Obama’s first 100 Days: rhetoric loftier than actions

As President Obama hits the 100-day mark, it’s time to take stock.

Many of Obama’s words have been inspiring. His rhetoric represents a relief to those who watched with horror as the Bush administration systematically dismantled the U.S. Constitution and ignored international human rights standards.

Yet in many areas of critical importance — like human rights, torture, rendition, secrecy and surveillance — his words have been loftier than his actions.

On Obama’s very first day in office, his administration ordered a 120-day suspension of the military commissions for Guantanamo detainees. The commissions were widely assailed for allowing evidence obtained through coercion and torture, secret evidence and hearsay evidence, all in violation of the U.S. Constitution. But Obama did not abolish the military commissions; he only hit the “pause” button.

The new president’s most dramatic moment came on day three when he issued executive orders to close Guantanamo’s prison camp within one year. But Guantanamo isn’t yet closed. The hundreds of men held there still haven’t won their freedom nor will they necessarily have their day in fair court. Another year for men who have been held in abusive and inhuman conditions for seven years already is simply too long.

Secrecy was the hallmark of the Bush administration. It classified more documents than any administration in history, restricted Freedom of Information Act requests and tried to protect government officials and military contractors from being held liable for illegal actions, like torture and wrongful death. It invoked the state secrets privilege to avoid scrutiny in court and responsibility for government action more times than any other administration.

Obama has come down on both sides of this issue, ordering far more transparency through cooperation with Freedom of Information Act requests, while at the same time invoking state secrets in a case charging an aviation corporation with complicity in rendering a detainee to torture.

The U.S. government used to need a warrant before it could spy on its own people. In 2002, President Bush issued a secret executive order illegally authorizing the National Security Agency to wiretap Americans without a warrant. When the program was exposed, the administration secured immunity from Congress for the telecommunications companies that participated in the program. Obama still has not repudiated the executive orders supporting warrantless wiretapping and the legal opinions used to support them.

Most recently, in the wake of his welcome release of the infamous torture memos prepared by Bush administration lawyers, Obama has indicated he will not prosecute former officials who broke the law and committed crimes, saying he would rather look forward than back. For there to be no consequences for creating a torture program not only calls our system of justice into question, it also allows the nightmare to happen all over again.

After the Sept.11 attacks, Bush quickly squandered the world’s enormous goodwill towards the United States. The goodwill Obama has inspired can evaporate if the rest of the world begins to see his administration continuing too many of Bush’s policies.

Vince Warren is the executive director of the Center for Constitutional Rights. He can be reached at pmproj [at] progressive [dot] org.