On wiretaps and drone strikes, it’s time for liberals to accept that Obama is worse than Bush

On questions of “US national security”, from wiretaps to Gitmo to drone strikes, Barack Obama has shown his thinking is even less unenlightened than that of the junior Bush. And liberals everywhere better accept that.

Barack Obama is not George W Bush,” the liberal French philosopher Bernard-Henri Lévy told me in a recent interview for al-Jazeera. “Everybody knows that.”

Until a few years ago, “everybody” included Edward Snowden. The 29-year-old former CIA technical assistant, responsible for one of the biggest intelligence leaks in US history, first considered “exposing government secrets” back in 2008, according to the Guardian, and then chose not to because “the election of Barack Obama . . . gave him hope that there would be real reforms, rendering disclosures unnecessary”.

But then the intelligence analyst, like the rest of us, “watched as Obama advanced the very policies that I thought would be reined in” and as a result he “got hardened”.

After the NSA surveillance scandal, which comes hot on the heels of allegations that the Obama administration spied extensively on the Fox News reporter James Rosen and secretly wiretapped the offices of the Associated Press, it isn’t just Snowden who has been “hardened”.

In the US, the Huffington Post splashed on an image of Obama morphing into George W Bush, an image first used on the cover of the New Statesman in 2009. The president “finds himself in Bush territory”, said the Obama-supporting Washington Post. Here in the UK, the Guardian’s Americanophile-in-chief, Jonathan Freedland, labelled the president “George W Obama”.

How times change. “In the field of counterterrorism and on the issue of executive power as a whole, Obama has distressingly begun to resemble George W Bush,” I wrote in this magazine in October 2009 under the headline “Barack W Bush”. Ten months in to the president’s first term, Obamania was still in full flow and my piece was received in liberal circles with a mix of ridicule, scorn and outrage.

Claiming that Obama was “nothing like his predecessor”, Ken Gude, vice-president of the pro-Obama Centre for American Progress, mocked me for having “unrealistic expectations” of the US president. That has been the standard defence from Obama apologists in the past five years. It’s not Barack’s fault that his “fucking retarded” critics on the left (to quote the former Obama chief of staff Rahm Emanuel), who “ought to be drugtested” (to quote the president’s former press spokesman Robert Gibbs), hold him to unfairly high standards.

I guess we shouldn’t have taken it seriously when Senator Obama claimed in 2005 that President Bush’s Patriot Act “seriously jeopardises the rights of all Americans and the ideals America stands for”. We shouldn’t have listened when he pledged to end the “illegal wiretapping of American citizens” in August 2007. We should have put our hands over our ears in November that year when we heard Candidate Obama, on the campaign trail, outlining his plan to “lead by example” on human rights and civil liberties. “That’s easy,” he said. “Close down Guantanamo. Restore habeas corpus. Say no to renditions. Say no to wireless wiretaps.”

Nor should we have expected a professor of constitutional law to respect a constitutional right to privacy (or, for that matter, a winner of the Nobel Peace Prize to opt for diplomacy over drones).

These were unrealistic expectations. We should have assumed the worst. We should have predicted that Obama would not just continue where Bush left off but – astonishingly and shamelessly – go far beyond Dubbya in several respects.

Consider the row over mass surveillance. “Any analyst at any time can target anyone,” Snowden told the Guardianon 9 June. “I, sitting at my desk, had the authority to wiretap anyone, from you or your accountant to a federal judge to even the president if I had a personal email.” On Fox News on the same day, Bush’s former NSA director Michael Hayden confirmed that the agency’s surveillance programme had indeed “expanded” under Obama, adding that “there is incredible continuity between the two presidents”.

Second, Obama authorised six times as many drone strikes in his first term in office as Bush did over two terms. Dubbya had terror suspects detained and even tortured; Barack just has them bumped off.

Third, Obama has sanctioned the extrajudicial killing – again, by drone strike – of four US citizens since 2009. Where is the liberal outcry? The Bush administration killed the Buffalo-born Kamal Derwish in 2002 – but claimed he was collateral damage and, to be fair, never claimed the legal right to assassinate Americans in the way that the Obama administration has done, with its Orwellian “kill lists” and “secret panels”.

Fourth, on war powers. Senator Obama told the Boston Globe in December 2007 that “the president does not have power under the constitution to unilaterally authorise a military attack in a situation that does not involve stopping an actual or imminent threat to the nation”. Yet President Obama took the United States into war with Libya in 2011 even though Colonel Gaddafi posed zero threat to the security of the US. Despite his imperial pretensions, Bush allowed Congress to vote on the invasions of both Iraq and Afghanistan; on Libya, Obama didn’t bother to ask.

The US president is cool, calm and mediasavvy. But presidents must be judged by their policies, not their personalities. And, seen from a liberal perspective, US national security policies aren’t pretty. Don’t take my word for it. Just think about the verdict of the former Bush press spokesman Ari Fleischer, who gleefully wrote on Twitter after Snowden’s NSA revelations: “Drone strikes. Wiretaps. Gitmo. [Obama] is carrying out Bush’s 4th term.”

Mehdi Hasan is a contributing writer for the New Statesman and the political director of the Huffington Post UK, where this article is crosspostedHis new interview series on Al Jazeera English, "Head To Head", airs on Fridays at 9pm.

Barack Obama and George W Bush at the dedication of the George W Bush Presidential Library in April 2013. Photograph: Getty Images

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

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The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

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