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  • No Courage from White House on Detainees

    The Washington Post reports:

    The Obama administration has decided not to seek legislation to establish a new system of preventive detention to hold terrorism suspects and will instead rely on a 2001 congressional resolution authorizing military force against al-Qaeda and the Taliban to continue to detain people indefinitely and without charge, according to administration officials.

    The administration’s decision avoids a potentially rancorous debate that could alienate key allies at a time when President Obama needs congressional and public support… The administration has concluded that its detention powers, as currently accepted by the federal courts, are adequate to the task of holding some Guantanamo Bay detainees indefinitely.

    There is strong bi-partisan recognition that U.S. detention policy must be placed on a legally sustainable long-term footing. At Brookings Senior Fellow for Governance Studies Ben Witttes has written a A Model Law for Terrorist Incapacitation while Heritage’s Senior Legal Fellow Cully Stimson has long called for a durable legal detention framework.

    During the campaign, then-candidate Barack Obama often criticized President Bush for “going it alone” and just this past May, President Obama promised: “I will work with Congress and members of both parties, as well as legal authorities across the political spectrum, on legislation to ensure that these commissions are fair, legitimate, and effective.”

    The Obama administration’s decision not to seek congressional authorization for military detention exposes a lack of political courage to stare down the extremists in his own party and do the right thing for American security. This is the ultimate flip-flop and will have dangerous consequences for our national security. As Commander in Chief, the President does have the legal authority to detain the enemy during wartime, especially considering the broadly-worded congressionally-approved Authorization for Use of Military Force, in place since 2001.. However, given the courts’ micromanaging of virtually every aspect of detention policy, this decision not to seek a congressional statute will result in continued unnecessary litigation.

    More importantly, this decision cedes to the courts the ultimate decision of whom to detain, and whom to release, and will result in most Guantanamo detainees being released by federal judges – the administration’s goal all along.

    Posted in Security [slideshow_deploy]

    7 Responses to No Courage from White House on Detainees

    1. Jean Weingartner,Fl says:

      First is not his nation it is ONE NATION UNDER GOD.He is not god.GOD SENT US A SAVIOR WE ARE LOOKING FOR A PRESIDENT.

    2. Bill San Antonio TX says:

      AND, we wonder why our enemies are laughing at us and consider us as weak unbelievers.

    3. Normca says:

      Candidate Obama did not know what he was criticizing [but it sounded good, as usual]. President Obama's decision not to seek congressional approval stems from Levin's comments and the sentiment in the democrat congress. [Its okay to fight the right war, but when it gets retreat.] Lets see what B Heusen Obama, Commander in Chief does with the General's requests after his stay at the $7,000 a night NYC hotel.

    4. Jerry from Chicago says:

      Mr. O has only one strength, campaigning. That is why he will never stop campaigning and never start governing.

    5. Linda Carlsbad, CA says:

      Your last sentence in your article is what I have believed all along. This administration will release most or all the detainees, on the pretense that they have no control over the decisions!

    6. Pingback: A Constitutional National Security Crisis of Obama’s Own Creation | The Foundry: Conservative Policy News.

    7. fran campbell boca says:

      THE MOST CORRUPT ADMINISTRATION IN THE HISTORY OF THE REPUBLIC. OBAMA CAN NOT GOVERN AND HE SHOULD GET OFF HIS PARTISAN HIGH HORSE AND AT LEAST ACT AS THOUGH HE HAD SOME COURAGE. HE IS A LAUGHABLE FARCE AND A LIAR AND THAT FACT CAN NO LONGER BE HIDDEN. HE HAS BEEN HANDED ALL OF THE TRAPPINGS OF POWER AND SADLY DOES NOT KNOW HOW TO EXERCISE GOOD GOVERNANCE.

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