AND THEN SHOULD THEY RULE AGAINST YOU....:

Obama Outlines New Rationale for Holding Detainees (Keith Perine, 3/13/09, CQ)

Obama abandoned former President George W. Bush ’s argument that the president’s status as commander-in-chief of the military entitles him to imprison detainees as “enemy combatants.” Instead, Obama defends indefinite detention under the international laws of war, and the use-of-force authorization (PL 107-40) Congress passed in the wake of the Sept. 11, 2001, terrorist attacks.

But the end result is the same: a muscular claim of executive authority to detain the Guantánamo prisoners as suspected terrorists.

...then you adopt the Bush rationale.

Posted by Orrin Judd at March 13, 2009 5:12 PM