Embracing The Bush Terror Regime Under Obama
The Article: The We-Are-At-War! Mentality by Glenn Greenwald at Salon.
The Text: Two significant events happened on Thursday: (1) the Democratic-led Senate rejuvenated and expanded the War on Terror by, among other things, passing a law authorizing military detention on U.S. soil and expanding the formal scope of the War; and (2) Obama lawyers, for the first time, publicly justified the President’s asserted (and seized) power to target U.S. citizens for assassination without any transparency or due process. I wrote extensively about the first episode on Thursday, and now have a question for those supporting the assassination theories just offered by the President’s lawyers.
To pose that question, I’d like to harken back for a moment to the controversy over the Guantanamo detention system. Democrats universally purported to be appalled that the Bush administration was indefinitely imprisoning people without any charges or due process. Barack Obama, as a Senator from Illinois, denounced “the Bush Administration’s attempt to create a legal black hole at Guantanamo” — i.e., that people would be put in cages, possibly forever,with no charges. But Bush lawyers offered a theory for why due-process-free imprisonment was justifiable. The theory had these four fairly simple premises:
(1) Terrorism is not primarily a criminal offense. It is an act of war. Thus: We Are At War With The Terrorists.
(2) Those who try to harm the U.S. as part of this War are combatants and Terrorists — not criminals — and are thus entitled to no due process or any other rights to which accused criminals are entitled. It is the U.S. military (led by the Commander-in-Chief) — not courts — which decides who is and is not a combatant and Terrorist.





