Indefinite Detention With or Without Trial (Full Version)

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FirmhandKY -> Indefinite Detention With or Without Trial (7/10/2009 10:04:54 PM)



Is this the "change" you voted for?

Indefinite Detention With or Without Trial

Jacob Sullum | July 9, 2009, 12:28pm


quote:

On Tuesday the Senate Armed Services Committee held a hearing about the legal treatment of terrorism suspects. The New York Times account emphasizes that Obama administration officials faced resistance from Sen. John McCain (R-Ariz.) and other Republicans on the committee to the idea that people accused of ties to terrorism have a constitutional right to (some sort of) due process. Yet in an exchange with Sen. Mel Martinez (R-Fla.), Defense Department General Counsel Jeh Johnson said the president reserves the right to ignore the outcome of that process

...

So the Obama administration is all for due process, as long as it produces the correct result. Obama already has said that Guantanamo detainees who cannot be successfully tried by military commissions or civilian courts can still be imprisoned indefinitely if they are considered too dangerous to release. Now Johnson is saying that even those who are prosecuted can be kept imprisoned regardless of the verdict. The only point of prosecuting them, it seems, is to create an impression of due process while continuing the Bush detention policies that Obama condemned during the campaign.

At this hearing and elsewhere, Obama administration officials have expressed a preference for trying terrorism suspects, especially those arrested in the United States, in civilian courts. But in their view that decision is completely at the president's discretion, so in practice the new policy may be indistinguishable from the old policy, under which the Bush administration sometimes kept terrorism suspects in military custody and sometimes in civilian custody, sometimes prosecuted them in military tribunals and sometimes in civilian courts. Also like Bush, Obama is claiming the authority to continue imprisoning defendants who have been acquitted.


Where are all the angry protests? Where are all the angry denunciations about the loss of "civil liberties" and "destroying the Constitution" and Obamahilter (or is that Hitlobama? [:)] )

Where are all the angry posters, and threads about this on CM?

Why the deafening silence?

Where's kittinsol? Owner59? DomKen? Farglebargle, and all the rest of the crowd ....? [:D]

Firm





NihilusZero -> RE: Indefinite Detention With or Without Trial (7/10/2009 10:31:57 PM)

Yes, Obama seems content to continue the "epic fail" processes already put into place. There are already plenty of people with growing discontent over his ignorance or apathy towards clear civil liberties issues.

Care to trot out what seems surely to be the rest of your false dichotomy now?




TheHeretic -> RE: Indefinite Detention With or Without Trial (7/10/2009 10:34:00 PM)

        Columnist Ted Rall is pissed, Firm (worth the hunt, even, if you have missed his last few).  Other than that, not so much.

      I was seeing headlines today, that haven't yet become gloating threads, about more CIA programs, and more Bush II surveillance.  I care, yet I don't care.  This is a mighty gray area.  That's where I am with President Obama as he comes to understand the "detainee problem," beyond the idealistic rhetoric of the campaign.  I'm not going to beat him up for making the same decisions I defended the last asshole for getting right.

     We could have made this a lot easier if we had just shot the fuckers in the first place, instead of dragging them off to a rented corner of Cuba.




DomKen -> RE: Indefinite Detention With or Without Trial (7/10/2009 11:00:35 PM)


quote:

ORIGINAL: FirmhandKY
Where are all the angry posters, and threads about this on CM?

Why the deafening silence?

Where's kittinsol? Owner59? DomKen? Farglebargle, and all the rest of the crowd ....? [:D]

Well I'm not happy about it but rarely start threads. Besides why would I want to post a thread like that here? I would feel obligated to read it which at minimum would require reading Sanity, TheHeretic and you which is only a way I spend my time when I catch one of you making stuff up.

I will point out that leftists are pretty upset about it as even a simplistic search on DailyKos would show.




Arpig -> RE: Indefinite Detention With or Without Trial (7/10/2009 11:43:08 PM)

Well I for one would feel cheated if I had voted for Obama. This indefinite detention regardless of trial result is plain wrong in a moral sense. The US is supposed to be one of the good guys.




NorthernGent -> RE: Indefinite Detention With or Without Trial (7/11/2009 1:55:11 AM)

quote:

ORIGINAL: FirmhandKY

Where's kittinsol? Owner59? DomKen? Farglebargle, and all the rest of the crowd ....? [:D]

Firm



You seem more concerned with scoring points Firmhand and you're a convincing politician (well....as convincing as a politician intent on scoring points can possibly be).

Politicians aren't in charge; they haven't been for a long time. Obama and Bush are limited in what they can do.




NorthernGent -> RE: Indefinite Detention With or Without Trial (7/11/2009 1:56:38 AM)

quote:

ORIGINAL: Arpig

Well I for one would feel cheated if I had voted for Obama.



What were people expecting? That one man can change the course of recent history? I'd suggest that anyone who believed that to be the case is cheating themselves.




Loki45 -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:20:29 AM)

quote:

ORIGINAL: NorthernGent
What were people expecting? That one man can change the course of recent history? I'd suggest that anyone who believed that to be the case is cheating themselves.


What Obama's detractors fail to realize is that his supporters already understood this. So pointing fingers at him for his "failure" after only 6 months in office does nothing but make us laugh. We know the road was long when we started down it. But to not start down it at all would have been worse.




housesub4you -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:38:11 AM)

So you're pissed that he has not changed the programs you supported?  So if he ended them, then you would be pissed that he ended them huh.






willbeurdaddy -> RE: Indefinite Detention With or Without Trial (7/11/2009 3:55:23 AM)


quote:

ORIGINAL: Loki45

What Obama's detractors fail to realize is that his supporters already understood this.

your self delusion is actually quite entertaining




thishereboi -> RE: Indefinite Detention With or Without Trial (7/11/2009 4:14:33 AM)

quote:

ORIGINAL: FirmhandKY



Is this the "change" you voted for?

Indefinite Detention With or Without Trial

Jacob Sullum | July 9, 2009, 12:28pm


quote:

On Tuesday the Senate Armed Services Committee held a hearing about the legal treatment of terrorism suspects. The New York Times account emphasizes that Obama administration officials faced resistance from Sen. John McCain (R-Ariz.) and other Republicans on the committee to the idea that people accused of ties to terrorism have a constitutional right to (some sort of) due process. Yet in an exchange with Sen. Mel Martinez (R-Fla.), Defense Department General Counsel Jeh Johnson said the president reserves the right to ignore the outcome of that process

...

So the Obama administration is all for due process, as long as it produces the correct result. Obama already has said that Guantanamo detainees who cannot be successfully tried by military commissions or civilian courts can still be imprisoned indefinitely if they are considered too dangerous to release. Now Johnson is saying that even those who are prosecuted can be kept imprisoned regardless of the verdict. The only point of prosecuting them, it seems, is to create an impression of due process while continuing the Bush detention policies that Obama condemned during the campaign.

At this hearing and elsewhere, Obama administration officials have expressed a preference for trying terrorism suspects, especially those arrested in the United States, in civilian courts. But in their view that decision is completely at the president's discretion, so in practice the new policy may be indistinguishable from the old policy, under which the Bush administration sometimes kept terrorism suspects in military custody and sometimes in civilian custody, sometimes prosecuted them in military tribunals and sometimes in civilian courts. Also like Bush, Obama is claiming the authority to continue imprisoning defendants who have been acquitted.


Where are all the angry protests? Where are all the angry denunciations about the loss of "civil liberties" and "destroying the Constitution" and Obamahilter (or is that Hitlobama? [:)] )

Where are all the angry posters, and threads about this on CM?

Why the deafening silence?

Where's kittinsol? Owner59? DomKen? Farglebargle, and all the rest of the crowd ....? [:D]

Firm




They are off somewhere making hockey mom jokes.




FirmhandKY -> RE: Indefinite Detention With or Without Trial (7/11/2009 5:07:04 AM)


quote:

ORIGINAL: thishereboi

They are off somewhere making hockey mom jokes.


[sm=rofl.gif]
[sm=rofl.gif][sm=rofl.gif]





FirmhandKY -> RE: Indefinite Detention With or Without Trial (7/11/2009 5:22:55 AM)


quote:

ORIGINAL: housesub4you

So you're pissed that he has not changed the programs you supported?  So if he ended them, then you would be pissed that he ended them huh.

You miss the point of my post.

While I'm not "happy" and never have been with the program, I just can't see a better way. (My position is pretty much like Heretic.)

Which is why I didn't criticize Bush for the way he handled it.

I'm not criticizing Obama, either. All I've ever said about Obama and his handling of "overseas contingency operations" is that they pretty much mirror Bush's programs.

But, my feelings about those who loudly, constantly, and vociferously complained about "the loss of all that American stands for", and "the destruction of the Constitution" and all that jazz ... I want to hear from them how they can live with themselves?

Or was it all just political theatre, that they didn't really mean it, couldn't have really cared less, and it was just a great club to wield in the political battle for power?

My own biases say I already know the answer, but I've waited for someone of conscience from "that side" of the argument - here on CM - to come to an agonizing appraisal about the policies, and their choice of leadership.

Ain't happened, so I thought I'd give them the opportunity to do so.

We'll see if "that side" gives us anything of substance, or just more deflection, holier than thou bullshit, or continuing silence.

Firm




blacksword404 -> RE: Indefinite Detention With or Without Trial (7/11/2009 7:01:50 AM)

quote:

ORIGINAL: NihilusZero

Yes, Obama seems content to continue the "epic fail" processes already put into place. There are already plenty of people with growing discontent over his ignorance or apathy towards clear civil liberties issues.

Care to trot out what seems surely to be the rest of your false dichotomy now?



After he has a czar to take over all areas congress has power over, what then happens to congress?




Loki45 -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:09:11 PM)

quote:

ORIGINAL: willbeurdaddy
your self delusion is actually quite entertaining


Actually, yours is. But not nearly as your whining over the fact that your guy didn't win. [sm=rofl.gif]




Arpig -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:17:04 PM)

quote:

What were people expecting? That one man can change the course of recent history? I'd suggest that anyone who believed that to be the case is cheating themselves.
To be honest, I wasn't. But I didn't vote for Obama, I didn't particularly pay a lot of attention to what he said or didn't say in the campaign, but he did promise change, and to close down Gitmo. Now I may be wrong, but I am pretty sure that when he said that, the vast majority of people took it to mean that he would be releasing the detainees who were not guilty of a crime, rather than that he would simply close the Gitmo camp and redistribute the detainees to other facilities. That is the basis for saying that I would feel cheated, as far as I am concerned, he lied. He said he'd shut it down, and he knew damn well when he said it that his audience didn't take that to mean that he would close the facility only. I suspect that what he is doing now is what he always planned to do, and that he phrased his pledge in such a way that he can shut down that particular facility and redistribute the detainees and claim that he fulfilled his promise to "close Gitmo". America was taken.




willbeurdaddy -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:23:01 PM)


quote:

ORIGINAL: Loki45

quote:

ORIGINAL: willbeurdaddy
your self delusion is actually quite entertaining


Actually, yours is. But not nearly as your whining over the fact that your guy didn't win. [sm=rofl.gif]


"My guy" didnt run.




Loki45 -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:23:41 PM)

quote:

ORIGINAL: Arpig
To be honest, I wasn't. But I didn't vote for Obama, I didn't particularly pay a lot of attention to what he said or didn't say in the campaign, but he did promise change, and to close down Gitmo. Now I may be wrong, but I am pretty sure that when he said that, the vast majority of people took it to mean that he would be releasing the detainees who were not guilty of a crime, rather than that he would simply close the Gitmo camp and redistribute the detainees to other facilities. That is the basis for saying that I would feel cheated, as far as I am concerned, he lied. He said he'd shut it down, and he knew damn well when he said it that his audience didn't take that to mean that he would close the facility only. I suspect that what he is doing now is what he always planned to do, and that he phrased his pledge in such a way that he can shut down that particular facility and redistribute the detainees and claim that he fulfilled his promise to "close Gitmo". America was taken.


Speaking as one who voted for Obama, I can say that like many who vote, I did not agree with everything my candidate 'said' he was going to do. Ironically, the two things I was really at odds with him about are the two things he seems to have changed his mind on. Thus making him, the perfect candidate to me.

I see the Gitmo thing as just one example of how he can be swayed by those who know the real dangers. Those who have the information that only the president can see. He was not privy to this info during his campaign, but now that those in the know have explained things to him, he's had second thoughts. That's an educated change of opinion. You can't ask for better than that. It would be far worse if all his advisors told him what a sheer danger those people would be and he said 'eh...who cars, let 'em go anyway." But he didn't do that. He said he'd shut it down, then got elected and thus privy to the information needed to change his mind and he made the right call.




willbeurdaddy -> RE: Indefinite Detention With or Without Trial (7/11/2009 2:24:03 PM)


quote:

ORIGINAL: Arpig

quote:

What were people expecting? That one man can change the course of recent history? I'd suggest that anyone who believed that to be the case is cheating themselves.
To be honest, I wasn't. But I didn't vote for Obama, I didn't particularly pay a lot of attention to what he said or didn't say in the campaign, but he did promise change, and to close down Gitmo. Now I may be wrong, but I am pretty sure that when he said that, the vast majority of people took it to mean that he would be releasing the detainees who were not guilty of a crime, rather than that he would simply close the Gitmo camp and redistribute the detainees to other facilities. That is the basis for saying that I would feel cheated, as far as I am concerned, he lied. He said he'd shut it down, and he knew damn well when he said it that his audience didn't take that to mean that he would close the facility only. I suspect that what he is doing now is what he always planned to do, and that he phrased his pledge in such a way that he can shut down that particular facility and redistribute the detainees and claim that he fulfilled his promise to "close Gitmo". America was taken.


the jury is still out on whether it will even be closed at all.




slvemike4u -> RE: Indefinite Detention With or Without Trial (7/11/2009 4:28:21 PM)

While none of this makes me happy...I have never cast a vote expecting to agree in all things at all times with the man I'm voting for.So that deals with the betrayal of my vote issue
Now for the main issue....the seemingly Bush policies being continued....First off they are going to hold trial...whether thy be military tribunals or civilian criminal proceedings.....what they won't be is secret star chamber affairs.
Second is anyone willing to say the President doesn't have the authority to indefinitely detain any foreign National during a conflict considered too dangerous to release? We who voted for this President fully expected that if he won he would become the possessor of all the power of that office.us
So ,why should we now be upset.Has any President not had the power to detain indefinitely foreign Nationals deemed dangerous in a time of war....of course not...so what it comes down to....for most on the left anyway is in how the power of the Presidency is used....to be blunt there wasn't a whole lot of trust on this score invested in Bush/Cheney...and rightly so.
For me it will all turn on how this power is implemented...I have much more faith with the new Administration than ever I held in the last one.
They were the ultimate unilateral players on the world stage.




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