“A Failure of Leadership” in Confronting Terrorism
Posted September 29th, 2009 at 11.46am in Protect America, Rule of Law.
Brookings Institution senior fellow Benjamin Wittes writes in today’s Washington Post:
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.
Read Wittes full op-ed here.
Read Heritage Senior Legal Fellow Cully Stimson case for a durable legal detention framework here.
Study the Detention of the Enemy During Wartime here.

September 29, 2009 Bill San Antonio TX writes:
Many people are using the Geneva Convention for a guide for the treatment of captured “enemies in battle”. In other words, detainees are to be treated humanely under the rules of the Geneva Convention. Fine.
By adhering to this standard, we are saying the detaineed are “prisoners of war”.
As prisoners of war; and, until the war is over, they can stay locked up as enemy combatants. There is no requirement under the Geneva Convention to release “prisoners” until the war is over.
Unfortunately for these prisoners, this means life-imprisonment, since their “brothers”, the Jihadist extremists, have no intent on stopping their murderous campaign. The detainees can blame their plight on their own cause.
And, I have changed my view on where they should be incarcerated. They should be placed at the federal prison in Marion, IL.
A month at that place, with those inmates, and the “prisoners” will beg to be returned to GITMO and the sunny tropics.