Like many of his supporters, I was more than disappointed when Obama, through his “Justice” Department, took a legal position in favor of unlimited presidential power to wiretap. It was a sad day for the country, and we on the left have put principle over person by loudly disapproving.
Today, Eric Holder and his department took a giant step toward removing those quote marks around the word Justice by releasing more torture memos. This is doubly satisfying. It was the right thing to do, and by doing it Obama and Holder gave a fairly pronounced middle finger to the Republicans who have been holding up Justice Department nominees in order to blackmail the Administration into keeping the memos secret.
Speaking of those terrible legal positions that Obama has been taking, a tiny voice inside me, which I unfortunately don’t and can’t believe, is whispering that just maybe the Administration is taking those extreme positions in the hope that they will be shot down by the courts, who will be anxious to prevent a Democrat from doing what they were willing to overlook (or delay stopping) in a Republican. Once a precedent is set, even our present Supreme Court might apply it to the next George Bush to come along. It’ true, after all, that restraint on Obama’s part does nothing to prevent future transgressions, nor would it set a precedent if he just unilaterally withdrew from the legal fray. Only a court can issue a final judgment. So, that’s my fantasy, but I’m afraid it’s only that. On the other hand, it’s not necessary that Obama intend that result, we will probably end up with it anyway. There is simply no way that this Supreme Court is going to give Obama the green light to wiretap anyone he wants. Busy maybe, Obama never.
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