Share this PostThere really isn’t that much of a difference between the Obama approach and the Cheney approach when it comes to detention policy. As Charles Krauthammer writes, the Obama approach has thus far been „(a) excoriate the Bush policy, (b) ostentatiously unveil cosmetic changes, (c) adopt the Bush policy.” And that has pretty much been what has happened. There will be military commissions the cosmetic changes concerning hearsay evidence and quality of legal representation are hardly important, given that white shoe firms were offering pro bono representation to detainees during the Bush Administration and given that the hearsay rules currently in effect are pretty much the same ones that are used by the International Criminal Court. There will be indefinite detention the very practice that was denounced as unconstitutional during the Bush Administration will basically continue undisturbed during the Obama Administration. And it is not as if Congressional Democrats are working to change the Obama policy; earlier this week, the Senate voted 90 6 to reject all appropriations dedicated to closing Guantanamo Bay. Those who praise President Obama for changing the Bush Administration’s policies on detention ought to understand that in fact, there haven’t been any changes of substance or importance.
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