ADVICE+DISSENT:Intelligence File Measure of Change

President Obama follows in the footsteps of Bush-era policies.

President Obama follows in the footsteps of Bush-era policies.

"As for our common defense, we reject as false the choice between our safety and our ideals." That declaration in President Obama's inaugural address was meant to put some distance between the policies of his administration and those of his predecessor. But nearly six months into the 44th president's term, how many of George W. Bush's most controversial counterterrorism and intelligence tactics has the new commander-in-chief changed?

Not many. While Obama has eschewed the more bellicose rhetoric of the Bush years, replacing the term "global war on terror" with the euphemistically superior "overseas contingency operations," Bush policies remain either in effect, unresolved or at the ready.

Obama has adhered most closely to Bush's program of electronic surveillance of terrorism suspects. For years, the Bush administration conducted that intelligence gathering outside the purview of a special court set up to grant surveillance warrants. As a senator, Obama opposed changes to law that would have brought the surveillance process under court review, but still effectively legalized much of what the Bush administration had done. But as the 2008 election drew nearer, Obama changed his stance. He eventually voted for expanded authorities and for legal immunity for any companies that assisted with post-Sept. 11 surveillance. Even after news reports in April revealed that the National Security Agency had collected information beyond what was allowed by law, Obama gave no signal that he'd stop massive surveillance or seek to change the law. Indeed, his attorney general, Eric Holder, reportedly made adjustments to keep the program in line and then asked a federal judge to recertify it.

Terrorist "rendition," the practice of capturing suspects and depositing them with other governments, is also still on the table for Obama. Indeed, his administration has assessed rendition as a valuable tool, despite the fact the CIA has sent innocent people to countries that use torture as a regular interrogation tactic.

To that point, shutting down prisons, on Obama's second full day in office he ordered the U.S.-run facility in Guantanamo Bay, Cuba, closed within one year. That might prove easy enough. But deciding the fate of the more than 200 people held there hardly is. Obama convened a special panel to figure out how to deal with them-through the courts, perhaps, or by handing the suspects over to other countries. But make no mistake. If the government cannot come up with a way to process the detainees, they simply will be incarcerated in another place, possibly the United States.

Finally, no Bush policies have inspired more passionate debate than interrogation. The Obama administration has said the use of certain techniques such as suffocation by water, better known as waterboarding, was torture. Obama has banned waterboarding and other so-called enhanced interrogation techniques. Then he established a panel to review whether the tactics that are allowed, and that are enumerated in the Army Field Manual, are sufficient for dealing with suspected terrorists in custody. The CIA director also has said publicly that if he felt the only way to extract intelligence about a pending attack was to use harsh interrogation techniques on a prisoner, he would not hesitate to ask the president for permission.

In assessing the measure of change from Bush to Obama, it's worth remembering a broad truth: Presidents usually don't give up their authorities willingly. Obama has not bucked that trend. In that sense, he's not just acting like Bush. He's acting like the president.

Shane Harris, a staff correspondent for National Journal, wrote about intelligence and technology at Government Executive for five years.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.