Obama to indefinitely imprison detainees without charges

maryf

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Sun Jan-24-10 11:12 AM
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Obama to indefinitely imprison detainees without charges

Obama to indefinitely imprison detainees without charges
By Glenn Greenwald

(updated below)

One of the most intense controversies of the Bush years was the administration's indefinite imprisoning of "War on Terror" detainees without charges of any kind. So absolute was the consensus among progressives and Democrats against this policy that a well-worn slogan was invented to object: a "legal black hole." Liberal editorial pages routinely cited the refusal to charge the detainees -- not the interrogation practices there -- in order to brand the camp a "dungeon," a "gulag," a "tropical purgatory," and a "black-hole embarrassment." As late as 2007, Democratic Senators like Pat Leahy, on the floor of the Senate, cited the due-process-free imprisonments to rail against Guantanamo as "a national disgrace, an international embarrassment to us and to our ideals, and a festering threat to our security," as well as "a legal black hole that dishonors our principles." Leahy echoed the Democratic consensus when he said:

The Administration consistently insists that these detainees pose a threat to the safety of Americans. Vice President Cheney said that the other day. If that is true, there must be credible evidence to support it. If there is such evidence, then they should prosecute these people.

Leahy also insisted that the Constitution assigns the power to regulate detentions to Congress, not the President, and thus cited Bush's refusal to seek Congressional authorization for these detentions as a prime example of Bush's abuse of executive power and shredding of the Constitution.

But all year along, Barack Obama -- even as he called for the closing of Guantanamo -- has been strongly implying that he will retain George Bush's due-process-free system by continuing to imprison detainees without charges of any kind. In his May "civil liberties" speech cynically delivered at the National Archives in front of the U.S. Constitution, Obama announced that he would seek from Congress a law authorizing and governing the President's power to imprison detainees indefinitely and without charges. But in September, the administration announced he changed his mind: rather than seek a law authorizing these detentions, he would instead simply claim that Congress already "implicitly" authorized these powers when it enacted the 2001 AUMF against Al Qaeda -- thereby, as The New York Times put it, "adopting one of the arguments advanced by the Bush administration in years of debates about detention policies."

Today, The New York Times' Charlie Savage reports:

The Obama administration has decided to continue to imprison without trials nearly 50 detainees at the Guant�namo Bay military prison in Cuba because a high-level task force has concluded that they are too difficult to prosecute but too dangerous to release, an administration official said on Thursday.

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Yesterday, prior to this decision being announced, I conducted a 20-minute interview with ACLU Exeuctive Director Anthony Romero regarding that group's newly released report on Obama's civil liberites record after the first year in office, pointedly entitled: "America Unrestored." I'll post that discussion later today. Additionally, I will have an analysis of the Supreme Court's obviously momentous decision in Citizens United -- invaliding restrictions on corporate and union election spending -- posted later.

UPDATE: Just to add some thick irony to all of this, today is the one-year anniversary of President Obama's Executive Order to close Guantanamo within one year -- an anniversary the administration decided to celebrate not by fulfilling its terms, but instead by announcing that the central feature of Guanatanamo -- indefinite detention with no charges -- will continue indefinitely.

http://www.salon.com/opinion/greenwald/2010/01/22/detention/index.html