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Obama Sides With Bush In Spy Case

palegray.net is one of many who writes "President Obama has publicly sided with the Bush administration on the question of whether the President should be allowed to establish warrantless wiretapping programs designed to monitor US citizens. The President has asked a federal judge to stay a ruling that would allow key evidence into the domestic spying case against the government. 'Thursday's filing by the Obama administration marked the first time it officially lodged a court document in the lawsuit asking the courts to rule on the constitutionality of the Bush administration's warrantless-eavesdropping program.'" jamie points out that Obama's views and opinions were made clear through his Senate vote and numerous public statements, but many others see this as a disappointing start to an administration promising transparency and openness.

41 of 906 comments (clear)

  1. So much for not sacrificing ideals for safety. by Kludge · · Score: 5, Insightful

    So much for not sacrificing ideals for safety.

    Asshole.

    1. Re:So much for not sacrificing ideals for safety. by bigstrat2003 · · Score: 5, Insightful

      Realistically, though, this isn't a change in what we know (or should have known, for those who didn't know this). All Obama has accomplished is shown any supporters who were still blind enough to believe him (after his Senate vote, no less) that he really doesn't support our rights like he claimed he did. His only possible excuse for his actions, that it might sabotage his campaign, has been removed, but his actions have not changed. Surprise, surprise.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    2. Re:So much for not sacrificing ideals for safety. by hobbit · · Score: 5, Insightful

      a lot of the nation is overcast today. We still have to pay to go to the doctor. Dog poo does not yet smell like peppermint.

      As someone who lives in a country with a National Health Service, it tickles me to see it sandwiched between two "impossible ideals".

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    3. Re:So much for not sacrificing ideals for safety. by happyslayer · · Score: 5, Insightful

      By temperament and voter registration, I'm a Republican; however, I voted for (and hope for) an Obama win because the path the government has taken over the last 7-8 years has saddened and disgusted me. I'm glad he won.

      But, I am not a "believer." Now that the opposing party is in charge (just like the GOP was for all those years) it's going to be hard for them to put away all those neat new toys that Bush & Co. left behind. This is because it's hard for the party on top to admit that a power or capability is too dangerous to use (dangerous as in potentially or outright abusive of Constitutional rights.)

      If there were ever a prime time to hold your government's feet to the fire over policy, now is the time to do it. Otherwise, it will be fait accompli, and we'll start hearing things from this administration (and its supporters) like, "But we're not Bush; we're better than him!"

      Just my inflation-adjusted 2 cents...

      --
      Never confuse movement with action. --Hemingway
    4. Re:So much for not sacrificing ideals for safety. by Necreia · · Score: 5, Funny

      Clearly you've not had a Dog who has eaten all the Candy Canes on a Christmas Tree.

    5. Re:So much for not sacrificing ideals for safety. by IgnoramusMaximus · · Score: 5, Insightful

      The truly ironic part of course is that such a policy ultimately leads to loss of all safety for those who try to "protect" themselves so.

    6. Re:So much for not sacrificing ideals for safety. by eth1 · · Score: 5, Insightful

      The government might as well change the national motto to "The Appearance of Safety at Any Cost."

      Fixed that for you...

    7. Re:So much for not sacrificing ideals for safety. by Rei · · Score: 5, Insightful

      Oh come on, it took an entire 3 days for a Deputy Assistant Attorney General under Alberto Gonzales who is acting Attorney General until Obama's pick is confirmed step on that promise, I think he's doing better than bush already!

      Corrected that for you.

      --
      My hand to God. Baby geese. Goslings. They were juggled.
    8. Re:So much for not sacrificing ideals for safety. by Anonymous Coward · · Score: 5, Funny

      oh you pay for it. and if you don't go to the doctor much, you probably pay more for it than you would if it was private.

      Exactly why we shouldn't allow this sort of thing in America! For that matter, when did my taxes start subsidizing wasteful government spending on things like fire departments and the army? My house is not on fire or being invaded by a foreign country, so why should I have to pay for those things?
      Obviously what we should do instead is set up multiple competing private institutions with the goal of making a profit through distributing the costs of those services across arbitrary subsets of the population while also artificially inflating those costs...duh!

    9. Re:So much for not sacrificing ideals for safety. by frieko · · Score: 5, Informative

      Actually most developed nations with universal health care pay about HALF what we do per capita. Germany tops out the list at about 75%. I can't say that nationalizing would make it cheaper, but I can't imagine it possibly getting any worse.

    10. Re:So much for not sacrificing ideals for safety. by TarrVetus · · Score: 5, Interesting

      Americans will drop $5k on a 60" hdtv, but don't want to spend a dime on doctor bills to have a baby. WTF?

      This will probably get me modded for flamebait, but...

      The developing perception is that people should not have to pay for health care--at least, they do not wish to perceive paying for it. It can be argued that a government would wish for its population to be healthy and productive, but I can make all of my other health choices for myself: I pay for what quality of food I want, buy tobacco or alcohol at my discretion, and purchase gym memberships/exercise equipment/etc. with my own money. If I want to spend less on good food for a good computer, I should be able to. I don't expect my tax money to go to a national food program which will hand me vouchers for my meals.

      When looking at the situation from that perspective, it's odd that one can choose all of those things, but expect the government to assist with or choose healthcare. If I want good healthcare, I'll save my money, and negotiate with the healthcare providers to pay them if I cannot do so right away; I have done this for expensive emergency trips to the hospital without insurance.

      Being without health insurance doesn't doom us, but it does change what we have to do. I would rather have the choice of insurance, and pay when I need healthcare, than no choice to pay for everyone's insurance and a compulsory 'safety net' for myself.

    11. Re:So much for not sacrificing ideals for safety. by Shakrai · · Score: 5, Insightful

      What's the downside again?

      Higher taxes, more governmental control over our lives and less individual freedom?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    12. Re:So much for not sacrificing ideals for safety. by assassinator42 · · Score: 5, Insightful

      It might not be a blip on your radar, but what about someone making $20k or less a year? And I don't know anyone who'd spend $5k on a 60" HDTV.

    13. Re:So much for not sacrificing ideals for safety. by element-o.p. · · Score: 5, Insightful

      That's a crock.

      As long as there are no complications, that is. When my daughter was born, she spent the first five days of her life in the NICU due to a respiratory infection. IIRC, that was around $20K after paying for the birth and related expenses.

      While most middle-class Americans can cough up $4K with a little advance planning, a surprise of an additional $20K can be a pretty heavy load.

      So, while I really hope your baby is born healthy and there are no unwelcome surprises (I wouldn't wish five days of not knowing whether or not your baby will ever get to go home on anybody), don't fool yourself into thinking that you can plan for all medical expenses by preparing a little ahead of time.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    14. Re:So much for not sacrificing ideals for safety. by Omestes · · Score: 5, Funny

      search /. and look for all the posts I've read from Canadians bitching just about how much they pay in taxes.

      Doesn't everyone bitch about taxes? I thought that was the universal principle that unites all of humanity.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    15. Re:So much for not sacrificing ideals for safety. by dwarfking · · Score: 5, Informative

      Citing Health care In Canada

      A February 28, 2006 article in The New York Times stated, "Accepting money from patients for operations they would otherwise receive free of charge in a public hospital is technically prohibited in this country, even in cases where patients would wait months or even years before receiving treatment...Canada remains the only industrialized country that outlaws privately financed purchases of core medical services."

      emphasis mine. Canadian citizens are not allowed, by law, to spend their own money to receive medical treatment if they desire to, unless of course they go across the border into the United States. Which makes sense, because

      According to a 2007 article from CTV News, the Canadian medical profession is suffering from a brain drain. The article states, "One in nine trained-in-Canada doctors is practising medicine in the United States... If Canadian-educated doctors who were born in the U.S. are excluded, the number is one in 12."

      The doctors themselves are leaving to work in the US.

    16. Re:So much for not sacrificing ideals for safety. by jo_ham · · Score: 5, Insightful

      The "long waiting lines" in the UK and Canadian health care systems are a myth perpetuated by US propaganda from certain special interest groups who desperately hope that the US system stays as it is.

      Sure, in a system that's not perfect you are going to see some waits, and it's not going to be quite as "lick your ass service" as a private healthcare clinic in the US (but really, how many Americans actually have access to that service).

      The national insurance that I pay is a tiny amount compared to my salary, and my taxes are not that much higher than the US (except VAT/Sales tax [15%], gasoline [70%] and alcohol/cigarettes [40% ish]), but we have ways to offset those costs.

      There's no way I pay 50% in taxes, compared to my income.

      The US insurance companies may try to play the "omg, free healthcare means crippling taxes for all citizens, even if you don;t get sick! Then you're paying for your friends and neighbours when they get sick and you're healthy! How unfair is that! It's totally like communism! Buy our healthcare and $400 prescriptions!"

      When a medicine taken by a patient costs $100 per month, and costs $5 in Cuba, you know there's someone paying off a loan on a 100 foot yacht, and it;s not the person taking the medicine.

    17. Re:So much for not sacrificing ideals for safety. by ogdenk · · Score: 5, Interesting

      I would take nationalized crap health care vs no healthcare any day. I'd be willing to pay 35% or so in flat income taxes with no returns.

      Insurance for my family (me, wife, 2 kids) through my employer would cost $1,200/month. I make 30k/yr. Do the math. That's half my salary BEFORE taxes. I don't qualify for Medicaid. That's with the employer paying a chunk and that's a plan with a $2,000 deductible.

      Now I've got the state putting tax levies on me because I couldn't pay for the last year on a $12,000 hernia surgery that my wife needed and my son's visit for a ruptured ear drum. They are talking about seizing my property. I make just enough to make my rent and basic utilities. I have had impacted wisdom teeth for 4 years. I need dentures as well. I drive a paid-for beat-up vehicle with 200,000 miles on it because I can't afford a car payment. My wife is unable to work due to the cost of daycare for the kids in proportion to what she'll make with little experience in the workforce.

      So if they are against people like me, an educator and a community-oriented person who goes out of their way to help people having access to health care then FUCK THEM. I deserve to live too. Just because I'm not some privileged prick or some bottom-feeder unemployed welfare case, doesn't mean I don't deserve health care too.

      In my opinion, even as a libertarian, ensuring everyone has affordable equal access to health care (via taxes if necessary) falls right in line with securing the rights of the people. The right to LIFE. Part of remaining alive means remaining healthy. Allowing hospitals to destroy my livelihood financially without even a court hearing just because I want to stay alive and no longer be in pain is the opposite of securing MY rights.

    18. Re:So much for not sacrificing ideals for safety. by Minupla · · Score: 5, Interesting

      My US born wife lives with me in Canada. When she was living down in the states, she was a retail worker who made retail worker wages. Her health insurance through her employer cost her 500$/month.

      Making some reasonable assumptions for hourly salary and assuming she was working a full 40 hrs (she usually didn't), that means she was paying 28% of her salary for health care.

      Put another way, in Canada with the same income, she'd be paying 25% for her whole income tax load. Therefore her health insurance ALONE was costing her more then her entire income tax burden in Canada. (I made the assumption she was living in an expensive province, with the highest provincial tax rate, her taxes would be lower in most other provinces).

      We just had our first daughter. The entire out of pocket cost was 300$, because we upgraded to a private room. My wife was pre-eclamptic, which meant they needed to induce. We spent 4 days in Labour and Delivery due to complications, with 24 hr specialist nursing care (they sat in our room most of the time, and were 15 seconds away when they weren't).

      After 4 days of complications the doctors recommended a C-section (our choice to do it or not), we accepted their recommendation and my wife was C-sectioned. Our daughter had a touch of Jaundice, so they wheeled a light unit into our room and we spent another 4 days in the hospital.

      My wife is of the opinion that even with good medical coverage in the states (like the package that I was offered when I looked for work down there), we'd be out of pocket probably 10K in co-pays for the whole experience (we were high risk, so there were about 10 ultrasounds, 4 cardiac exams, etc). Let me repeat that number again: 300$ out of pocket, and it would have been 0 if we hadn't decided on a private room for the last part of our stay (Labour and Delivery was private anyways, so those days don't count).

      Now in my particular case, most years, yes, I probably am a net contributor to the medical system, given my salary. I'm OK with that, knowing that someone else who goes through what we went through will have the same care I and my wife did. Being proud of my country counts for something, and I'll pay for that feeling.

      Min

      --
      On the whole, I find that I prefer Slashdot posts to twitter ones because I don't get limited to 140 chars before
  2. Hail Obama, Savior of America. by jcnnghm · · Score: 5, Funny

    Finally, change we can believe in!

    --
    You don't make the poor richer by making the rich poorer. - Winston Churchill
    1. Re:Hail Obama, Savior of America. by Slammer64 · · Score: 5, Insightful

      Finally, change we can believe in!

      Just because he promised "change" doesn't mean it'll be a "good" change!

    2. Re:Hail Obama, Savior of America. by Jeremi · · Score: 5, Insightful

      Finally, change we can believe in!

      Not to defend Obama on this particular issue, but here's a brief recap of what he's done since becoming president, 72 whole hours ago:

      1. Halted the questionable legal proceedings against people held at Guantanamo Bay
      2. Ordered the shutdown of the prison at Guantamo Bay
      3. Ordered the shutdown of CIA "black sites"
      4. Ordered the CIA to stick to the Army Field Manual for interrogation purposes (read: no more torture)
      5. Overturned Bush's order to limit release of presidential records and FOIA documentation
      6. Began diplomatic overtures to Iran
      7. Began talking to Israel, Palestine, Egypt, etc, to hasten resolution of the Israel/Palestine violence
      8. Rescinded the Mexico City "gag rule" on government aid to agencies that provide information on abortion
      9. Froze white house salaries at existing levels
      10. Passed an executive order banning ex-White House personnel from lobbying the White House until after Obama is out of office
      11. Inquired about extending the use of open source software in government

      So do these things qualify as "change"? I'd say so. Certainly none of these things would have happened with a Republican still in the White House.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
  3. Obama subscribes to the Google Motto by idontgno · · Score: 5, Funny

    "Don't be evil*"

    *for small values of "evil"

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  4. Bad summary of bad article by Reality+Master+201 · · Score: 5, Informative

    That's a very misleading way to state it. What happened, was, the Obama people asked for a stay of the Judge's motion pending appeal.

    It's not an endorsement, as you might think from the summary and linked article, of the policy. It's a procedural move.

    I'm not saying that Obama doesn't or won't back Bush's view. Just that this particular filing doesn't support that conclusion in a meaningful way.

  5. You are wrong by Anonymous Coward · · Score: 5, Funny

    Warrantless wiretaps are good now. You see, they weren't good before. But they are good now.

    Anyone who can't see that is a racist reactionary.

  6. Obama doesn't even have a DOJ yet... by Lendrick · · Score: 5, Insightful

    The fact that he asked for a stay doesn't indicate much of anything, particularly since a lot of the people at the DOJ right now are Bush appointees (you know the type) who really need to be fired ASAP. By all means, we should be making as much noise about this as possible, but it doesn't automatically mean that Obama is pro-wiretapping.

  7. Uh.. Hello! by phrackwulf · · Score: 5, Insightful

    This is so obviously FUD. The administration ordered a stay on all pending regulation and issues from the Bush Administration and this case happens to be one of them. So, what does someone looking to nail Obama do.. "oh well, they aren't immediately disavowing this terrible, terrible injustice, therefore, well they must be complicit!" Shake, stir, and toss to the usual gang of idiots on Slashdot and voila.. A major out of context brouhahah is born! Get a grip, morons.

    --
    What would Richard Feynman do, if he were here right now? He'd do some math and he'd follow through!
  8. Read the filing itself by Reality+Master+201 · · Score: 5, Informative

    The summary and the article it links to make it seem like much more of a big deal than it actually is:

    http://blog.wired.com/27bstroke6/files/alharamainobama.pdf

    It's a procedural motion for a stay pending appeal. It's not a policy endorsement, it's them looking to have the judge's ruling put on hold until appeals are over.

    That's not to say that Obama won't wind up agreeing with Bush on this, just that this particular filing doesn't actually indicate that.

  9. Same as the old boss... *literally*. by Rei · · Score: 5, Interesting

    Didn't it occur to anyone here that Obama's attorney general pick hasn't even been confirmed yet? Obama is only nominally in charge of the DOJ at this point. So who do you think it is filing these papers? Well, the names are right in the PDF, starting with Michael F. Hertz. Yes, Michael F. Hertz, Deputy Assistant Attorney General under Alberto Gonzales.

    --
    My hand to God. Baby geese. Goslings. They were juggled.
    1. Re:Same as the old boss... *literally*. by oliphaunt · · Score: 5, Interesting

      This is the answer. See Emptywheel's analysis, here, which reaches the same conclusion.

      She makes the point that the Bushies are probably stalling the Holder confirmation so that the statute of limitations can begin to run out on Bush's FISA wiretap crimes. There is a specific block of time in 2005 where the taps were illegal, between when James Comey refused to reauthorize the program and when Congress rolled over for Bushie and shafted the American people once again.

      The SoL on the criminal portion of FISA is four years, and in about seven weeks we're going to hit that four-year anniversary. So if they can keep Holder out for another few months that's one less act of treason they have to worry about.

      --




      Humpty Dumpty was pushed.
  10. Nonsense. by Jane+Q.+Public · · Score: 5, Insightful

    What is trumping is not safety at all, but fear for your safety, which is a very different thing. I challenge anyone to show that we are actually safer now than we were 8 years ago.

    Despite all the "sacrifices" that have been made regarding rights, I don't think so.

    (Note: I put "sacrifices" in quotes, because it order for someone to truly sacrifice something, it has to be given not taken.)

  11. Tell me, where is Obama's name by Rei · · Score: 5, Informative

    in this document? Does that look like his Attorney General's name to you? No, that's Deputy Assistant Attorney General Michael F. Hertz, who served under Alberto Gonzales; Obama's AG hasn't been confirmed yet.

    The US government didn't magically transform itself at the stroke of noon on Tuesday.

    --
    My hand to God. Baby geese. Goslings. They were juggled.
  12. I wouldn't be so hasty by McBeer · · Score: 5, Informative

    Obama is blocking almost every policy matter still pending from Bush. This is just one of many issues being blocked until the Obama administration can get caught up and take an official stance on it. He may well "side with Bush", but he hasn't really done so yet.

    --
    Hikery.net - The best hiking site ever. Made by yours truly.
  13. More FUD by Sta7ic · · Score: 5, Insightful

    I think it's unfair to react knee-jerk to this and denounce the new President. He's been there for three whole days and is probably still learning where all the conference rooms and restrooms are. Jumping into the middle of an ongoing court case and having the lawyers completely overhaul the strategy that they've been working on for months or years would be one of the easiest ways to throw a monkey wrench into existing operations without having a full grasp of the entirety of the issue.

    Give him six months, and THEN give him hell for supporting warrantless [and unconstitutional] wiretaps.

  14. Re:So? by LandDolphin · · Score: 5, Funny

    It's like a choose you own adventure post

    --
    Spelling and Grammar errors have been added to this post for your enjoyment
  15. Re:Give it time by vux984 · · Score: 5, Insightful

    I can't imagine any valid reason for spying on our citizens without a warrant, personally. Or interfering with justice for those who had been violated. Maybe it exists, but I find that hard to believe.

    Read the PDF that the Obama administration actually filed before drawing any conclusions here.

    The PDF they filed is simply an argument over the mundane details of court procedure, the rules of evidence, which court should see the appeal, etc.

    Granted it has the effect of bolstering Bush's defense, but so what?

    If the police try to get evidence admitted on a child molester, but there is a problem with the evidence, and Obama shows up and says, well the child molester is arguing that the evidence can't be admitted and our legal analysis concludes the same thing... what then?

    Obama is siding with child molestors? Get fucking real. As destestable as child molestors and warrantless government surveillance is, the rule of law protecting them should be observed.

    This blog article is just bad journalism.

    As of right now, progress is nil. He did some good things so far, but this is a really bad thing. Net gain: none.

    Agreeing with Bush's interpretation of the law isn't a really bad thing, especially if that's what the laws say. Ask a lawyer, not a blogger to determine whether its bad or not. And if the law itself is the problem, ask that he change it so that in future we can do better, but don't ask him to break it just to prosecute Bush.

  16. Re:So? by staryc · · Score: 5, Funny

    It's a personal choice, and people like to sugar coat the truth or say "it's not your fault," but if you're obese, its YOUR fault and YOU need to get your diet under control.

    These are the same people that probably sugar coat the truth and then eat it.

    --
    The most perfidious way of harming a cause consists of defending it deliberately with faulty arguments. - Nietzche
  17. Has it ever occurred to any of you... by almitchell · · Score: 5, Insightful

    ...that maybe, just maybe, Obama did this because when he finally got to the throne he learned the reasons this made it out there in the first place? That maybe, just maybe, there might be something, or some reason, that the mighty Slashdotters don't know? That when he sat down with everyone, he sat back and said "Oh, gee whiz, I hadn't realized that was why Bush & Co. did that. now I get it. Hmm. Maybe I shouldn't screw with it."

    --
    Baseless self confidence kills more people each year than bathtubs.
  18. Re:So? by Anonymous Coward · · Score: 5, Insightful

    Until that happens, I'm not going to support national health care.

    You're already supporting national health care. It's just not universal health care. The US government spends more per capita on health care than many countries, including Canada. But instead of putting money into the pockets of doctors, you're putting money into the pockets of insurance company shareholders.

  19. Mod parent up by fyoder · · Score: 5, Insightful

    The blinders that rich people in the US use to not see the large percentage of the population which isn't well off are are amazing. There are a shitload of people for whom a 60" HDTV is just not an option, and for whom lack of health care insurance is a real hardship.

    --
    Loose lips lose spit.
  20. Re:So? by Anonymous Coward · · Score: 5, Interesting

    no: then you are a hypocrite

    False. It's the sort of thing that only works if everyone does it. This relates to the concept of cooperative play in game theory, and one of the reasons why we have an evolutionary drive towards tribalism.

    Think of it this way. Let's say five of us have access to a fishery. It can indefinitely support each of us catching one fish per week. If any of us overfish it, however, then the fishery goes dry (i.e. runs out of fish) and is permanently destroyed.

    We understand that this is the case, and would like to keep it indefinitely. Are we just going to restrict ourselves out of own volition? Of course not; it doesn't work. All it takes is one guy to decide to overfish it, and the fishery is destroyed. In fact, you know of several people who will overfish it unless they are stopped.

    So are you a hypocrite if you overfish it? Not at all. It's going to be destroyed by your neighbors; you may as well take what you can.

    The only way this can work is if we ALL agree to band together: should anyone step out of line, the rest of us have to punish that person. In tribal times, this would simply be violence or death; nowadays it's prison or a fine. With this system, we can work together, and the fishery can be sustained indefinitely.

    You can see in this example why you have such a wide range of base instincts and why they are so useful. This is why people are altruistic; it is necessary for this scenario to happen. This is why these same people are vengeful; possibility (or certainty) of revenge or punishment is a strong disincentive towards taking advantage of someone.

    As an aside note, this is *exactly* how wildlife regulations currently work in the civilized world. You have an allotment of fish or mammals you are allowed to fish or hunt; if you poach, you get a fine or prison.

    Like your 'donations' scheme, it only works if everyone does it. I'm not going to donate to health care in a two tier system when a negligible percentage of the population does it. It won't make a difference and I'm wasting my money.

    If you haven't guessed, I am Canadian, and I like the system we have here. I am never sick, but I am more than happy to pay my share, because everyone does. We are a better country for it.