Under these circumstances, anyone who accepts at face value the assurance of government lawyers that laws such as the Patriot Act and NDAA will conform to the Constitution and not walk all over one's civil rights should, as the old saying goes, have their head examined.
What we have in the Hedges v. Obama case is yet another very bad precedent. As Judge Forrest had pointed out, "Courts must safeguard core constitutional rights." The 2nd Circuit Appeals Court, clearly not applying the principle of caveat emptor (let the buyer beware) to this situation, has sold out that obligation for a handful of dubious promises. Recent history provides no confidence that such promises are given in good faith. No, it is bad faith we are witnessing here. The government lawyers should hang their heads in shame for obviously undermining the Constitution they are sworn to uphold. It just goes to show there are always those, be they soldiers, police, or lawyers who will simply follow orders no matter what the consequences.
Toward the end of this whole unseemly process someone pointed out that President Obama has consistently asserted that he is against the indefinite detention of U.S. citizens even though his Justice Department has always supported keeping the detention clause of NDAA in place and operative. Maybe the president is simply playing a double game and lying to the voters. Lying is certainly part of the politician's toolbox.
On the other hand, maybe Obama is conflicted but dwells in an environment where it is politically "necessary" to be seen as a tough guy, lest the Republican warmongers gain an edge. How much difference does it really make? As it stands now, in terms of civil liberties there is not much "daylight" between Obama's practice and the past behavior of neoconservative vulgarians such as George W. Bush. "If it swims like a duck, then it probably is a duck."
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