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Obama administration caves on indefinite detention.

They’re readying an executive order right now that will confirm that certain detainees – read: the murderous, terrorist scum that we already weren’t releasing – can be continued to be held indefinitely without trial.  The fig leaf here is that the new proceedings (unlike those of the wicked, wicked Bush administration!) will be ‘more adversarial’ – which means whatever you want it to mean, of course – and that lawyers for the murderous, terrorist scum can ask again after the administration refuses to let said murderous, terrorist scum go the first time.  Maybe even every year.

What’s going on here is, of course, that Congress is on the verge of passing legislation that would effectively make it impossible to transfer the cases of murderous, terrorist scum to regular American courts.  Congress is doing this, earlier Democratic rhetoric to the contrary, because there are actual limits to legislative stupidity, and it’s pretty stupid to put murderous, terrorist scum into a civilian court system not particularly designed to handle it.  For that matter, the Obama administration itself is unlikely to have really believed any of the nonsense that it spouted off on the subject in years past… but they have to do something, seeing as progressives are already fairly livid with them over the tax issue.

This is their something.  If you look at the details, there’s no actual path described that would, if followed, allow murderous, terrorist scum to walk.  Regular, small-fish jihadis that we’ve caught and captured, sure: then again, there was already a system in place to handle that.  What we’re apparently getting here is a Kabuki quasi-court where the antiwar movement’s pet lawyers can posture, pound the table… and pat themselves on the back for speaking truth to power after power tells them that their clients aren’t going anywhere, any time soon.

Personally, if a Republican President tried this kind of smoke-and-mirrors trick on the Right we’d go ballistic, but the Left does things differently, bless their hearts.  But perhaps I’m wrong.  Perhaps the actual executive order will be a lot more stringent and quantitative than I’m giving it credit for. Perhaps they really will depopulate Gitmo, instead of leaving it full up for the next administration.  Perhaps.

Also, perhaps I am the Emperor of Siam.

Moe Lane (crosspost)

PS: By the way, none of this means that President Obama is a centrist, or that his staff is, or that the executive branch is.  Even centrists believe in something: if the President believes in anything besides himself and his family, it’s not readily obvious.

In other words, the term that you’re probably looking for is “opportunistic suckweasels.” Or just “liars.”

COMMENTS

  • jeffreywturner

    Perhaps they used such a desperately cowardly maneuverer (ie: lame-duck session) to pass the DADT repeal because they really needed something to pacify the nutroots, and make up for the tax deal and this.

  • throwback59

    to the military and Conservative Americans in general, as Dems head out the door ( with a big assist from 9 treacherous “Republicans”).

  • http://moelane.com/ Moe Lane

    Who gave you the right to call people like me “treacherous?”

    Folks, I know that this is a contentious issue; and it’s one where probably most of the people who read this site disagree with me. And I have politely kept from aggravating the situation by emulating the typically-childish antics and rhetoric of the pro-repeal Left. I would appreciate a similar courtesy, thanks.

  • jeffreywturner

    Normally, I wouldn’t mind that some of the more center-left Republicans vote for liberal policies, but to go along with the Dems in doing this in a lame-duck session is just low.

    I understand that Maine and Massachusetts are very pro-gay, so I can accept that their Senators would support this. However, I do not find it acceptable that they took part in the Dems’ cowardly act of using a lame-duck session to pass such a measure. Lame-duck sessions are for last-minute fiscal measures that need attention in order to avert imminent, short term catastrophes. They are not for long-term social policy changes which politicians are just too cowardly to vote on before the election. There is no reason DADT could not have been voted on in January by the Congress the people just elected, except that the Dems wanted to avoid the will of the people.

  • doubledok

    and put Jimmy Carter right in with them. I suggest indefinite detention in the energized electric chair.

  • highpocket

    means that we the people furnish food, clothing, Korans, TV, medical, dental, heat, air-conditioning, exercise equipment, and the list goes on like the energizer bunny. Wouldn’t a 223 round to the base of the skull be much cheaper? Life is life, so if you take it away does it matter how, imprisonment or death?

  • throwback59

    “misguided” be less offensive?

  • http://moelane.com/ Moe Lane

    If I take offense at just being told that I’m making a mistake, that’s my problem, not anybody else’s. :)

  • http://www.nomorelost.org/ ladyrassilon

    Its a tired cliche to refer to Thomas Jefferson, given that Obama has failed to live up to the hopes we placed in him.

    The point about Guantanamo and Baghram is that its a blight on our principles and our national character. I hear the cries of “National Emergency” and “The Constitution should not apply in times of war” but those people forget that at the time the constitution was written there was a national emergency, not only was there a brand new complex nation forming, there were a hundred and one threats including the continuing threat of British attacks on shipping and trade.

    I’m a Brit by birth, and we don’t have a written constitution, we have a hodgepodge of laws, precedent, principle, and EU human rights law. Without the constitution we’ve committed some pretty obscene acts, which violated the principles of the day.

    The USSR had a beautiful constitution, talking about freedom of speech, rights, et al, but they also had a line that said the constitution could be suspended in case of national emergency (which due to the cold war/prior standoff with the west, it always was) but some of the greatest thinkers of the enlightenment did not think that the president, the congress or indeed the courts should have the right to abridge the constitution, in fact it seems designed to protect against tyranny.

    It may be that some of the people locked up in Guantanamo bay are people who have committed acts of terrorism, or are conspiring to commit said acts, but we don’t know, and in fact they don’t know, because unlike at any time in US history they have been denied the rights accorded to everyone in custody.

    A few of who have been released have gone and (re?)joined radical movements, and can you blame them, effectively they have been psychologically and physically brutalized for years, and you don’t expect them to strike back at the people who did it?

    Its a symbol of the weakness of our faith, not in God, but in what it means to be American. The constitution is perfectly capable of handling these prosecutions. Yes some evidence cannot be brought in, but thats because torture and hearsay are firstly unreliable, and secondly a clear example of fruit of the poisoned tree.

    Maybe you are afraid and you would rather be safe than have your country stand up for its principles, but let me say this. I would rather my child be blown up by a terrorist than he be kidnapped, tortured and put through a military commission before being subjected to indefinite detention at the hands of my own government.

  • cwilson

    in a lame duck session is treacherous, in the non-legal sense of the term. It betrays the principle of representative accountability, and it is ultimately dangerous for the republic and civil order.

  • cwilson

    And I thank God you aren’t my mom. Do some research on the scum that are in Gitmo before you spout off about what “we just don’t know”.

    (1) Captured on the battlefield (2) carrying arms against US troops (3) without wearing uniforms. Under the Geneva Convention, these are considered illegal combatants, and can be summarily SHOT even after detention WITHOUT a trial. They are NOT POWs — yet we DO treat them like POWs, which in my mind *degrades* the Geneva Convention by treating them as if they upheld their end of the Conventions. (By doing so, we make it clear that any future adversary need NOT uphold the conventions, and we will, like George McFly, wear the Kick Me sign and pretend they do).

    We put them in a tropical prison, provide 3 hots and a cot, plus Korans, plus chaplains and “spiritual support”. And lawyers. AND, the US Congress, after various court cases brought BY those lawyers, established a system of military tribunals that met SCOTUS’s approval — and our illustrious President and AG unilaterally ignored that, and brought one of the miscreants to civilian trial. Where he was acquitted, because battlefield intelligence, or information gathered without a Miranda warning, is inadmissible in civilian courts. Civilian rules can not apply, and should not be applied, to war zone cases (kinda hard to get a CSI team to gather evidence under fire!)

    Three particularly heinous individuals were subjected to a procedure our own soldiers endure as part of SERE training — and this elicited information that led to saving soldiers lives in a combat theater, and revealed several ongoing terror plots that were then foiled.

    If you don’t want your son going through those experiences, then (a) don’t let him join the military — SERE training, you know, and (b) tell him that taking up arms against the US Military in a war zone is a seriously COUNTERPRODUCTIVE thing to do. The End.

  • controse

    Say no more. A better description of the Obama administration will never be written. Bravo!

  • MF

    I think what was meant was to put each of these traitors in the electric chair, and fire the switch (energize it) for as long as it takes (indefinite) to complete the job for which an electric chair is intended. No actual long-term maintenance required.

  • MF

    Thanks, CWilson. I was also appalled at BritMom’s post, and you nailed every hard-hitting point. Not rude, but forceful. Well done, soldier!

  • thethirddegree

    They should put all the queers in the same unit, send them to the fiercest fighting, repeat as necessary.

  • jwfan

    Reid, Pelosi and Obama has used this lame-duck congress to try, again, to get what they haven’t be able to get for 2 years before the clock runs out. My 2 Senators are regarded as moderate Republicans whenever it’s to the advantage of the Libs and MSM. One had some pork in the latest Omnibus Bill that went down to defeat She ultimately voted against it when she saw the handwriting on the wall against it, reluctantly. She and Snowe has voted for DADT in this lameduck session because the the liberals wanted it. Now they are going to vote for the Start Treaty that the liberals want. ALL THIS IN A LAMEDUCK SESSION AT THE LAST GASP EFFORT OF PELOSI, REID and company. I have called & left messages regarding their positions on these items..

    I have always voted for Snowe & Collins, (including Collins’s bid for governor in 1994), but no more. I have held my nose over their Pro- Abortion votes, Senator Snowe ignored also her husband’s ( John McKernan) lying to the people here when he ran for reelection and saying there was no severe budget crisis in Maine ( a week later, after successful reelection, discovered there was one after all). HEY, IT’S ONLY POLITICS.. Senator Collins had said she would run for 2 terms and then get out of Washington. I held my nose and voted for her this 3rd time, HEY, IT’S ONLY POLITICS, because the Democrat alternative candidate was just too much for me to politically stomach. But at least the Dem was honest in where she stood. I would respect Snowe & Collins again if they would just be honest and switch parties . It would be a heck more honest — a word not heard much in Washington nowdays. And the Band plays on…

  • http://moelane.com/ Moe Lane

    Beloved by Nazis AND Commies, which is pretty impressive when you think about it.

    Get off of our nice, clean website.

  • E Pluribus Unum

    Moe, it’s not their (the 9 Senate Repubs) position on DADT, per se, that is treacherous. Certainly your position, well documented and certainly arguable, involves no treachery, betrayal, or anything disreputable at all. That is not the fault line on which this breaks.

    These 9 Repubs went along with the Dem crowd in a Lame Duck session whose entire purpose was to thwart the expressed will of America as clearly stated on November 2. DADT, just like START, the “Nightmare” Act, that 1924-page joke of a budget, and even the tax deal, is a topic worthy of being debated with no undue haste by a Congress that represents the most recently expressed “Consent of the governed”.

    To attempt to jam all this stuff through with the full knowledge that such things would have no chance after January 3, is a mockery of all that is decent and right. It really is “giving the middle finger to America”. Those elected Republicans who assisted in this travesty engaged in treachery against both the Party and against America.

  • E Pluribus Unum

    Moe, it’s not their (the 9 Senate Repubs) position on DADT, per se, that is treacherous. Certainly your position, well documented and certainly arguable, involves no treachery, betrayal, or anything disreputable at all. That is not the fault line on which this breaks.

    These 9 Repubs went along with the Dem crowd in a Lame Duck session whose entire purpose was to thwart the expressed will of America as clearly stated on November 2. DADT, just like START, the “Nightmare” Act, that 1924-page joke of a budget, and even the tax deal, is a topic worthy of being debated with no undue haste by a Congress that represents the most recently expressed “Consent of the governed”.

    To attempt to jam all this stuff through with the full knowledge that such things would have no chance after January 3, is a mockery of all that is decent and right. It really is “giving the middle finger to America”. Those elected Republicans who assisted in this travesty engaged in treachery against both the Party and against America.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    process that determines if status of the detainee allows the President to hold indefiniently, after many appeals thru the system, twice. Now, the detainees will get to challenge the new court/procedures

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine