Those who like and believe-in Barack Obama hypothesize endlessly about his unfolding record of continuing and even extending a large fraction of Bush’s right-wing policies:
— pressure from entrenched interests
— lack of support from Congress
— the safety of the American people is his #1 priority
— economic constraints
— and so on.
At one time I was among those who attributed that behavior to spineless in the face of pressure. No longer. I’ve no come to realize that he is yet another center-right jerk, but one who can do an amazing impersonation of an empathetic progressive. Here’s but one piece of evidence.
On Thursday, the Supreme Court, in a 5-4 decision (.pdf), ruled that convicted criminals have no constitutional right to access the state’s evidence in order to subject it to DNA tests which could prove their innocence. Two lower courts, a district court and the Ninth Circuit, had ruled there was such a right. In reversing those rulings, the Court’s majority was composed of its conservative Justices (Roberts (who wrote the opinion), Scalia, Alito, Thomas, and Kennedy).
[...]
The Obama DOJ aggressively argued before the Court that convicted criminals have no constitutional right to access evidence for DNA analysis. Indeed, its decision to embrace this extreme Bush position caused much controversy and anger back in February.
Indeed, the Obama DOJ rejected explicit requests from defendants rights advocates to repudiate the Bush position. Instead, the Obama DOJ announced that Deputy Solicitor General Neal Katyal would make his debut appearance before the Supreme Court in that capacity advocating the Bush position (and that’s what then happened):
The solicitor general’s office has turned down a request by the Innocence Project to disavow a Bush Administration stance on prisoners’ access to DNA evidence in post-conviction proceedings. As a result, on March 2, Neal Katyal will make his debut as deputy solicitor general by arguing before the Supreme Court in support of the state of Alaska’s view that prisoners have no constitutional right to obtain DNA evidence that might help them prove their innocence — even if the prisoners pay for the DNA testing themselves. . . .
The point is that there is no wealthy and/or entrenched interest pushing to deny prisoners the possible opportunity to prove their innocense. In fact, Obama himself once sponsored legislation giving that right in the Illinois legislature. But now the first case that Obama’s Solicitor General’s Office argued before the Supreme Court managed to shoot that right down. I claim that effort illustrates who Obama now is.



9 Comments







Was there ever any question of who he really is? Not in my mind.
What does he have to gain doing this? Leaving innocent people in jail????
I was shocked by this! The innocence Project has exonerated so many people through the use of DNA testing. Prisoners who have been on Death Row for 22 years, convicted for a crime which they did not commit were freed. Men who had died in Prison were posthumously cleared, after they were convicted on eyewitness testimony by the victim! They are trying to protect the sham of “infallibility” of America’s two tiered system of “Justice”. This ruling irrefutably demonstrates to the entire world that justice doesn’t enter into the equation in the US. Despite proof that innocent people have been executed and imprisoned, the callous and brutal Third Branch in collusion with the Executive proves that there will be no justice in this Country. After all, For Profit Prisons are a growth industry, as are the probation fees-income the States and Municipalities desperately need, and halfway houses are money makers, as well. Capitalism shall rule! The Healthcare debate has amply demonstrated what DC thinks of the people. “We need more police” – Max Baucus
wow. thanks wigwam.
i don’t know what obama thinks or what motivates him, but i can see some of what he does. and i sure don’t like what i’m seeing.
Since 2006, you and I have been trying to figure out the Democrats. Is it pressure? Is this what they think the voters really want in spite of the polls saying otherwise? Or is this who they really are?
If it is pressure, then from whom: APIAC, Wall Street, the insurance industry, the military-industrial complex? Or is there blackmail involved? Or extortion?
The one group that Obama now seems to be standing up to a little bit, and least rhetorically, is AIPAC. To almost all other interests, he has been sending out the message that the status shall be quo and this boat shall not rock. “Don’t listen to what I say; watch what I do.”
He took a sharp right turn immediately following the primaries, and then turned farther right following the election. His transition team was composed entirely of insiders, and for example he had to be talked out of putting a war-crimes advocate in charge of the CIA. On even the smallest detail he has gone out of his way to make no waves.
Some will quibble that “he stopped the torture.” Nonsense, at most he suspended it, and that was because the torture itself was making waves. Consider him the great wave queller. “Can’t give convicts access to their DNA on which they were convicted, ’cause that might embarrass upset some prosecutors.” Those prosecutors need to know tha their boat shall not be rocked.
Now might you, Obama doesn’t shy away from a fight. He mixed it up pretty putting through the supplemental. But note that if the supplemental hadn’t passed, the status would not be quo. The boat would have rocked.
So, now let’s see whether he shows the same effort and effectiveness on behalf of real healthcare reform, which would rock quite a few boats. Polls show that the people want it. And, Robert Reich is doing his level best to get Obama to come out of his corner on this one:
– http://tpmcafe.talkingpointsme…..?ref=fpblg
– http://www.pbs.org/moyers/jour…..ofile.html
It’ll be interesting to see if Reich has any effect.
In any case, I cannot figure out what he is trying to accomplish and/or how he hopes to accomplish it with the right-of-center team that he has assembled.
maybe a clue
Out here in the Middle where the Center’s on the Right…
To further illustrate Obama’s determination to make no meaningful reforms, note that he has taken heat from both the NYT and the WSJ for punting on reform of the credit and bond rating agencies that were at the heart of the subprime mortgage collapse:
– http://www.nytimes.com/2009/06…..038;st=nyt
– http://online.wsj.com/article/…..inion_main
selise’ reminder notwithstanding, with all the ‘expertise’ that Obama brings to governance, I think this is a case of just putting his faith (perhaps catastrophically) in the wrong people.
That said, the curious lack of transparency he has shown on some other issues may make a liar or a fool out of me for that supposition. But I think he just doesn’t know jack about the economy.