When Barack Obama took office, he was the civil liberties communities’ great hope. Obama, a former constitutional law professor, pledged to shutter the military prison at Guantanamo Bay, Cuba, and run a transparent and open government. But he has become a civil libertarian’s nightmare: a supposedly liberal president who instead has expanded and fortified many of the Bush administration’s worst policies, lending bipartisan support for a more intrusive and authoritarian federal government.

It started with the 9/11 attacks. Within a week, Congress, including many liberals, gave the White House blanket authority to wage a war on the terrorists. A month after that, Congress passed the USA Patriot Act, authorizing many anti-terrorism measure including expanded surveillance. By mid-November, the White House ordered creation of military tribunals to try terrorists who were not U.S. citizens.

Bush quickly expanded covert operations, creating a shadow arrest, interrogation and detention system based at Guantanamo that violated international law and evaded domestic oversight. While the Supreme Court eventually ruled that detainees have some rights, the precedent that the Constitution does not restrict how a president conducts an endless war against a stateless enemy was firmly planted. In response, groups like the American Civil Liberties Union proposed reforms the […]