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This report examines the Obama administration’s record to date on a range of national security policies that implicate human rights and civil liberties.
It concludes that the administration has taken positive steps and made genuine progress in some areas. Perhaps most notably, the administration’s release of Justice Department memoranda that purported to authorize the Bush administration’s torture regime, as well as a CIA report describing how even those lax limits were exceeded, evinced a commitment to transparency of truly historic significance, and the administration deserves high praise for making those critical documents available for public scrutiny. Regrettably, in a pattern that has repeated itself throughout the administration’s first eighteen months, a significant achievement was followed by a step back: the administration reversed its decision to comply with a court decision ordering the release of photos depicting the abuse of prisoners in Iraq and Afghanistan, and it supported legislation granting the Secretary of Defense unprecedented authority to conceal evidence of misconduct.
Similarly, the administration’s admirable commitment to dismantle the Guantánamo prison has been undermined by its unwillingness to dismantle the legal architecture of the Bush-era detention regime: the Obama administration has continued to assert the authority to detain militarily, without charge or trial, Guantánamo detainees (and others) captured far from any conventional battlefield, and there is a genuine danger that the administration will close the prison but enshrine the principle of widespread military detention without trial. Equally disappointing,
the administration’s unequivocal prohibition against torture has been fundamentally weakened by its continuation of the Bush administration’s efforts to stymie meaningful accountability: the administration has adopted the same sweeping theory of “state secrets” to prevent torture victims from seeking justice and compensation in U.S. courts, and the President himself has publicly opposed criminal investigations of the architects of the torture regime.<...>
In his first days in office, President Obama unambiguously rejected this legacy. In an executive order, President Obama categorically disavowed torture and directed that all prisoners in U.S. custody be afforded the protection of Common Article 3 of the Geneva Conventions (in compliance with the Supreme Court’s 2006 ruling in Hamdan v. Rumsfeld); that all interrogations of prisoners in U.S. custody conform to the Army Field Manual; that the CIA close its secret prisons and that the International Committee of the Red Cross be promptly notified of any person detained by the United States.10 When the administration released the Bush administration’s torture memos in April 2009, the Justice Department withdrew all of the legal memos that had undergirded the Bush administration’s torture program,11 and in a public statement President Obama declared:
I prohibited the use of these interrogation techniques by the United States because they undermine our moral authority and do not make us safer. Enlisting our values in the protection of our people makes us stronger and more secure. A democracy as resilient as ours must reject the false choice between our security and our ideals, and that is why these methods of interrogation
are already a thing of the past.12
The decision to dismantle the Bush administration’s torture program was a crucial one, not just for the United States but for the world. President Obama deserves credit for the decision, and for his vigorous defense of it. But while the administration has disavowed torture, it has made little effort to hold accountable those who authorized it. In recent years, many other countries—including some of America’s closest allies, like the United Kingdom, Germany, Spain, and Canada—have begun to examine their responsibility for the abuse and torture of prisoners in U.S. custody. The United States is increasingly isolated in its unwillingness to investigate the roots of the torture program, its refusal to compensate torture survivors, and its failure to hold accountable the senior government officials who authorized interrogators to use torture.
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PDF of the ACLU July 2010 ReportFailing to try the Bush administration is not continuing Bush's torture policies.