Wednesday, December 28, 2011

Rick Santorum Gets Something Right

Yesterday, Talking Points Memo's Livewire noted that former Senator and current candidate for the Republican nomination for President Rick Santorum said Pres. Obama "is against both free markets and the founders' idea of individual liberty." One tends to scoff when Santorum speaks, yet on the latter point, he does have something right.

In the recently passed Authorization Act for the Department of Defense, FY 2012, Section 1301, subsections (a) and (b) have received some attention, albeit too late for people to actually do anything about it.
Sec 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR THE USE OF MILITARY FORCE.

(a) IN GENERAL.-Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) COVERED PERSONS.-A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
In essence, Congress has given blanket authority to the President to arrest and detain anyone, anywhere, who may have, in some way or other that is never defined, supported not only the terrorist attacks ten years ago, but ongoing terrorist activities.

Sounds like Pres. Obama isn't too fond of freedom to me.

Back in September, Jonathan Turley, writing in The Los Angeles Times, made the point even more bluntly:
One man is primarily responsible for the disappearance of civil liberties from the national debate, and he is Barack Obama. While many are reluctant to admit it, Obama has proved a disaster not just for specific civil liberties but the civil liberties cause in the United States.
Turley revises and extends a tad:
President Obama not only retained the controversial Bush policies, he expanded on them. The earliest, and most startling, move came quickly. Soon after his election, various military and political figures reported that Obama reportedly promised Bush officials in private that no one would be investigated or prosecuted for torture. In his first year, Obama made good on that promise, announcing that no CIA employee would be prosecuted for torture. Later, his administration refused to prosecute any of the Bush officials responsible for ordering or justifying the program and embraced the "just following orders" defense for other officials, the very defense rejected by the United States at the Nuremberg trials after World War II.

Obama failed to close Guantanamo Bay as promised. He continued warrantless surveillance and military tribunals that denied defendants basic rights. He asserted the right to kill U.S. citizens he views as terrorists. His administration has fought to block dozens of public-interest lawsuits challenging privacy violations and presidential abuses.
While I'm pretty sure Rick Santorum doesn't give a fart in a tornado for civil liberties, he did manage to trip over the truth despite his ongoing efforts to be the most risible of an admittedly risible bunch.

Those who argue that, somehow, electing a Republican candidate will make things worse haven't been paying attention. Obama's signature on the Defense Authorization Bill, not even fighting to get this section removed, is just the latest in a series of blows against civil liberties. It is difficult to imagine a President actually expanding the policies of the Bush Administration, but Obama has achieved that with relish. Yet one more reason to refrain granting him my vote next November.

Virtual Tin Cup

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