President Barack Obama instructed Justice Department attorneys to argue last week in San Francisco before Federal District Judge Vaughn Walker, that he must toss out the Electronic Frontier Foundation's Shubert v. Bush lawsuit challenging the secret state's driftnet surveillance of Americans' electronic communications.
This latest move by the administration follows a pattern replicated countless times by Obama since assuming the presidency in January: denounce the lawless behavior of his Oval Office predecessor while continuing, even expanding, the reach of unaccountable security agencies that subvert constitutional guarantees barring "unreasonable searches and seizures." EFF senior staff attorney Kevin Bankston wrote:
In a Court filing late Friday night, the Obama Administration attempted to dress up in new clothes its embrace of one of the worst Bush Administration positions--that courts cannot be allowed to review the National Security Agency's massive, well-documented program of warrantless surveillance. In doing so it demonstrated that it will not willingly set limits on its own power and reinforced the need for Congress to step in and reform the so-called 'state secrets' privilege. (Kevin Bankston, "As Congress Considers State Secrets Reform, Obama Admin Tries to Shut Down Yet Another Warrantless Wiretapping Lawsuit," Electronic Frontier Foundation, November 2, 2009)