The White House is preparing an Executive Order on indefinite detention that will provide periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay, according to several administration officials.The law here is clear.
The draft order, a version of which was first considered nearly 18 months ago, is expected to be signed by President Obama early in the New Year. The order allows for the possibility that detainees from countries like Yemen might be released if circumstances there change.
But the order establishes indefinite detention as a long-term Obama administration policy and makes clear that the White House alone will manage a review process for those it chooses to hold without charge or trial.
If we are at war, and I understand the argument that the authorization for the use of force might constitute this, then you can detain people without access to the legal process, as prisoners of war, with all the rights pertaining to that status.
This is not about prisoners of war. This is about the king throwing people in jail on nothing but his word, and it is antithetical to American founding principles, which should be obvious to everyone, except perhaps for the worst constitutional law professor ever.
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