The pace of change in Washington is already accelerating.  Less than 48 hours after President Obama was sworn in, citing the importance of the "rule of law and the rights of man" in his Inaugural Address, the nominee for the key administration post of Director of National Intelligence, Adm. Dennis C. Blair (USN ret.), cited the Rule of Law as a key value in  his confirmation hearing before the Senate Intelligence Committee.  In his remarks as reported by the New York Times on January 22, Blair stated that "he would require counterterrorism programs to operate 'in a manner consistent with our nation’s values, consistent with our Constitution and consistent with the rule of law.'” (Emphasis  supplied). In what can only be taken as indirect criticism of the practices of the NSA and the CIA under the former administration, Admiral Blair stated unequivocally: “The intelligence agencies of the United States must respect the privacy and civil liberties of the American people, and they must adhere to the rule of law,” during his hearing. 

Promising respect for the rule of law and the civil rights and liberties of American citizens, Blair made it clear that if confirmed, he would see that the conduct of the intelligence agencies was in conformity with their legal authority, would be responsive to their congressional mandates, and that he would communicate frequently to the oversight committees and as much as possible with the American people. “I do not and will not support any surveillance activities that circumvent established processes for their lawful authorization,” he is reported by the Times to have said in his testimony. “I believe in the importance of independent monitoring, including by Congress, to prevent abuses and protect civil liberties.”  Blair added, “There is a need for transparency and accountability in a mission where most work necessarily remains hidden from public view.” 

This is a welcome breath of fresh air to those Rule of Law and civil rights advocates who have been seeking to block various wiretapping and electronic surveillance activities by the NSA, as well as the detention of terror suspects abroad and the use of torture practices in the interrogation of these detainees such as water boarding by the CIA and military intelligence authorities.   Admiral Blair described torture as "not moral, legal or effective" and pledged that US intelligence activities under his direction would comply with the Geneva Conventions, the Convention Against Torture, and the US Constitution. 

This posture by an important adminsitration nominee is quite heartening for those concerned to promote the Rule of Law and government adherence to it.  Rule of Law advocates will be looking forward not only to more acknowledgements of the importance of the rule of law as a guiding spirit and policy principle of this new Administration, but also to concrete examples of its implementation.