WHEN THE UNICORN RIDES BY EVERYTHING IS MADE NEW AGAIN:

The Hard Cases:
Will Obama institute a new kind of preventive detention for terrorist suspects? (Jane Mayer February 23, 2009 , The New Yorker)

No matter how Obama responds to the case, his decision is likely to arouse controversy. Hafetz says, “If President Obama is serious about restoring the rule of law in America, they can’t defend what’s been done to Marri. They would be completely buying into the Bush Administration’s war on terror.” This view is widely held by Obama’s political base. Yet the political risks of change are obvious. In 2004, Jeffrey Rapp, an analyst at the Defense Intelligence Agency, claimed in a sworn affidavit, without providing evidence, that Marri had met with Osama bin Laden in Afghanistan, and “offered to be an al Qaeda martyr.” The government’s theory is that Marri came to America in order to help carry out a second wave of terrorist attacks. “Al-Marri must be detained to prevent him from aiding al Qaeda in its efforts to attack the United States,” Rapp said in his statement, which is the sole public document offering reasons for holding him.

In early February, former Vice-President Dick Cheney increased the pressure on Obama, by warning that a catastrophic nuclear or biological terrorist attack on America would occur unless Obama kept the Bush policies in place. In an unusually contentious interview for an erstwhile high official, Cheney told Politico that the Obama Administration was “more concerned about reading the rights to an Al Qaeda terrorist than they are with protecting the United States.” Two days after Cheney’s remarks were published, the White House was visited by families of victims killed in the September 11th attacks and in the bombing of the U.S.S. Cole, in 2000. Some of those families have organized an advocacy group, Military Families United, which claims sixty thousand members, and which has circulated a petition demanding that Congress reject all efforts by the Obama Administration to relocate any detained terrorist suspects to its members’ districts.

Amid such competing viewpoints, a compromise idea has also emerged, which the Obama Administration is weighing. A number of national-security lawyers in both parties favor the creation of some new form of preventive detention. They do not believe that it is the President’s prerogative to lock “enemy combatants” up indefinitely, yet they fear that neither the criminal courts nor the military system is suited for the handling of transnational terrorists, whom they do not consider to be ordinary criminals or conventional soldiers. Instead, they suggest that Obama should work with Congress to write new laws, possibly creating a “national-security court,” which could order certain suspects to be held without a trial.

Same result. Different name. Everyone's happy.

Posted by Orrin Judd at February 16, 2009 8:51 AM