Benjamin Wittes is not happy with President Obama’s approach to detention and Guantanamo Bay.
President Obama’s decision not to go to Congress for help in establishing reasonable standards for the continued detention of Guantanamo detainees is a failure of leadership in the project of putting American law on a sound basis for a long-term confrontation with terrorism. It is bad for the country, for national security and for civil liberties. It represents a virtually wholesale adoption of the failed policies of his predecessor — who, with equal obtuseness, refused to root American detention practices in clear law approved by the legislature and similarly failed to learn from repeated Supreme Court rebukes to this unilateral approach. It violates Obama’s much-noted statement this spring that he would “work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution.” And it delegates a profound and difficult policymaking exercise to the judiciary and, ultimately, to a single man on the Supreme Court.
The article’s called “Obama’s Dick Cheney Moment.” I wonder who’s more upset with the comparison — Obama or Cheney?
Anon Y. Mous says:
Since when does Congress need “leadership” from the executive in order to legislate in a particular area? The failure of Congress to do so is its own.
September 29, 2009, 6:46 amLee Peters says:
Brings to mind this parody entitled “Obama Orders Indefinite Detention of Officials from Previous Administration So They Can Continue Policies He Opposed During the Presidential Campaign”
September 29, 2009, 7:20 amBob from Ohio says:
Wittes sounds exactly like a 7 year old who finds out there is no Santa Claus.
September 29, 2009, 7:58 amDave N says:
I am guessing it is about equal.
September 29, 2009, 8:12 amDotar Sojat says:
How about transferring them to halfway houses in Marin County or Berkley?y? On work release?
September 29, 2009, 9:53 amAbdul Abulbul Amir says:
It needs leadership when the Prez wants to do something that needs congressional action. Closing Gitmo
September 29, 2009, 10:21 amiswas an Obama priority. It was not and is not a congressional priority.erp says:
No chance of that. This is where lefties invoke the NIMBY rule.
September 29, 2009, 10:30 amMikee says:
Congress refused to allow the US government to spend any money to close Guantanamo. That is a pretty clear Congressional action, indicating their desire that it remain open.
“…Putting American law on a sound basis for a long-term confrontation with terrorism” might involve allowing military tribunals to try suspected terrorists within days of their capture, and execute them without further appeal for their violations of the internationally accepted norms of warfare. I’d be OK with that, but I doubt Wittes would.
September 29, 2009, 12:08 pm