I vividly recall the first time I realized just how mindlessly and uncritically supportive of President Obama many Democrats were willing to be. In April 2009, two federal courts, in a lawsuit brought by the ACLU, ruled that the Freedom of Information Act (FOIA) required the Pentagon to disclose dozens of graphic photos it possessed showing abuse of detainees in Iraq and Afghanistan. The Obama administration announced that, rather than contest or appeal those rulings, they would comply with the court orders and release all the photos. The ACLU praised that decision: "the fact that the Obama administration opted not to seek further review is a sign that it is committed to more transparency."
This decision instantly turned into a major political controversy. Bush-era neocons, led by Bill Kristol and Liz Cheney, excoriated Obama, arguing that release of the photos would endanger American troops and depict the US in a negative light; Cheney expressly accused Obama of "siding with the terrorists" by acquiescing to the ruling.
But then -- just two weeks later -- Obama completely reversed himself, announcing that he would do everything possible to block the court order and prevent it from taking effect. ABC News described Obama's decision as "a complete 180." More amazingly still, Obama adopted the exact arguments that Bill Kristol and Liz Cheney were making over the prior two weeks to attack him specifically and transparency generally.
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For the past 10 years, I was a litigator in NYC specializing in First Amendment challenges, civil rights cases, and corporate and securities fraud matters. I am the author of the New York Times
Best-Selling book, How Would A Patriot
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