I was going to write a blog post about how the Obama administration appears to be adopting the prior administration’s positions with respect to the illegal warrantless wiretapping conducted by the Bush White House, but Glenn Greenwald at Salon.com beat me to it, and as usual does a better and more thorough job of it than I would.

I suppose I shouldn’t be too shocked. Much to my disappointment, Obama did vote for the FISA “extension” last year that expanded the government’s wiretapping ability and exhonerated the telecommunications companies that violated existing law with respect to wiretapping following 9/11. So why should it surprise me that he wants to hang on to at least some of that power that Bush seized for the executive branch?

But it does upset me. I expect better from Obama than we got from Bush. Perhaps that’s naive. Differences (and there are many) aside, Obama is a politician, just like Bush. Why would he want to give up power?

The Al-Haramain case may well be, as Greenwald says, “the only remaining case against the Government with any real chance of resulting in a judicial ruling on the legality of Bush’s NSA warrantless eavesdropping program.” From the perspective of all who care about constitutional rights, that is reason enough to want it to move forward.

So why is the Obama administration trying to shut it down?

jane doe

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