Rendition, Justice and the American Way…. (Extract from Research Paper)

The election of Barack Hussein Obama was equated to a political ablution, designed to purge the electorate of the policies that had so offended the world for the past eight years. Yet whilst the overriding sentiments of anti-Americanism have clearly subsided, this has had little to do with a change in policy. Obama may well be the world’s president of choice, but Obama has not expressly repudiated Dick Cheney’s view of the world. Indeed, Kenneth Roth, the executive director of Human Rights Watch has denounced the Obama Administration for adopting policies that “mimic the Bush Administration’s abusive approach.” American Civil Liberties Union attorney Ben Wizner has lamented that Obama “has chosen to continue the Bush administration practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course.”

President Obama may have signed an executive order banning enhanced interrogation techniques, but his administration reaffirmed the rendition program, a move deemed to be ‘Extremely disappointing,’ according to the ACLU. The high rhetoric of Obama’s campaign, his inaugural address and first orders indicated a new direction for US foreign policy, but while this initially appeared to be the case, ‘there are a growing number of reasons to suspect that Obama will not be quite as liberal on these matters as his rhetoric might have suggested, his supporters might have hoped, or Dick Cheney might have feared.’ Indeed, all indications are that the Obama administration will try to find a middle road that will protect civil liberties without leaving the nation defenceless. The political risk is that it will leave Obama, as Clinton was before, fending off criticism from both the left and the right, for doing too little to change and for doing too much.

It is the former vice president who has done much to criticise the new administration. This is perhaps, not surprising since Obama ‘was elected partly to cleanse the temple of the Cheney stain, and in his campaign speeches he promised to reverse Cheney’s efforts to seize power for the White House in the war on terror.’ The reality, however, is not one of radical change, but rather of degrees. There have been more predator drone attacks in the first years of Obama’s presidency than under Bush; the detention centre at Guantanamo Bay remains open as of September 2010. Jeffrey Smith, a former CIA general counsel who has been consulted by the new administration on these issues, says the change on rendition “is not a seismic shift in policy. Rather, it is that the United States will send individuals to other states, and, if those states have a questionable record on human rights, then we will not only seek assurances as we have in the past, but that we will be more rigorous on following up on those assurances.” It’s change you can believe in, just not the sort that many wanted.

It remains too much for Cheney, of course. Speaking at the American Enterprise Institute, he accused the new Administration of making “the American people less safe” by banning brutal C.I.A. interrogations of terrorism suspects that had been sanctioned by the Bush Administration. Ruling out such interrogations “is unwise in the extreme,” Cheney charged. “It is recklessness cloaked in righteousness.” It would be wrong, however, to imagine that this White House is staffed by, or under the guided by, those with an extreme liberal ideology. Many are from the tough political machine of Chicago politics, whilst others have returned to the White House having served as New Democrats under Clinton.

A prime example is DCI Leon Panetta. As the former Chief of Staff who brought a modicum of discipline to the Clinton White House, Panetta had a reputation as a leg breaker. When asked about Rendition at his confirmation hearing, he noted that suspects would no longer be kidnapped, sent overseas and tortured. However, he added, ‘Renditions where we return an individual to the jurisdiction of another country, and then they exercise their right to try that individual and to prosecute him under their laws-I think that is an appropriate use of rendition.’ Clearly the Obama administration has chosen to return to a public stance on rendition that is akin to the previous model exercised by the Clinton White House, where it began, ‘in a more carefully monitored form,’ before being ‘transformed into what John Radsan, former C.I.A. lawyer, called “an abomination.”’ Panetta says the Obama Administration will take precautions to ensure that rendered suspects are treated humanely; “I’ve talked to the State Department, and our people have to make very sure that people won’t be mistreated.” The Obama administration will sharply restrict “extraordinary renditions” in which the United States sends terrorism suspects to foreign countries for detention and interrogation. Of course, the Bush Administration professed to be taking similar precautions.

These issues raise serious questions pertaining to the American sense of mission and of exceptionalism. It is hard to ascertain how they do anything but undermine such aspirations. Obama entered the Oval Office with great hopes and aspirations and with the expectation of world opinion. It is hard to see how much of this remain intact on the world stage with so few major alterations from the Bush Strategy, regardless of stated intent. This is not necessarily Obama’s fault. As president, there is, paradoxically, only so much that he can do, but the world expects so much more. There is in addition the two great double standards at work: The double standard to which great nations are always held, of either interfering too much or not often enough; and the contradictory nature of American foreign policy, of oscillating between imperial designs and latent isolationism. Solving these dilemmas will not be rectified anytime soon.