Posted by Tina
Captured enemy combatants presented a problem for the United States from the very beginning of the war. Since the world had not in previous wars dealt with enemies such as these, legal ground had not been firmly established. To his credit President Bush did everything he could to determine the appropriate legal methods and practices that his administration could use. Guantanamo was chosen specifically as a result of seeking an appropriate solution to the problem of housing captured enemy. When those methods were later questioned President Bush cooperated with Congress and the courts to address legal points and get them resolved quickly. Prior to lhis eaving office the process of convening Military Commissions to bring prisoners to justice while protecting national security information and concerns had begun. He did his best to secure as many loose ends as possible.
President Obama, while on the campaign trail, vowed to reject Military commissions, a declaration meant to stoke the outrage ginned up in the media over the purported rights of the non-citizen enemy combatants held at Guantanamo. It appears now that the difficult circumstances President Bush faced regarding these prisoners have come to roost on President Obamas shoulders; the difficult situation may prompt him to reconsider his earlier position.
Obama May Revive Military Commissions, by Gregory S. McNeal the corner, NRO
** It looks like the Obama administration is considering reviving military commissions to try detainees held in Guantanamo. If the administration makes such a decision, it looks like they will also attempt to revise some evidentiary rules to provide the detainees with greater rights (a more cynical person might say they will make slight tweaks to save face with the Left). About 8 months ago, in a Northwestern Law Review essay, I noted that the military commissions would not go away as a result of the Supreme Court’s Boumediene decision, and also noted that whoever won the presidency would face serious obstacles preventing either trials in federal court or the creation of a national-security court. ** (emphasis mine)
It would have been nice, and more gracious and responsible as well, if Obama had thought of this while running to become the next leader of the free world. Lets hope that now that hes won that great honor he can find it within himself to do the right thing. Expressing appreciation for the thoughtful approach of his predecessor would be a good place to start.
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