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  Obama WH adopts Bush indefinite-detention position
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ContributorScott³ 
Last EditedScott³  Sep 24, 2009 09:47pm
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CategoryBlog Entry
AuthorEd Morrissey
News DateFriday, September 25, 2009 03:45:00 AM UTC0:0
Description"Remember when the Left scoffed at the argument from George W. Bush that claimed the authorization to use military force allowed the executive branch to hold captured terrorists indefinitely, without criminal trial? Bush’s opponents screamed about human rights and due process, and claimed that Bush had abused his power. Those critics included Barack Obama, who regularly castigated the Bush administration for its failure to provide his idea of due process to detainees at Guantanamo Bay and elsewhere, as well as blasting Bush for his argument that he didn’t require Congress to act to maintain that power.

Now? Change you can believe in, baby:

The Obama administration has decided not to seek new legislation from Congress authorizing the indefinite detention of about 50 terrorism suspects being held without charges at at Guantánamo Bay, Cuba, officials said Wednesday.

Instead, the administration will continue to hold the detainees without bringing them to trial based on the power it says it has under the Congressional resolution passed after the attacks of Sept. 11, 2001, authorizing the president to use force against forces of Al Qaeda and the Taliban.

In concluding that it does not need specific permission from Congress to hold detainees without charges, the Obama administration is adopting one of the arguments advanced by the Bush administration in years of debates about detention policies.

But President Obama’s advisers are not embracing the more disputed Bush contention that the president has inherent power under the Constitution to detain terrorism suspects indefinitely regardless of Congress.

The Justice Department said in a statement Wednesday night that “the administration would rely on authority already provided by Congress” under the use of force resolution. “The administration is not currently seeking additional authorization,” the statement said."
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