Wednesday, May 20, 2009

Judge admonishes Obama administration on detainees

"A federal judge has ruled that the United States can continue to hold some prisoners in military detention indefinitely without any charges. U.S. District Judge John Bates' opinion issued Tuesday night limited the Obama administration's definition of who can be held. . . . Earlier this year, Bates ordered the Obama administration to give its definition of whom the United States can continue to hold at Guantánamo. The administration responded with a definition that was largely similar to the Bush administration's, drawing criticism from human rights advocates.
But it made no mention of whether the new White House would label the detainees ``enemy combatants.'' In his opinion, Bates said he agreed with the Obama administration that ``the president has the authority to detain persons that the president determines planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks. ''The president also has the authority to detain persons who are or were part of Taliban or al Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed (i.e., directly participated in) a belligerent act in aid of such enemy armed forces,'' Bates wrote. But he said the Obama administration went beyond the law of war by including in its definition those who ''supported'' enemy forces. 'The court can find no authority in domestic law or the law of war, nor can the government point to any, to justify the concept of 'support' as a valid ground for detention,'' Bates wrote."

Let's review:

Obama's not closing Guantanamo.

Obama's not going to try all terror suspects in federal court.

Obama's not going to fully withdraw from Iraq within 18 months.

Obama's not going to repeal DADT.

And, according to the judge, Obama's over reaching on who he can detain without trial.

This is no different than what McCain proposed. Except, McCain honestly said what he would do.

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