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She also endorsed Bush's bogus "unlawful enemy combatant" notion, what Boyle calls a "quasi-category to create an anti-matter universe of legal nihilism where human beings (including US citizens) can be disappeared, detained incommunicado, denied access to attorneys and regular courts, tried by kangaroo courts, executed, tortured, assassinated and subjected to numerous other manifestations of State Terrorism."
It brazenly violates fundamental constitutional protections, ones shredded post-9/11. Kagan strongly supports it and other illegal measures, including presidential power, the "unitary executive" kind under Bush and now Obama, as well as any practice fighting terrorism. Her presence further solidifies extremist High Court control.
Targeting Whisleblowers, Endangering Truth
On April 27, 1961, Jack Kennedy said:
"The very word secrecy is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighs the dangers, which are cited to justify it."
In a free and open society, principled leaking is vital to expose abuses of power and help make rhetorical democracies real ones. However, more than ever under Obama, those doing it are targeted, publicly denounced, pilloried by the media, fired if journalists, and at times arrested and prosecuted. The Obama administration has been more aggressive than his predecessors - going further than Nixon or Bush, including against Thomas Drake.
A former National Security Agency (NSA) senior executive, he was bogusly indicted on April 15, 2010 on multiple charges of "willful retention of classified information, obstruction of justice and making false statements."
Julian Assange perhaps now is threatened for revealing hundreds of thousands of diplomatic, as well as Iraq and Afghan war documents - by candidate Obama promising transparency, accountability, and reform of extremist Bush policies. Instead, he systematically hardens them, usurping surveillance powers, including warrantless wiretapping, accessing personal records, monitoring financial transactions, and tracking email, Internet and cell phone communications to gather secret evidence for prosecutions. He also claims Justice Department immunity from illegal spying suits, an interpretation no member of Congress or administration ever made, not even Bush or his Republican allies.
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