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Where's That Change We Can Believe In?

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June 16, 2010

, host Jon Stewart called President Obama out on his flip-flopped positions on national security policies that Candidate Obama rejected during his presidential campaign.

Revisiting moments from the campaign trail, The Daily Show reminds us when, in November of 2007, then-Senator Obama stated: 鈥淕uant谩namo 鈥 that鈥檚 easy 鈥 close down Guant谩namo, restore habeas corpus, say no to renditions鈥︹ He went on to state, 鈥淧art of my job as the next President is to break the fever of fear that has been exploited by this administration.鈥

In reality, the Obama administration has continued, and in some cases expanded Bush administration national security policies that are inconsistent with basic human rights and liberties guaranteed under the Constitution.

And Jon Stewart isn鈥檛 the only one taking notice.

Editorials that appear in and today assert strong positions on the Obama administration鈥檚 mishandling of two particular cases.

As we told you earlier this week, the Supreme Court announced that it would not hear the case of extraordinary rendition and torture victim, Maher Arar, a Canadian who was apprehended during a layover at JFK and subsequently sent to Syria for over 10 months where he was confined in an underground grave-like cell and tortured. The Times writes:

The Supreme Court鈥檚 refusal to consider the claims of Maher Arar, an innocent Canadian who was sent to Syria to be tortured in 2002, was a bitterly disappointing abdication of its duty to hold officials accountable for illegal acts. The Bush administration sent Mr. Arar to outsourced torment, but it was the Obama administration that urged this course of inaction鈥mazingly, Mr. Obama鈥檚 acting solicitor general, Neal Katyal, the Supreme Court not to take the case, arguing in part that the court should not investigate the communications between the United States and other countries because it might damage diplomatic relations and affect national security鈥 The Supreme Court鈥檚 action was disgraceful, but it had stepped away twice before from cases of torture victims. There is no excuse for the Obama administration鈥檚 conduct. It should demonstrate some moral authority by helping Canada鈥檚 investigation, apologizing to Mr. Arar and writing him a check.

on the case of Mohamed Mohamed Hassan Odaini, a 26-year-old Yemeni who was captured in Pakistan in 2002 and has been detained at Guant谩namo ever since. The editorial, entitled, 鈥淢eet one Gitmo inmate who can't be described as 'the worst of the worst'鈥 reports on a court order made public last week in Odaini鈥檚 case in which Judge Kennedy of the U.S. District Court for the District of Columbia writes that the government has "kept a young man from Yemen in detention in Cuba from age eighteen to age twenty-six鈥hey have prevented him from seeing his family and denied him the opportunity to complete his studies and embark on a career. The evidence before the Court shows that holding Odaini in custody at such great cost to him has done nothing to make the United States more secure.鈥 Ultimately, the court found no evidence tying Odaini to Al Qaeda, 鈥渆mphatically鈥 concluding that Odaini be release. The Post writes:

Yet Mr. Odaini may not soon see freedom. The Obama administration stopped all detainee transfers to Yemen after the attempted Christmas Day bombing of a U.S. airliner by a man who received terrorist training in Yemen. This freeze generally is sensible, given that the Yemeni government is probably incapable of keeping tabs on detainees who do pose a risk. But the administration should consider making an exception for Mr. Odaini, a young man from what is believed to be a good family and whose only crime was being in the wrong place at the wrong time. Alternatively, officials should do everything in their power to find a suitable third country. Whatever the approach, the administration must correct this injustice.

As Jon Stewart reminded us, it was Candidate Obama who once said: 鈥淣o more ignoring the law when it鈥檚 inconvenient. That is not who we are...We will again set an example for the world that the law is not subject to the whims of stubborn rulers, and that justice is not arbitrary.鈥

We couldn鈥檛 have said it better ourselves.

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