It may have been awkward for Democrats who watched Obama go further, faster than George W. Bush on deportations, surveillance, assassination, and even torture, but they can finally get their groove back on in protesting Donald Trump’s use of exactly the same tools Obama has been using for the last eight years:
Even the extreme legal theories of the George W Bush administration were mild compared to some of the “compromise” positions Obama’s DoJ argued for, and now Donald J Trump gets to use those positions to further its own terrifying agenda of mass deportations, reprisals against the press, torture and assassination, and surveillance based on religious affiliation or ethnic origin.
When it came to things like closing Guantanamo, Obama argued for limits on establishing offshore black-sites and military tribunals, but refused to shut the door on them. So maybe Trump won’t be able to use Gitmo to house the people he has kidnapped by his CIA, but he can use the legal authority that Obama argued for to set up lots of other Guantanamos wherever he likes.
Likewise torture: Obama decided that it was better to move and and bury the CIA torture report, and had his DoJ block any attempt to have torture declared illegal, which would have given people opposing Trump’s torture agenda with a potent legal weapon that is now unavailable to them.
Obama argued that the president should be able to create kill lists of Americans and foreigners who could be assassinated with impunity, and argued against even judicial review of these lists.
Then there’s Obama’s war on whistleblowers — his administration invoked federal law against more whistleblowers than all the other presidents in US history, combined — and his aggressive assertion that journalists have no right to protect their confidential sources. These will be of enormous use to the Trump presidency, which has already promised to use executive powers to persecute hostile journalists who try to hold it to account.
It’s sad that partisans of the current administration can only seem to see the problems in granting the president more powers when those powers are about to be wielded by a president of the other party. A wee bit too late to repent, my friends.
