Yet, beginning in his first month in office and continuing through today, Obama not only continued many of the most extreme executive-power policies he once condemned, but in many cases strengthened and extended them. His administration detained terrorism suspects without due process, proposed new frameworks to keep them locked up without trial, targeted thousands of individuals (including a U.S. citizen) for execution by drone, invoked secrecy doctrines to shield torture and eavesdropping programs from judicial review, and covertly expanded the nation’s mass electronic surveillance.
Blinded by the belief that Obama was too benevolent and benign to abuse his office, and drowning in partisan loyalties at the expense of political principles, Democrats consecrated this framework with their acquiescence and, often, their explicit approval. This is the unrestrained set of powers Trump will inherit. The president-elect frightens them, so they are now alarmed. But if they want to know whom to blame, they should look in the mirror.
Obama’s approach to executive power flipped so quickly and diametrically that it is impossible to say if he ever believed his campaign-era professions of restraint. As early as May 2009, Jack Goldsmith, a Justice Department official under George W. Bush, celebrated Obama’s abandonment of his promises to rein in these authorities, writing that “the new administration has copied most of the Bush program, has expanded some of it, and has narrowed only a bit.” He added that the “Obama practices will be much closer to late Bush practices than almost anyone expected in January 2009.”