More on Obama’s Post-Acquittal Indefinite Detention Plans

Today, Glenn Greenwald weighs in on the Obama administration’s newly revealed plans to continue holding Guantanamo detainees indefinitely even in the cases of detainees who may be acquitted:

Spencer Ackerman yesterday attended a Senate hearing at which the DOD’s General Counsel, Jeh Johnson, testified.  As Ackerman highlighted, Johnson actually said that even for those detainees to whom the Obama administration deigns to give a real trial in a real court, the President has the power to continue to imprison them indefinitely even if they are acquitted at their trial. About this assertion of “presidential post-acquittal detention power” — an Orwellian term (and a Kafka-esque concept) that should send shivers down the spine of anyone who cares at all about the most basic liberties — Ackerman wrote, with some understatement, that it “moved the Obama administration into new territory from a civil liberties perspective.”  Law professor Jonathan Turley was more blunt:  “The Obama Administration continues its retention and expansion of abusive Bush policies — now clearly Obama policies on indefinite detention.”

In June, Robert Gibbs was repeatedly asked by ABC News‘ Jake Tapper whether accused Terrorists who were given a trial and were acquitted would be released as a result of the acquittal, but Gibbs — amazingly — refused to make that commitment.  But this is the first time an Obama official has affirmatively stated that they have the “post-acquittal detention” power (and, to my knowledge, the Bush administration never claimed the power to detain someone even if they were acquitted).

All of this underscores what has clearly emerged as the core “principle” of Obama justice when it comes to accused Terrorists — namely, “due process” is pure window dressing with only one goal:   to ensure that anyone the President wants to keep imprisoned will remain in prison. …

How Orwellian is this new policy? So Orwellian that even Michael Goldfarb calls it Orwellian:

I understand and respect the president’s decision to disregard his left-wing critics and embrace the same policies of indefinite detention and denial of due process that made the Bush-Cheney administration so effective in preventing another terror attack. I support those policies because as illegal enemy combatants, terrorists have no right to due process. But, as Glenn Greenwald points out, there is something Orwellian about this administration’s attempt to have it both ways — to get the credit for putting detainees on trial only to disregard the outcome if they don’t like the verdict. Obviously the Bush administration would have done the same if they thought for a second that they could get away with it. But even the Bush OLC wouldn’t have dared suggest detaining individuals who had been acquitted on all charges.

So the Bush administration simply detained individuals it deemed a threat to national security. It was unable to resolve this difficult question of how to proceed with detainees who were too dangerous to release but against whom the evidence was, for any number of totally legitimate reasons, not likely to secure a conviction. The Obama administration has worked out a brilliant solution: show trials whose outcomes will not be predetermined even if the sentencing is.

Actually, as Glenn points out in an update, it turns out that Pres. Bush also claimed the “presidential post-acquittal detention power.”

One Response to “More on Obama’s Post-Acquittal Indefinite Detention Plans”

  1. steve says:

    It wasn’t bush that sent us into a downward spiral, clinton started it by givving all our money away to foreign country’s,thanks slut ,Bush leveled it out ,kept our head above water,and was their for the fellow americans, not to line his own pockets with honest taxpayer money,and hear comes nigarbama, TWO or more great vacations with his family in less than a year, must be nice my wife and three kids havent got to take any vacation, notice not plural, in 8 years when my grandpa passed away,god bless his american soul, wasnt a vacation but we did leave our state,and celibrated his life as vetran and good hardworking american .What has obaama done so far?other than golf and vacation, fukin nothin, bailed out a bunch of rich people!!wow thanks dichead, what did he do for the poor or middle class? a health bill that will tell you if your life has been wortrthy when you hit fifty ,and you paid your dues, they might help you but if not your gonna die!!!! Who made you god??? must be self oppointed.Must be pretty stressfull being a president of the great country of U.S.A. when you absolutly do nothing but bribe the rich and make them richer,what about the little man that puts that plane togather tightens them bolts in your car builds them nice vacation spots you go to get this oil out of the ground for the generators, and cars, and factories that produse your radios,tvs and electricity that you burn in the white house dont see no windmills set up around your place obama, alternitive energy shut up or pratice what your preachin by the dont forget to greese and oil that motor dumass somtimes you need a little to get a little. osama obama you suck and the only reason your their, you are the type of black guy that would play the race card if you lost and our great country would be without a president making important life changing desions like maybe help bailing out the working man that is giving you a comfortable vacation by paying our taxes the soul of or countrys survival. Taxes pay for everything and keep our economy rolling, in turn we pay our mortgages , witch will bail them out, witch they will pay the banks,witch will bail them out so they could loan more money to the rich and infamous witch would bail them out and create jobs for the taxpayer but what would 60 millon working tax paying americans know?? not much we guess, you are treating us like were stupid. you suck and i hope you fall flat on your face ,you aint no better than clinton and if you think about it, you are just like him in every aspect, except you probably have to jack off or get it in the butt from your dude lookin wife, “fag” the clinton era is known as sex between too bushe’s. what will we call yours? fuked by a black man !and we ALL dont appoligise for these wars, that we lost alot of good men and women protecting that, 20 millon doller beach you will be sitting on bich!!!!!Idont appoligise for nothing i have said or done so dont appoligise for all TRUE americans,you just appoligise for your own foreign not american butt THINK ABOUT THE LITTLE GUY IF YOU WANT TO MAKE EIGHT YEARS but you probaly make so much money in fore fuc the americans in 2012 sobody else can deal with our probales, you will be finacaly fine, right you piece of crap.

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