http://www.washingtonpost.com/wp-dyn/content/article/2009/05/22/AR2009052201894.html?sub=ARObama's 'None Of the Above' Terror Policy
By Ruth Marcus
Sunday, May 24, 2009
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Indeed, the president's stumbles have been more in the execution than in policy. He risked (and lost) a congressional vote on funding to close the Guantanamo Bay prison before laying the necessary groundwork. He resisted (but only after seeming to open the door to) forming an independent commission to examine interrogation policies; this could have avoided the current distracting drip-drip-drip of information about who knew what when about waterboarding and whether it worked. He was for releasing the photos of detainee abuse before he was against it.
On the merits, though, Obama has mostly called it right. My disagreements concern, in the scheme of things, relatively minor issues -- the reaffirmation of a broad state secrets privilege and the about-face on releasing the photos -- and these are judgment calls the president made on the basis of more information, by definition, than the rest of us have.
Some of the issues that Obama dealt with in his thoughtful speech on Thursday -- how to handle closing Guantanamo, whether to release memos or photographs of abuse -- were messes left for him by the Bush administration. For example, Guantanamo would have been a perfect place to hold detainees and avoid the current outbreak of not-in-my-backyardism were it not for the fact that the Bush administration chose the base not for its remoteness but for its -- or so it thought -- lawlessness.
Had the Bush administration put in place basic elements of due process and fairness from the start, had it not been so determined to exalt executive power at the expense of coequal branches, Guantanamo would not be the toxic symbol it has become. Had the Bush administration not tainted evidence with its "enhanced interrogation techniques," perhaps more detainees -- and the most dangerous of them -- could be tried and convicted.
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More important, where Bush resisted any encroachments on executive power, Obama welcomes sharing power and responsibility. "Our goal is not to avoid a legitimate legal framework. In our constitutional system, prolonged detention should not be the decision of any one man," he said. "If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight."
That's not glitzy rhetoric cloaking the same old policy. It's smart change, dangerously overdue.