Trump and the Dangers of Secret Law | Common Dreams | Breaking News & Views for the Progressive Community
President-elect Trump has disdained the rule of law when it comes to
national security, vowing to reinstitute torture and suggesting that the
military should target terrorists’ families. In response, President
Obama recently released a report describing the legal and policy
framework for United States military operations. The idea is simple: If
the rules are made public, it will be easier to hold the Trump
administration accountable for violations—or to spot when the rules have
changed.
Obama is undoubtedly correct in calculating that legal transparency
will help safeguard the rule of law. But his initiative begs the
question: why stop at military operations?
Since the attacks of 9/11, every area of national security policy has
increasingly been regulated by secret law. For instance, much of the
authority to conduct mass surveillance, and the limits that apply, are
set forth in classified orders of the Foreign Intelligence Surveillance
Court (or “FISA Court”). In 2013, Edward Snowden revealed that this
court had secretly interpreted the Patriot Act to allow the collection
of nearly every American’s phone records.
Donald Trump will soon inherit the secret laws generated under the Bush and Obama administrations. (Photo: ThinkStock)
