I've already posted what looked like good news about Obama's future plans on various constitutional issues; now here's some bad news, via Glenn Greenwald:
It's just a fact that there are all sorts of people close to Obama who have enabled those Bush policies and who are mobilizing now and attempting to ensure that nothing meaningful occurs in these areas. It simply is noteworthy of comment and cause for concern -- though far from conclusive about what Obama will do -- that Obama's transition chief for intelligence policy, John Brennan, was an ardent supporter of torture and one of the most emphatic advocates of FISA expansions and telecom immunity. It would be foolish in the extreme to ignore that and to just adopt the attitude that we should all wait quietly with our hands politely folded for the new President to unveil his decisions before deciding that we should speak up or do anything.
There is an ongoing argument between Greenwald and John Cole over what Cole says is criticism of Obama over things he hasn't done yet. Cole says, in essence, back off and wait to see what he actually does. Greenwald responds that he is willing to do so, but that doesn't mean we should ignore disturbing signs or fail to bring public pressure to bear to avoid bad decisions.
I'm with Glenn here. I've already written at some length about these issues and noted both positive and negative facts that might give a clue to how Obama will act on a wide range of issues. This is important to do, I think, because the groundwork is now being laid for future decisions. The question of who has Obama's ear and what they may whisper in it is an important one. And the fact that he brings in people like Brennan is disturbing, though as Greenwald notes, it doesn't necessarily tell us what Obama is going to do once in power.
But it is important that we not take the attitude of "well now there's a new guy in power, so all that bad stuff is going to stop." While I didn't vote for Obama, I did root for him over McCain, largely on the hope that he will take serious action to reverse the constitutional degradation imposed by Bush over the last 8 years. And I intend to hold him accountable for that in whatever small way I can once he is in power.
Glenn Greenwald sums up perfectly why we can't just trust the Democrats to fix everything now:
It is worth remembering that the Democrats who are going to exert dominant political control are the same ones who have provoked so much scorn -- rightfully so -- over the last several years, and particularly since 2006. This is the same Democratic Party leadership which funded the Iraq War without conditions (and voted to authorize it in the first place); massively expanded the President's warrantless eavesdropping powers; immunized lawbreaking telecoms; enacted the Patriot Act and then renewed it with virtually no changes; didn't even bother to mount a filibuster to stop the Military Commissions Act; refrained from pursuing any meaningful investigations of Bush lawbreaking; confirmed every last extremist Bush nominee, from Michael McConnell to Michael Mukasey; acquiesced to even the worst and most lawless Bush policies when they were briefed on them; and on and on and on. None of that has changed. That is still who they are.
Mark Benjamin, in another Salon article, points to hopeful signs that Obama may appoint a commission to investigate the Bush administrations authorization and practice of torture. This is a hopeful sign. The appointment of John Brennan to oversee the transition on intelligence issues is quite the opposite. Like Greenwald, I'm willing to wait and see what Obama actually does before opening fire, but once he is in power we absolutely must keep the pressure on to not just end the policies of the Bush administration but to take serious steps to prevent them from happening again in the future.
Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 
Comments
Ardent? Was he really?
http://andrewsullivan.theatlantic.com/the_daily_dish/2008/11/hmmm.html
Posted by: pough | November 18, 2008 9:51 AM
Harper's Magazine's Scott Horton reports that Judge Wald, a retired American federal appellate court judge who was one of the war crimes tribunal judges for Yugoslavia had this to say:
http://www.harpers.org/archive/2008/11/hbc-90003859
President Ford failed his country when he refused to criminally prosecute President Nixon; his pardon led to a succession of presidential actions within a paradigm the President stands above the law. Failing to do the same with the Bush Administration could yield far worse implications in the generations to come.
Will Obama and the Democrats walk the talk or like the GOP, merely talk the talk?
Posted by: Michael Heath | November 18, 2008 9:57 AM
"President Ford failed his country when he refused to criminally prosecute President Nixon; his pardon led to a succession of presidential actions within a paradigm the President stands above the law. Failing to do the same with the Bush Administration could yield far worse implications in the generations to come.
Will Obama and the Democrats walk the talk or like the GOP, merely talk the talk?"
This is key. Faith in our justice system stands on the premise that it applies to all of us. I'm not sure we can take another round of blanket pardons for a corrupt administration.
Posted by: Rick R | November 18, 2008 10:57 AM
Pough:
You missed the follow up, which Sullivan also linked to:
http://www.salon.com/opinion/greenwald/2008/11/16/brennan/
Brennan repeatedly defended extraordinary rendition and the use of torture. The fact that he says things like "the dark side" has its limits does not absolve him of those statements.
Posted by: Ed Brayton | November 18, 2008 11:17 AM
No discussion of US torture and its origins in high places would be complete without a link to the powerful documentary Torturing Democracy, which can be viewed online along with a transcript and key documents.
If Obama fails to act, that leaves the US open to further humiliation if and when other signatories to the Geneva Conventions indict our incumbent Decidership for its undeniable appalling and obscene crimes against all humanity - which still continue.
Posted by: Pierce R. Butler | November 18, 2008 12:59 PM
You're right; I did miss the follow-up. I don't read Sullivan regularly, but I did happen to read that original post and then this post of yours twigged my memory so I looked that one up. And after reading more, I'm thinking he's both and neither ardent and anti-torture. If I had to guess, I'd say he's far closer to anti-torture than someone like Cheney, but willing to toe the party line. Maybe. Hard to say if he found it all uncomfortable then (and is now lamenting his poor decision) or now (and is pretending that he was kinda sorta against it).
Posted by: pough | November 18, 2008 2:47 PM
But if not Brennan, who? The entire senior leadership of the intelligence community is complicit in our use of torture, so it could be hard to find someone qualified who isn't tainted.
Posted by: WScott | November 18, 2008 7:10 PM