Semi-Partisan Politics

It appears from early reports that President Obama intends to punt on the only recommendations made by his surveillance review group that contained any real meat or hope of unpicking the harms done to the fourth amendment.

The New York Times reports:

Mr. Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.

In short, the president is determined to continue bulk collection of communications data undeterred, but is willing to play around with the details of who stores the data (the government, the telecoms companies or some kind of shadowy third party consortium), and in a grand gesture to civil libertarians he is willing to promise to actively monitor the communications of acquaintances of acquaintances of a potential suspect, rather than the current acquaintances of acquaintances of acquaintances. This gesture slightly reduces the chance of Kevin Bacon’s communications being flagged as in some way being linked by the NSA to every terrorist in the world, but is otherwise entirely meaningless.

Foot-dragging, empty gestures and a continued lack of transparency or accountability from anyone involved. So far, so predictable, perhaps.

But what I find slightly more concerning is the way in which the judiciary (at the behest of Chief Justice John Roberts) is seeking to weigh in on what ultimately is a matter of policy, as the New York Times notes:

The developments came as the nation’s judiciary waded into the highly charged debate. In a letter made public on Tuesday, a judge designated by Chief Justice John G. Roberts Jr. to express the views of the judicial branch warned that some changes under consideration would have a negative “operational impact” on a secret foreign intelligence court.

Judge John D. Bates, a former chief judge of the Foreign Intelligence Surveillance Court, urged Mr. Obama and Congress not to alter the way the court is appointed or to create an independent public advocate to argue against the Justice Department in secret proceedings. Any such advocate, he wrote, should instead be appointed only when the court decided one was needed.

Of course, there need not necessarily be anything sinister about this intervention – apparently made on the grounds that it would eat up too much of the court’s time and create excessive workload if they were required to approve all FBI requests for stored bulk records – but it does seem rather odd to me, at face value, that the judiciary is more eager to weigh in on policy proposals when there is a threat to the smooth running of their working day than they are when there is a plausible argument to be made that the government is acting beyond its constitutional authority. The Times also picks up on this:

It is highly unusual for judges to weigh in on public policy debates involving the other two branches of government, but Judge Bates, the director of the Administrative Office of the United States Court, said that Chief Justice Roberts had designated him to “act as a liaison” and that he had consulted other judges.

But again, this is early reporting with the full details of Obama’s upcoming speech and the work behind it not yet made public.

One begins to wonder why President Obama sets up these review boards or commissions, other than as a cosmetic exercise to give the appearance of open-mindedness and willingness to change course. The Bowles-Simpson debt commission forged a tough but real consensus on reforms to American taxation and spending, and was high-handedly dismissed by the administration, and now it appears that the same is about to happen when another of President Obama’s talking shops is due to report back.

Just enough to annoy the Patriot Act manics and those in the national security complex, and far too little to placate civil libertarians rightly concerned about government overreach that we would never have even been made aware of were it not for the actions of Edward Snowden.

The Obama administration’s lack of anything approaching humility or transparency, even after having been caught in the act, is depressing indeed.