Legal Commentary

Lindsey Graham Submits Indefinite Detention Legislation to White House

By Jeralyn

Sen. Lindsey Graham has provided the White House with a draft of proposed legislation allowing for the indefinite detention of suspects against whom no charges have been filed. The ACLU responds:

The American Civil Liberties Union believes that detaining individuals indefinitely without charging them with a crime or providing them a meaningful opportunity to challenge their detention is un-American and violates our commitment to due process and the rule of law.

It has some advice for Obama:[More...]

Despite pressure from Senator Graham, the Obama administration should not enact any policies that allow for the indefinite detention of individuals – potentially for a lifetime – without providing due process and a meaningful opportunity to challenge the detention. Indefinite detention without charge or trial flies in the face of American values and violates this country’s commitment to the rule of law. The assumption that sacrificing our principles will make us safe is not only false; it is dangerous. If Senator Graham’s legislation is introduced, Congress must stand strong and uphold our most cherished values, not cement into law policies that rival the worst of the Bush administration’s legacy.

On trying the suspects in the revamped military commission forum:

"The Obama administration should not use the discredited military commissions system for the most important terrorism trials in American history. The federal criminal justice system has experienced judges, experienced prosecutors, a track record that includes hundreds of successful terrorism prosecutions and procedural rules that have been tested and refined over two centuries. To displace this system for a military commissions system that does not have rules, that is certain to result in further delay, that has resulted in only three convictions over eight years and that is viewed as illegitimate by much of the rest of the world, would be deeply irresponsible. Attorney General Holder’s decision to use federal criminal courts was the right decision for national security and the right decision for the rule of law. The Obama administration should reaffirm the decision, not reverse it."

Lindsey Graham has succeeded Rudy Giuliani as politics' biggest threat to American freedom and values. Apparently he needs constant monitoring, and I'll be tracking him here.

Full post as published by TalkLeft on March 23, 2010 (boomark / email).