Oh my: Obama drafts executive order to detain terrorists indefinitely without trial
posted at 8:37 pm on June 26, 2009 by Allahpundit
Do bear in mind that, contrary to leftist talking points, it’s not just the fact that some of the evidence against these turds was obtained through “torture” that makes them untriable in regular courts. Other evidence is either classified or was obtained from foreign intel — points that WaPo, to its credit, acknowledges but which our nutroots superiors tend to gloss over.
Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said…
Some of Obama’s top legal advisers, along with a handful of influential Republican and Democratic lawmakers, have pushed for the creation of a “national security court” to supervise the incarceration of detainees deemed too dangerous to release but who cannot be charged or tried.
But the three senior government officials said the White House has turned away from that option, at least for now, because legislation establishing a special court would be both difficult to pass and likely to fracture Obama’s own party…
“Legislation could kill Obama’s plans,” said one government official involved. The official said an executive order could be the best option for the president at this juncture. Under one White House draft that was being discussed earlier this month, according to administration officials, detainees would be imprisoned at a military facility on U.S. soil but their ongoing detention would be subject to annual presidential review. U.S. citizens would not be held in the system…
One administration official said future transfers to the United States for long-term detention would be rare. Al-Qaeda operatives captured on the battlefield, which the official defined as Iraq, Afghanistan, Pakistan and possibly the Horn of Africa, would be held in battlefield facilities.
Thank goodness future captives will be spared the military-run horror that is Gitmo for the cushy pleasure palaces that are military-run battlefield prisons. We’ve known this was in the works for months now, but I confess, I’m still surprised that Obama’s willing to bypass Congress. It makes sense politically, I guess — a left vs. center battle on national security in the House and Senate is a headache he doesn’t need right now — but (a) taking sole responsibility via an executive order pits him squarely against the ACLU crowd and opens him up to charges of being too Bush-like and (b) the constitutionality of indefinite detention will be jeopardized by not having congressional backing per Justice Jackson’s analysis in Youngstown v. Sawyer. Although, who knows — maybe that’s The One’s plan. By putting himself on the worst possible legal footing, he increases the chances of the Supreme Court declaring the program unconstitutional, which in turn will put pressure on Congress to bless it, thereby giving him political cover. Bottom line: No matter how much the left pouts, Barry O’s not risking a second term on letting questionable jihadis go until some other branch of government makes him.