Posted on: Tuesday, November 11, 2008
COMMENTARY
Legacy of Bush term one of failed policies
By Vanessa Y. Chong
In the past eight years, our nation's Constitution has been greatly weakened. Our freedoms, our values and our international reputation have been significantly undermined by the broad and sweeping policies of the Bush administration. On Election Day, Americans indicated loud and clear that they want our country to change direction.
There is much to do when Sen. Barack Obama becomes president to restore our freedoms and values. On Day 1, President Obama can take several important actions to restore the Constitution with just the stroke of a pen:
Stop using and condoning torture. Direct the attorney general immediately after his or her confirmation to appoint outside special counsel to investigate and, if warranted, prosecute any violations of federal criminal laws prohibiting torture and abuse, not just on crimes committed in the field but also on crimes committed by civilians, of any position, in authorizing or ordering torture or abuse.
Close Guantanamo Bay Detention Facility. Charge and try detainees under criminal law in federal criminal courts or before military courts-martial or transfer them to countries where they will not be tortured or detained without charge.
End and prohibit extraordinary rendition. Order all agencies to end the transfer of persons, without judicial process, to secret overseas prisons to be detained and interrogated, including to countries that torture or abuse prisoners.
These practices are gross violations of our nation's dearest principles and a blight on America's good name. Other priorities may take more time but are no less urgent:
Spying on Americans. Warrantless and dragnet spying on Americans violates our country's most basic precepts and threatens not only our privacy but chills our First Amendment rights. Issue an executive order to ban the National Security Agency from collecting domestic or international communications of U.S. citizens and residents.
Fix the broken "watch list" system. A wide variety of watch lists are in use by our government, from the "terrorist watch list" used for travelers and visitors to this country, to financial watch lists and reporting systems that affect the financial transactions of ordinary Americans. Issue an executive order requiring such watch lists to be reviewed within three months so that innocent Americans aren't targeted. Names should be limited to only those for whom there is credible evidence of terrorist ties or activities.
Monitoring of activists. Direct the attorney general and other agencies to stop surveillance of political activists unless there is reasonable suspicion that they have committed a criminal act or are taking steps to do so.
Eliminate political games at the Justice Department. The Civil Rights Division became ineffective in enforcing civil rights laws and avoided challenging cases that could advance civil rights. The next attorney general should invigorate the investigation and litigation of cases alleging race, national origin and sex discrimination and voting rights violations. The docket of prison conditions and confinement should be rebuilt. All settlement agreements and consent decrees should be fully enforced.
Prohibit blanket DNA collection. Collection and banking of DNA samples raises extraordinary privacy and racial justice concerns. One disturbing trend, limited almost exclusively to the U.S. and United Kingdom, is to expand DNA databases to include those who have been merely arrested for a crime. Direct the attorney general to order a detailed analysis of the policy and issue regulations that limit such collection to comply with the Fourth Amendment by prohibiting taking DNA from arrestees without a warrant.
The ACLU drafted a blueprint of presidential priorities for the new administration's first 100 days, available at www.aclu.org /transition. Its call to action includes fixing vulnerabilities in Social Security databases, ending injustices against immigrants, eliminating government-funded religious discrimination, preserving diversity and free speech as media seek consolidation, honoring international law enforcement treaties, demanding academic and scientific freedom for scholars, and ending discrimination against same-sex couples.
To restore America's Constitution, President Obama must demonstrate indefatigable commitment and leadership to undo a legacy of failed domestic and international policies. We in the ACLU look forward to seeing him do just that.
Vanessa Y. Chong is executive director of the ACLU of Hawai'i. She wrote this commentary for The Advertiser.
