Punting National Security To The Judiciary

Cully Stimson / September 25, 2009

In a stunning display of political cowardice, the Obama administration has decided not to seek specific congressional authorization for a prolonged detention statute for Guantanamo Bay detainees deemed too dangerous to set free. It’s the latest troubling flip flop by the president, an utter abdication of the lofty promises he made during his much-heralded National Archives Speech just this May.

This decision not only weakens U.S. detention policy, it will regrettably serve as an invitation to the courts to expand their role in national-security affairs — an area that is properly the province of the executive and legislative branches.

During the 2008 campaign, candidate Obama constantly criticized the Bush administration for “going it alone” and creating a law-free zone for the terrorist detainees at Guantanamo. He rebuked President Bush for his cowboy mentality, and his administration for making a “series of hasty decisions” after 9/11. (more…)