No need to worry about double jeopardy: the Obama administration doesn't want to let you out even if you are acquitted!!??

Top Pentagon lawyer Jeh Johnson informed the Senate Armed Services Committee today that the Obama Administration might decide to continue imprisoning detainees indefinitely, even if they were charged with a crime, tried and acquitted.

The new assertion of presidential authority is staggering. Previously the Bush Administration had held the detainees for years without trial, and claimed the right to hold them basically forever, which the Obama Administration endorsed. But trials were avoided for lack of evidence. President Obama had previously defended the release of detainees ordered to be let go by the courts by insisting there was nothing he could do after the court ruled.

Not so now, it seems, and the lack of evidence is no obstacle because even if the trial fails, the president can simply overrule the court and keep the innocent detainee anyhow. Johnson said the detainees held despite being found not guilty in court would be permitted “some form of periodic review,” though it was unclear how this would even theoretically work.

While the Bush Administration often struggled with their system of extralegal detention, the Obama Administration seems perfectly willing to make bizarre assertions as to their hopes for a future legal system. Last month they were openly talking about executing detainees to avoid messy trials. Now the trials themselves will be next to meaningless.

Rep. Jerrold Nadler (D – NY) expressed concern about the plan, saying “What bothers me is that they seem to be saying, ‘Some people we have good enough evidence against, so we’ll give them a fair trial. Some people the evidence is not so good, so we’ll give them a less fair trial. We’ll give them just enough due process to ensure a conviction because we know they’re guilty. That’s not a fair trial, that’s a show trial.”

Explain to me again why (A) there is a significant difference between Bushco and the Obama administration on civil liberties; and (B) why most of my liberal/progressive friends seem to be far more interested in GOP infighting than the ripping sounds around the US Constitution now that their man is in power....

A Libertarian Martin Luther King Jr. Day post

In which we travel into interesting waters . . . (for a fairly long trip, so be prepared) Dr. King's 1968 book, Where do we go from here: chaos or community? , is profound in that it criticizes anti-poverty programs for their piecemeal approach, as John Schlosberg of the Center for a Stateless Society [C4SS] observes: King noted that the antipoverty programs of the time “proceeded from a premise that poverty is a consequence of multiple evils,” with separate programs each dedicated to individual issues such as education and housing. Though in his view “none of these remedies in itself is unsound,” they “all have a fatal disadvantage” of being “piecemeal,” with their implementation having “fluctuated at the whims of legislative bodies” or been “entangled in bureaucratic stalling.” The result is that “fragmentary and spasmodic reforms have failed to reach down to the profoundest needs of the poor.” Such single-issue approaches also have “another common failing — ...

Libertarian National Committee Deathwatch Part 1

As the LNC continues to lurch towards collapse, with the latest news of mass layoffs at HQ, I've decided to begin tracking those things leading the national party to irrelevance, even as state and local parties gain power. As news, rumors and rhetoric break out, I shall chronicle them in this ongoing series at Delaware Libertarian. Organizations approaching failure have a number of characteristics. One of the most striking is renunciation of their purpose and effort to reinvent themselves as a "me-too" provider of services in the marketplace. In this, the LNC has been on a collision course with destiny for a while now. Recently, for example, it hired Republican Party web site developer TerraEclipse to redesign the LNC web site . Terra created a web site very similar to those of the clients it brags most about -- far-right Republican conservatives like Tom McClintock and BJ Lawson. A quick look at the web site they built for the LNC is instructive. The tagline on the ...

The disturbing decline of the Delaware blogosphere: a very unfortunate Around the Horn (even if it's not Friday)

I've noticed a change in my own blog-checking habits over the past several weeks, and I don't know if it's just me or the reality of the last month of a divisive political campaign. I automatically used to check out Delawareliberal first and several times a day, because it was where I could find edgy, thought-provoking, and (dare I say it) funny banter going on. These days visit several other spots first, and my visits to DL are both shorter and less engaged. Why? Because the combination of invading neo-con commenters with the stridency of some of the major contributors has led to such pleasant exchanges as a post dedicated to labeling another blogger racist by donviti, whose own sense of provocative humor is generally so far out there that he makes John Belushi doing Samurai bartender on the SNL look positively pro-Asian. Or I can find Delawaredem and jason periodically spewing the idea that anybody who is not a liberal or progressive Democrat is somehow a non-American,...

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