We were able to hold it off with George Bush. The idea that we might find ourselves fighting with the Obama administration over these powers is really stunning." -- Unnamed and dismayed human rights advocate, on legalizing indefinite detention of alleged terrorists, New York Times, May 21
WASHINGTON -- If hypocrisy is the homage that vice pays to virtue, then the flip-flops on previously denounced anti-terror measures are the homage that Barack Obama pays to George Bush. Within 125 days, Obama has adopted with only minor modifications huge swaths of the entire, allegedly lawless Bush program.
The latest flip-flop is the restoration of military tribunals. During the 2008 campaign, Obama denounced them repeatedly, calling them an "enormous failure." Obama suspended them upon his swearing in. Now they're back.
Of course, Obama will never admit in word what he's doing in deed. As in his rhetorically brilliant national-security speech on Thursday claiming to have undone Bush's moral travesties, the military commissions flip-flop is accompanied by the usual Obama three-step: (a) excoriate the Bush policy, (b) ostentatiously unveil cosmetic changes, (c) adopt the Bush policy.
Cosmetic changes such as Obama's declaration that "we will give detainees greater latitude in selecting their own counsel." Laughable. High-toned liberal law firms are climbing over each other for the frisson of representing these miscreants in court.
What about disallowing evidence received under coercive interrogation? Hardly new, notes former prosecutor Andrew McCarthy. Under the existing rules, military judges have that authority, and exercised it under the Bush administration to dismiss charges against al-Qaeda operative Mohammed al-Qahtani on precisely those grounds.
On Guantanamo, it's Obama's fellow Democrats who have suddenly discovered the wisdom of Bush's choice. In open rebellion against Obama's pledge to shut it down, the Senate voted 90 to 6 to reject appropriating a single penny until the president explains where he intends to put the inmates. Sen. James Webb, the de facto Democratic authority on national defense, wants the closing to be put on hold. And on Tuesday, Democratic Senate Majority Leader Harry Reid said, no Gitmo inmates on American soil -- not even in American jails.
That doesn't leave a lot of places. The home countries won't take them. Europe is recalcitrant. Saint Helena needs refurbishing. Elba didn't work out too well the first time. And Devil's Island is now a tourist destination. Gitmo is starting to look good again.
Observers of all political stripes are stunned by how much of the Bush national security agenda is being adopted by this new Democratic government. Victor Davis Hanson (National Review) offers a partial list: "The Patriot Act, wiretaps, e-mail intercepts, military tribunals, Predator drone attacks, Iraq (i.e. slowing the withdrawal), Afghanistan (i.e. the surge) -- and now Guantanamo."
Jack Goldsmith (The New Republic) adds: rendition -- turning over terrorists seized abroad to foreign countries; state secrets -- claiming them in court to quash legal proceedings on rendition and other erstwhile barbarisms; and the denial of habeas corpus -- to detainees in Afghanistan's Bagram prison, indistinguishable logically and morally from Guantanamo.
What does it all mean? Democratic hypocrisy and demagoguery? Sure, but in Washington, opportunism and cynicism are hardly news.
There is something much larger at play -- an undeniable, irresistible national interest that, in the end, beyond the cheap politics, asserts itself. The urgencies and necessities of the actual post-9/11 world, as opposed to the fanciful world of the opposition politician, present a rather narrow range of acceptable alternatives.
Among them: reviving the tradition of military tribunals, used historically by George Washington, Andrew Jackson, Winfield Scott, Abraham Lincoln, Arthur MacArthur and Franklin Roosevelt. And inventing Guantanamo -- accessible, secure, offshore and nicely symbolic (the tradition of island exile for those outside the pale of civilization is a venerable one) -- a quite brilliant choice for the placement of terrorists, some of whom, the Bush administration immediately understood, would have to be detained without trial in a war that could be endless.
The genius of democracy is that the rotation of power forces the opposition to come to its senses when it takes over. When the new guys, brought to power by popular will, then adopt the policies of the old guys, a national consensus is forged and a new legitimacy established.
That's happening before our eyes. The Bush policies in the war on terror won't have to await vindication by historians. Obama is doing it day by day. His denials mean nothing. Look at his deeds.
http://www.realclearpolitics.com/articles/2009/05/22/obama_vindicates_bush.html
But where's the outrage from the lemmings at these measures they supposedly found so morally deplorable? No DNN sound bites, Greenday songs or Russel Brand wise cracks to send them into a frenzy. The vast majority don't have a glue. At least some leftiest are starting wise up
MIAMI — We expected broken promises. But the gap between the soaring expectations that accompanied Barack Obama’s inauguration and his wretched performance is the broadest such chasm in recent historical memory. This guy makes Bill Clinton look like a paragon of integrity and follow-through.
From health care to torture to the economy to war, Obama has reneged on pledges real and implied. So timid and so owned is he that he trembles in fear of offending, of all things, the government of Turkey. Obama has officially reneged on his campaign promise to acknowledge the Armenian genocide. When a president doesn’t have the nerve to annoy the Turks, why does he bother to show up for work in the morning?
I refer here to Obama’s plan for “preventive detentions.” If a cop or other government official thinks you might want to commit a crime someday, you could be held in “prolonged detention.” Reports in U.S. state-controlled media imply that Obama’s shocking new policy would only apply to Islamic terrorists (or, in this case, wannabe Islamic terrorists, and also kinda-sorta-maybe-thinking-about-terrorism dudes). As if that made it OK.
In practice, Obama wants to let government goons snatch you, me and anyone else they deem annoying off the street.
Preventive detention is the classic defining characteristic of a military dictatorship. Because dictatorial regimes rely on fear rather than consensus, their priority is self-preservation rather than improving their people’s lives. They worry obsessively over the one thing they can’t control, what George Orwell called “thoughtcrime” — contempt for rulers that might someday translate to direct action.
Locking up people who haven’t done anything wrong is worse than un-American and a violent attack on the most basic principles of Western jurisprudence. It is contrary to the most essential notion of human decency. That anyone has ever been subjected to “preventive detention” is an outrage. That the president of the United States, a man who won an election because he promised to elevate our moral and political discourse, would even entertain such a revolting idea offends the idea of civilization itself.
Obama is cute. He is charming. But there is something rotten inside him. Unlike the Republicans who backed George W. Bush, I won’t follow a terrible leader just because I voted for him. Obama has revealed himself. He is a monster, and he should remove himself from power.
“Prolonged detention,” reported The New York Times, would be inflicted upon “terrorism suspects who cannot be tried.”
“Cannot be tried.” Interesting choice of words.
Any “terrorism suspect” (can you be a suspect if you haven’t been charged with a crime?) can be tried. Anyone can be tried for anything. At this writing, a Somali child is sitting in a prison in New York, charged with piracy in the Indian Ocean, where the U.S. has no jurisdiction. Anyone can be tried.
What they mean, of course, is that the hundreds of men and boys languishing at Guantánamo and the thousands of “detainees” the Obama administration anticipates kidnapping in the future cannot be convicted. As in the old Soviet Union, putting enemies of the state on trial isn’t enough. The game has to be fixed. Conviction has to be a foregone conclusion.
Why is it, exactly, that some prisoners “cannot be tried”?
The Old Grey Lady explains why Obama wants this “entirely new chapter in American law” in a boring little sentence buried a couple of paragraphs past the jump and a couple of hundred words down page A16: “Yet another question is what to do with the most problematic group of Guantánamo detainees: those who pose a national security threat but cannot be prosecuted, either for lack of evidence or because evidence is tainted.”
In democracies with functioning legal systems, it is assumed that people against whom there is a “lack of evidence” are innocent. They walk free. In countries where the rule of law prevails, in places blessedly free of fearful leaders whose only concern is staying in power, “tainted evidence” is no evidence at all. If you can’t prove that a defendant committed a crime — an actual crime, not a thoughtcrime — in a fair trial, you release him and apologize to the judge and jury for wasting their time.
It is amazing and incredible, after eight years of Bush’s lawless behavior, to have to still have to explain these things. For that reason alone, Obama should resign.
http://www.sj-r.com/opinions/x124603932/Ted-Rall-It-s-increasingly-evident-that-Obama-should-resign