The Obama Administration looks as if it is heading down the same destructive path as the Bush Administration when it comes to Gitmo prisoners:
Obama administration officials, fearing a battle with Congress that could stall plans to close the U.S. prison at Guantanamo Bay, are crafting language for an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations.
Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that an order, which would bypass Congress, could place the president on weaker footing before the courts and anger key supporters, the officials said.
… The other half of the cases, the officials said, present the greatest difficulty because these detainees cannot be prosecuted in federal court or military commissions. In many cases the evidence against them is classified, has been provided by foreign intelligence services or has been tainted by the Bush administration’s use of harsh interrogation techniques.
I realize that the Obama Administration is in a very difficult position. In many cases, the Bush Administration tortured and otherwise abused these people. Trying them may be impossible with that evidence — since, obviously, evidence obtained under torture is of exactly the same quality as the evidence provided in Soviet show trials. That does not excuse the Obama Administration’s rumored plans. Hilzoy says it better than I:
I also don’t envy him the politics of it. Obviously, if some released detainee commits an act of terror against the US, all hell will break loose. And the costs of that will not be purely political: people might not get health insurance, or we might be unable to act on global warming, if some released detainee decides to blow himself up in an American city. I wish that my fellow citizens were also moved by the wrongness of keeping people who might be innocent locked up without recourse, but apparently not enough of them are.
But that doesn’t make it right. Obama does not have to do this. The rule of law is one of our most basic values. It underwrites the freedoms that we go on and on about, but are apparently unwilling to risk much of anything to preserve.
Shame on him if he does this. And shame on us.
There must be another option aside from the destruction of the presumption of innocence and the Great Writ. I haven’t heard, for example, why these people cannot be held as prisoners of war. In any case, no matter how difficult it is, no matter how deeply Bush and Cheney poisoned the process, it is the Obama Administration’s responsibility to find a way out of Bush’s mess without jettisoning the rule of law.
I don’t care if the task is hard. They knew, or should have known, it would be hard going in. If they didn’t want this responsibility, they shouldn’t have taken the job.





