It was announced yesterday that this very same James Comey - who as Bush's Deputy Attorney General authorized the once-very-controversial, patently illegal Bush NSA eavesdropping program - is President Obama's choice to be the new Director of the FBI.
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It is true that Comey was at the center of a dramatic Bush-era political controversy that earned him praise from many Bush critics, including me. Comey was one of the Bush DOJ lawyers who, along with Ashcroft, Goldsmith, and FBI Director Robert Mueller, had threatened to resign if Bush did not modify the NSA program in order to make it legal in Comey's eyes, and he then went to the hospital where Ashcroft was quite ill to prevent then-White House counsel Alberto Gonzales and then-White House chief of staff Andy Card from bullying the infirm and barely cogent Attorney General into signing off on the legality of the NSA program.
In other words, there was something the NSA was doing for years - that we still don't know -
even more extreme than the illegal NSA program revealed by the NYT in 2005. It was Comey, along with Ashcroft, Mueller, and Goldsmith, who threatened to resign if it did not stop, and they deserve credit for that. But the reason they didn't end up resigning was because Bush officials "modified" that NSA program into something those lawyers could and did endorse: the still-illegal, still-radical NSA eavesdropping program that spied on the communications of Americans without warrants and in violation of the law.
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Then there's Comey's mixed and quite murky role in authorizing Bush's torture program. Internal DOJ emails released to the New York Times in 2009 show Comey expressing serious reservations, and even objections, to the willingness of Albert Gonzales to legally authorize any interrogation techniques the White House wanted, and he warned those officials that their involvement would be condemned by history. But even as he did so, Comey, as the New York Times explained, eventually, albeit reluctantly, gave his legal approval to those techniques.
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But this is exactly where the Obama administration has taken us. Comey will run the FBI alongside Obama's chief of the CIA, John Brennan, who spent the Bush years advocating multiple torture techniques and rendition. The Agent of Change reaches deep into the bowels of the Bush National Security State and empowers them to run two of the most powerful agencies. Then again, the Bush NSA program is hardly controversial in the Age of Obama: it was Obama who first voted to immunize the telecoms from all legal liability for their illegal participation in that program, then the Obama DOJ succeeded in having all lawsuits over that program dismissed on secrecy and immunity grounds, and then Obama himself succeeded in first enacting and then renewing the law that legalized most aspects of that Bush NSA eavesdropping program.
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The politician elected on a pledge of Change and Restoration of Our Values now routinely empowers exactly those Washington officials who championed the policies against which he railed.
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Indeed, when the Bush administration declared [American citizen Jose] Padilla to be an "enemy combatant" and thus removed him from the civilian court system and imprisoned him without charges, Comey was the US Attorney in New York, where Padilla's case was contested. He then became a leading advocate for Bush's denial of the most basic due process to this US citizen.
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If you had told progressives in 2008 that the Bush lawyer who approved the NSA program would be named by Obama as the FBI Director, they would scoff in disbelief. Now they'll cheer.
That is what has changed.
Glenn Greenwald
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