A Great Start to Restoring the Rule of Law

Just hours after his historic inauguration, President Obama has made history again, by signing executive orders that undo, with the stroke of a pen, some of the Bush Administration's worst mistakes. President Obama is off to a great start on restoring the rule of law, and he's giving the country the fresh start we desperately need after the last eight years.

President Obama has rejected the policies of the last administration, both in his words and in his actions. In short order, he has signed orders to close Guantanamo, suspend the military commission system, subject all interrogations to the guidelines in the Army Field Manual, end long-term CIA detentions, require humane treatment of detainees consistent with the Geneva Conventions, and guarantee the International Committee of the Red Cross access to all prisoners held by the U.S. government, and announced a return to the presumption of FOIA disclosure under the Clinton administration. That is a breathtaking list, and the beginning of change that is long overdue.

The new President's quick actions to end both excessive secrecy and flawed detention and interrogation policies are very encouraging. I have long opposed the Bush administration's policies in these areas. As chair of the Senate's Constitution Subcommittee, I held a hearing shining a light on the secret laws that last administration created - keeping OLC opinions under lock and key, for instance - and called for a major overhaul of these policies. I also held a hearing in September 2008 on restoring the rule of law, at which John Podesta and others testified about what changes should be made by a new administration. In December, I wrote then President-elect Obama urging him to take these and other vital steps to restore the rule of law. I applaud his quick action on these issues. It's a great sign of his commitment to working on the other issues that still need to be addressed, from the separation of powers to domestic surveillance and privacy.

But what the President has done so far is a critical break with the past. Finally, U.S. detentions will be in compliance with international law, and we will shut down Guantanamo Bay, which has done so much to undermine our reputation around the world and our ability to gain broader support for our efforts to defeat al Qaeda. Finally, we will put an end to the so called "enhanced interrogation techniques" that go against our values, and damage our national security. Finally, we will begin to end the excessive government secrecy that fed the culture of lawlessness in the last administration.

One of the phrases you hear a lot in Washington, DC, is "the devil is in the details," and that is certainly true with respect to many of these issues, especially the closing of Guantanamo. Under the new orders, detainees will essentially be categorized into 3 groups: (1) those to release or transfer to other countries, (2) those to prosecute in civilian or military courts, and (3) those we can't release but can't try. An interagency panel, led by the Attorney General, will make these determinations based on an individualized review of each detainee and will determine lawful means for dealing with individuals in the third category, consistent with the national security and foreign policy interests of the United States and the interests of justice. I will closely follow how the third category of detainees is handled in the months ahead. Following up on the implementation of all these actions is important, as is working with the President on returning to the rule of law in other areas.

But for today, we can take a moment to recognize the steps the President has already taken, and what they represent. For years now, we've been stuck in reverse, with an administration that rolled back decades of progress on issues like humane treatment of detainees and government secrecy. But President Obama has shown us how we can begin a new way forward, and how we can strengthen our national security without undermining our ideals. On Tuesday we witnessed history, and now we are witnessing fundamental change -- change we should welcome, and that we must also build on to restore the rule of law in our country.

Comments

[realpolitic]

One of my greatest disappointments is that Obama does not seem inclined to investigate the Bush torture policies and other illegalities. President Obama campaigned on the promise he would. He has reversed many of the worst Bush policies, but America will never find its way until we have some kind of Truth and Reconciliation Commission to go after policy makers.

[neosoul]

I must say you’ve brought a smile to my face today and I will take a moment to revel and enjoy. Thanks for the update senator, hearing from our political leaders is important. I hope you start a trend here at the Huffington Post.

However there's so much to be done and as a concerned citizen of the USA I do have to ask; do you have any details about what the president and his administration plans to do with regards to Iraq and Afghanistan?

Looking forward to hearing from you soon.
:-)

[dianhow]

We must investigate and prosecute ANYONE who broke our laws. Nothing else will do. Otherwise it gives cover to future crooks.

[Acommonguy]

Does the "anyone" you refer to include Tim Geithner? I find it hard to believe that Russ believes this administration is returning to the rule of law when it insists on nominating a man who by his own admission violated our laws, even though it was "unintentional" right!

[idest]

Which is worse, making a mistake on your tax returns (who hasn't done this?) or violating the Geneva Conventions? Hmmm...

[somsoc]

Russ, as always, refreshingly correct and to the point. Let the war crimes tribunals for our own war criminals begin with the investigations of Bush, Cheney, Gonzales, Rumsfield, and the CIA.

[harveyr2]

What has been "achieved" is PR.

Anyone who believes that enemy combatants will be housed in the US and afforded the rights of a criminal, or even a federal trial, is delusional.

[realpolitic]

How about Karl Rove? Is he not an enemy combatant?

[TWV]

There's been talk that President Obama will not pursue an investigation into possible criminal activities undertaken by our government over the past 8 years for the sake of unity and because he wants to look forward. As a criminal defense attorney, if I suggested such rational for not pursuing prosecution of an average citizen believed to have committed a crime, I would be laughed out of court. If the rule of law is to mean anything, it has to be applied to all citizens alike. Those in power, charged with the passage and execution of our laws, must be held to the same standards, if not higher, as the average citizen. When our government becomes the law breaker, it diminishes respect for our country and any rationale for why average citizens should care about adhering to the law. If a renewed and better America is to become a reality, then it has to be accompanied by the willingness to follow the truth wherever it may lead and the commitment that justice be done though the heavens fall. Investigations into the misdeeds of the past 8 years may reveal Democrats with hands stained by the blood of silence in the face of knowledge of these wrongdoings . A prime motivation for not engaging in a thorough legal investigation. A guilty Democrat is no less reprehensible than a guilty Republican, and if we are to have our hope of America renewed, we need to put what is right over position or party

[dogwatch]

TWV, I vote that you get to file the charges against all of them, prosecute them all, and then be appointed to defend them all. This would sort of be consistent with how they acted with the power given to them by those who voted them into office. Insular would best describe these criminals. Then, when they are convicted, Guantanamo is their new home.

[yankeeairpirate]

It seems that the al-Qaeda's leadership needs a boogey-man just as well as the Bush Administration needed a boogey-man in al-Qaeda. They have to keep their minions and trolls stirred up as well......

[kkayralene]

What we now need to do is dismantle the NSA apparatus that has spied on everyone illegally. From the connection to Homeland Security to our local sniffing, Bush lap dogs in our local governments. These affiliations must be outed and criminalized, or all the transparency in the world is for naught. We need to support reporters like Obermann who is working hard on these criminal activities and close the door on these absolutely inhumane privacy violatins.

[macohmz]

I no longer believe in the 2-party system. Just going by the imagery, I like Obama but I think the damage done by 8 years of Bush-Republican vandalism can't be repaired. The only thing left as far as I'm concerned is prosecution of Bush-Cheney for murder and theft. After that, wave good-bye to America.

[weatherwaxx]

Yeah, well -- most Americans would probably rather the country not just dissolve into a mass of anarchy. You got any useful suggestions, bud?

[somsoc]

prosecute all neo-cons?

[realpolitic]

Prosecuting Bush means the country descends to anarchy? I think not. If we survived the eight years of Bush, we can survive anything!

[IGNSTHMD]

Clarity and truth and justi... oh wait that's what he said

[dianhow]

Goodbye to America you say / I say NEVER. We have survived worse things than the likes of Bush / Cheney and CO. We will survive this as well. No -Obama can not fix all- but he can do alot to put us back on the right track. He has had a great start already- in his 1st few days. Yes I would love to see Cheney and Bush investigated, but it may not happen. Stay informed and involved-thats the only way to protect our future from further erosion. Our kids & grandkids deserve that.

[Yermammy]

Sorry, Russ, but a GREAT start would be punishing those that strayed from the Rule of Law IN THE FIRST PLACE.
There's never EVER been a crime in the HISTORY OF MAN where a judge didn't have to rule on a crime of the PAST, so this mindless droning about it happened way back when and let's move on is ludicrous and insulting to anyone with two brain cells to rub together. This isn't vengeance or "left wing score settling", but justice and reparation for what this country's lost during their campaign of shredding the Constitution. Somebody better wake up in Washington, because the World is watching (and so is the International Red Cross and the United Nations).
Thanks a million for being a hold out and Patriot on this despicable FISA bill we suffer now, Senator. You should be very proud, because WE are.

[Cogitoe]

The author claim, "President Obama has shown us how we can .... strengthen our national security without undermining our ideals."

Well, I think we all hope his changes work and most of us support the changes, but certainly it has not yet been SHOWN that these changes will strengthen our national security.

There appears to be a growing assumption among supporters and the media that Obama actions in themselves represent proof of success for whatever goals such actions are directed. Just forget those devilish details.

[weatherwaxx]

The fact that Obama won the elction, and has, in one week, begun to dismantle the Bush apparatus, is proof that the system can be repaired.

We don't know anything more for certain yet, but we all knew it was going to take more than 4 1/2 days.

[dphilip]

With all due respect Obama has not shown us anything yet except that he is a brilliant campaigner.
Here is one point you can not argue against, Obama's policies will make it less complicated for terrorist to operate,
It is amazing, while Obama is intent on minimizing the Second Amendment rights of law abiding Americans, he is aggressively working to protect the questionable right of terrorists......quite rich..

[Yermammy]

Not quite as rich as you coming to a PROGRESSIVE LIBERAL DEMOCRATIC WEBSITE to spout off conservative, rightwing talking points...
Now THAT'S rich! :)

[JHancock]

The wingdings get tired of preaching to their choir of hallelujahtrons. What is really weird is how they actually believe the nonsense they spew.

[cbyers]

Ah, an obvious subscriber to the NRA newsletter... As your favorite radio host likes to say, don't drink the kool aid. And, yes, I can argue that Obama is making it harder for terrorists to operate. Terrorist organizations frantic actions to paint Obama like Bush are unsuccessful , hurting recruitment and fundraising. BTW, protecting rights of detainees is the way to win the war by improving America's image rather than winning the battle by killing people who don't like us.

[IGNSTHMD]

Who was talking about human rights, and why do they got to be questionable I mean isn't that kind of misleading, you know, with there not being a precidence for how to arreign international criminals. kinda sounds like when you say questionable you're suggesting the illegitamacy of their "rights" is implied. And what do you know about how terrorists operate I mean if you're CIA shouldn't you be anti-terrorising or something. And please would you provide some context, I'm sorry I just don't know the 2nd ammendment off the top... yeah

[idest]

Obama makes it harder for terrorists to operate just by being President. He dries up their support and ability to recruit new terrorists like Bounty dries up water. Bush, on the other hand, did exactly what would help al-Qaeda the most, so consistently that it made me wonder if they were in cahoots.

[janeInCA]

Those who can be released, where ever they are, can any charity organization provide them a hut, a wife, and a responsible job?

[BlueStateMan]

"a wife"????

[Yermammy]

Jane must think this is Australia. 1800's Australia.

[weatherwaxx]

You volunteering for the position of 'wife,' Jane?

[TylerMontreal]

The Closing Argument: The 16 or so terrorists who have returned to the "battlefield" were released from an OPEN Gitmo. If anything, it would be more difficult to justify the continued holding of dangerous and potentially dangerous persons in a facility of such terrible reputation as Gitmo. Now that Gitmo has been ordered to shutdown, those detainees that have and haven't yet committed an act of terror against the U.S. can be transferred to fully-secured military facilities with standard prison care for the foreseeable future.

[disintaGreatNation]

I am very grateful for the actions of Pres. Obama to bring the U.S. into compliance with international human rights law.
Now, the Senate needs to do its part. The Senate attached eviscerating reservations, understandings, and declarations to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention). These reduced to insignificance our human rights obligations under the Torture Convention.
The U.S. needs to eliminate reservations, understandings, and declarations on the Torture Convention and other human rights instruments.