama time. Poor fellow, he has so much on his plate that isn't his fault! Why then, if he truly wants to change things, did he pick Biden and Hillary for powerful positions? Why McChrystal to lead operations in Afghanistan? Why is Robert Gates still DOD sec? Why no talk of single-payer health care? It should also be troubling that columnists for the major newspapers in the country (besides the Murdoch-owned rags) are usually pretty approving of 'Bama?
Bama ain't weak-spined, or misguided as some of his more fervant, but disappointed worshippers would describe him. Obama is a Clintonian (a more cute and cuddly version of their neoconservative Republican counterparts) and he knows exactly what he is doing. One of his mentors was Dick Lugar, which should worry anyone who hopes that the M.I.C.'s strangehold on this country will end some day.

Once again the Democrats have manipulated the US with a cheap dog and pony trick into thinking they will change things. Of course if one advocates genuine change, as do 3rd party types, then they are brushed aside as being unrealistic or even "crazy." Because giving out 2000 dollars per dead Afghan child is sane, oh yeah.

Face it folks, this country ain't gonna change. We've got deep structural problems that have never been addressed because we've all been too busy dealing with the red herring that is the culture wars.
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Antifascist-08
04:09 PM on 05/24/2009
Thanks for nothing. Obama knows what he is doing. he is trying to clean this up once and for all. Just because it doesn't fit in your timetable it doesn't mean he isn't going to fixit. There are a lot of legal issues here.
01:19 PM on 05/24/2009
Everyone needs to calm down and give Obama a chance to lead. He has only been President for about four months. He has accomplished a lot but not "everything." He's a man who deliberates and thinks things through before he acts. He's got a million things on his plate. He inherited a total mess. Give the guy a break, for Pete's sake. He'll get to it.
12:43 PM on 05/24/2009
Hey people, it is sad to say that the 'time filler talkers' in pundit land will be filling up our world with their constant yabbering all day long for the next few years to come.
They talk for the sake of it and feel that they have to comment on every living thing...but as the late great Miles Davis suggested 'Less is More'!
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Dredd
Our government is a wartocracy.
12:10 PM on 05/24/2009
When neoCons praise Obama's policy it should be a clue shouldn't it?
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04:35 PM on 05/24/2009
Bingo.
HUFFPOST SUPER USER
Decipherer
Objects may be closer than they appear
01:31 PM on 05/25/2009
And who might they be?

I haven't heard much praise for Obama from that rat's nest, other than the most superficial, such as "he speaks well," " what a lovely family," that sort of thing.

More importantly, whether they praise him on substance or not, drawing inferences from any statement of that nature is a risky business.

Besides, who cares what they say? From now on, it's going to be "tell it to the judge" and "let me remind the witness, you're under oath."
11:07 AM on 05/24/2009
You're absolutely right.

If anything, Obama needs to start comprehending these matters from the perspective of prosperity, for if he keeps pussyfooting the Bush-fanatics while committing himself to undoing the policies of the Bush administration ever-so-gradually, he'll eventually come to be remembered as on par with the Northerners who, during the immediate aftermath of the civil war, prioritized healing the nation's divide rather than finalize the elimination of systematic oppression in the American South. As a result, the South was permitted to persist in rabid discrimination policies if only without the extremity of slavery, and thus Northern politicians have since been justifiably condemned for their complicity.

Obama should realize that, a decade from now, future generations will come to reflect upon Bush policies as the byproduct of sheer insanity and thus the bare-minimum of what could be expected of any sensible successor would include undoing each and every one of the aforemenioned parameters as quickly as possible. Thus, the questions prosperity will continue to ask will include persistent quieries as to why Obama took his sweet time in counteracting policies which never should have been instigated to begin with.
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HUFFPOST SUPER USER
Querent
I just had to say that.
09:48 PM on 05/24/2009
posterity |pä steritē|
noun
all future generations of people : the victims' names are recorded for posterity.
• [in sing. ] archaic the descendants of a person : God offered Abraham a posterity like the stars of heaven.
ORIGIN late Middle English : from Old French posterite, from Latin posteritas, from posterus ‘following.’
09:20 AM on 05/24/2009
I'll give O the benefit of the doubt for now. What strikes me is that O campaigned on this and this turn around tells me that it's for a good reason. Not because he wants to but because he feels it is warranted, and I trust his judgment.
12:45 PM on 05/25/2009
Attitudes like that are dangerous for a healthy democracy or a republic. Peasants trust nobles and kings to make decisions, citizens should always be sceptical.
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chamberslee
09:16 AM on 05/24/2009
Obama's hands are not tide. He could have signed an executive order--as Bush did to get us in to this situation--four months ago. With the stroke of a pen, the Constitution would be restored.

What most U.S. citizens do not understand is that the Patriot Act, the suspension of habeas corpus and the acceptance of preventive detention without cause or legal rights and protections negatively affects them, too, not just the suspected terrorist.

During the early to mid 1900s, The U.S. Supreme Court decided several landmark cases that became the Bill of Rights. These rights protected us from unreasonable search and seizure, cruel and inhumane treatment, self-discrimination and prevented any government from wrongly holding a person against his or her will. Likewise, the Bill of Rights also granted everyone the right to an attorney, the right to confront an accuser, the right to a speedy trial, the right to remain silent, the right to self-expression, speech and the right to assemble (to name a few). The 14 Amendment, although not a part of the Bill of Rights, protected civilians' liberties. In the name of the "War on Terrorism, we have traded our freedoms and protections. We are vulnerable without them and no better than a directorship or a police state. We have lost so much progress.

We should not make any excuses for Obama; there is too much at stake.
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HUFFPOST COMMUNITY MODERATOR
Mogamboguru
I am a liar. Don't believe me.
04:48 AM on 05/24/2009
For Obama, revoking the executive orders of Bush only requires the strike of a pen.

While he doesn't do that, he implicitly agrees to the content and use of his antecessor's orders.

If Obama doesn't understand and correct that, he's too .d.u.m.b. to be president.
12:03 AM on 05/24/2009
Why some people will never have any credibility: "spat".

What spat is the President having? I am not aware of any.

What I do know that Dick Cheney is, alone with the media, doing everthing they can to undermine the President. While the President is just trying to do his job. Which ticks off the haters even more.

The sad part is that Cheney and what passes for media are willinggly help alone by those who have their own agenda.
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HUFFPOST SUPER USER
tbone99
cruisin' duality
10:08 PM on 05/23/2009
Obama says he wants to be bipartisian., but so far he's only been Republican. : (
07:58 PM on 05/23/2009
grow up people it is and will not be easy for Obama to change or fix everything is 4 months. Also the ACLU is no better than some fringe REPUGs groups. I disagree with your assement in this article.
08:59 PM on 05/23/2009
That's what I keep saying. I'm starting to think Pres. Obama is looked upon as a magician who just has to wave his magic wand and everything will change in an instant! I wish both liberals and republicans get real.
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10:07 PM on 05/23/2009
The one thing Obama does control without Congress breathing down his neck ARE executive orders. He could reverse all 31 egregious executive orders Bush instituted, with a stroke of a pen...especially those dealing with civil liberties. But he hasn't. He has all the time in the world to do that. It's something really easy and within his grasp to fix. And he hasn't.

Ask yourself why he hasn't.
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Rogan
04:56 AM on 05/24/2009
Obama's slowly and carefully considering these matters, along with his advisers. So the sudden precipitous political moves you seem to expect Obama to make, won't affect anyone adversely, on Obama's watch.
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chamberslee
08:20 AM on 05/24/2009
Exactly! Obama could have resurrected our civil liberties "four months ago if he wanted to. Because he has not indicated that he has intentions to do so suggests it is not part of the his plan. Why has he been so slow to act on his campaign promise? He does not need congress' support in this matter. Soon, we have to accept Obama for what he truly is: A centrist democrat with right-leaning tendencies.

To be fair, he has done (and is attempting to do) some wonderful things for the country, and I agree with his positions on education and energy dependency. Nevertheless, he appears granacious with respect to gays in the military, restoring our Constitutional rights, helping Katrina victims, and achieving complete transparency (e.g., torture).
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lafrance
07:26 PM on 05/23/2009
I have to disagree with your comparing Obama and Bush policies.
In many instances it may not have been the policy that flawed but, the way it was set up, executed and ran.
Take Afghanistan. That would have been a quick war and Bin Laden most surely would have been caught and we would not still be there if someone else was in the Oval Office.
But, 8 years later the war is dragging on, the Taliban is at full strength and able to act with impunity and Bin Laden is cozy in a cave.
So, is that war bad and wrong or was it the way it was handled and executed?
the same with say the Military courts. Actually they are suppose to be quite good and fair but, with Cheney and Bush, they became kangaroo courts and a joke.
That was because of Bush and cheney and not because of the court itself.
We democrats are too quick to judge, fly off the handle immediately and make charges of 'just like Bush' without examining whether the policy was bad or the way it was done was what made it bad.
09:02 AM on 05/24/2009
Well said Sir.
09:03 AM on 05/24/2009
or Mam? lol
07:09 PM on 05/23/2009
For once, I agree with you. One could even suppose that Cheney and Obama are doing a good cop/bad cop routine and absolutely nothing is changing- except Barack's talking about "preventative detention" which is the most terrifying doublespeak I've ever heard. If they can define a terrorist as any one they want, suspend habeas corpus and keep you indefinitely without charge- we have now adopted the worst dictatorship methods of the Chinese or Russians. Barack's a smooth talker, but that makes him MORE dangerous than the bumbling Bush ever was. The scary part is large swathes of the population are perfectly happy with this and asks no questions at all. Charisma can be a very bad thing.
"So this is how Liberty dies...... with thunderous applause"- Star Wars.
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HUFFPOST SUPER USER
lafrance
07:33 PM on 05/23/2009
I have to say that you, along with many here, do not understand the legal entanglements that the Bush administration, through incompetence and arrogance, left this one to walk through and that in many cases their hands are tied for the time being.
I also think that many here love to judge without thinking about why a certain policy, ect., was bad in the first place.
Or that in some cases they cannot be overturned in the snap of a finger but, have to be untangled carefully over a long period of time.
Try using common sense and research into why something is the way it is before flying off the handle and not just ass--u--me
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Antifascist-08
04:16 PM on 05/24/2009
Exactly. This is a legal minefield and needs to be cleaned up like a toxic waste dump.

Come on, people, think about it. Obama wants to be another Bush? Is part of a big conspiracy? We know what kind of a person he is. We saw it for 2 years. Grow up and become part of the solution,not the problem.

BS, pure and simple. He is a thoughtful, intelligent person who has insights far beyond the people here who just spout simplistic answers and theories.
05:52 PM on 05/24/2009
Facts and myths about Obama's preventive detention proposal
http://www.salon.com/opinion/greenwald/2009/05/22/preventive_detention/index.html

I'll let a Constitutional lawyer in good standing to win the first Izzy Award for outstanding Journalism excellence explain it to you. Maybe you'll l-ear-n something.
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WorkingClass
07:43 PM on 05/23/2009
I agree Mammy. Obama doesn't give us much to cheer about. But, unlike Dick (five deferments) Cheney he doesn't seem hell bent on starting a shooting war with Iran. Its better than nothing.
11:21 PM on 05/23/2009
Oh yeah, like being able to choose whether you want to be stabbed or shot. Whoopee.
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zendem1
Sometimes I like to touch other people's food
07:06 PM on 05/23/2009
A president must endure the gap between what he would like, and what is possible.
07:16 PM on 05/23/2009
My, that's such a soothing platitude. Where'd ya read that- on a cereal box?
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08:05 AM on 05/24/2009
The difference between Obama and JFK who first said that words that you are now using is that the delay is being caused by Obama. JFK, in contrast, offered legislative proposals that were being delayed by Congress.

If he truly wanted to reverse the Bush policies as reflected in Bush's executive orders, he has the power to do so by issuing his own executive orders.

If someone wants to believe that Obama wants to reverse Bush's policies but that he is somehow being frustrated by Congress, that belief has to be based upon faith. That faith is not supported by any facts.

Hutchinson is right: "The painful truth in former Vice President Dick Cheney's spat with President Obama is that there are still far too many places where Obama's policy resembles Bush policy on the terrorism war."