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Government secrecy should not continue unchecked

Staff Editorial

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Published: Tuesday, February 10, 2009

Updated: Tuesday, February 10, 2009

We can’t believe it.

President Barack Obama campaigned on a platform of open government, harshly criticizing Bush for his administration’s policy of sticking its fingers in its ears, closing its eyes and muttering nonsense when asked about programs like rendition of terror suspects and the goings-on at Guantanamo Bay.

As reported in the New York Times, at his confirmation hearing, new Attorney General Eric Holder said he would “review significant pending cases in which the (Department of Justice) has invoked the state secrets privilege” and work to make sure it was only used when legally appropriate.

Yes, the belief in a better future was secure and strong – but, hold on, where’s that promised change?

Rome wasn’t built in a day; strides have been made in the right direction, and we appreciate these efforts. However, when it comes to government accountability and the right of the American public to review its actions, there is no such thing as patience.
During a hearing in San Francisco in front of the United States Court of Appeals for the Ninth Circuit, government lawyer Douglas Letter invoked the state secrets privilege so misused by the previous administration.

The case in question was a lawsuit on behalf of Guantanamo Bay detainee Binyan Mohammad and four other alleged victims of the CIA’s “extraordinary rendition” program. The Obama DOJ argued, as did Bush for eight years, that the case should not be allowed to continue because the evidence involved would be harmful to national security.

The American Civil Liberties Union is representing Mohammad and the others; Executive Director Anthony Romero released a statement criticizing the administration’s position.
“This is not change,” he said. “This is definitely more of the same... If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.”

We couldn’t agree more.

There’s a reason freedom of speech was the first liberty enshrined in the Bill of Rights: Information is power. And while no one wants to put the U.S. at risk from external forces, we run an even greater threat if we allow our internal forces to operate unchecked.

If widespread publication of the evidence in question is as dangerous as the new administration claims, then perhaps full disclosure to the public is not the wisest course. And indeed, the ACLU acknowledges this possibility. They merely ask that the classified information be shared with the respective judges. Otherwise, five men – guilty or innocent – may not see justice.

And that is not change we can believe in, nor will we as Americans tolerate the “same-old, same-old” any longer.

opinion@dailynebraskan.com

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