Because freedom can't protect itself
Sorry but I agree with C.I.
I just watched the Tuesday hearing online
Kris mealy mouthed words of Due Process are completely mitigated by his entire testimony and I'm wondering who from the ACLU attended the hearing?
The totality test he refers to and endorses, as C.I. rightly explains, is the Rehnquist decision that Miranda thankfully removed us from. That test does away with concepts like Due Process which is why Brennan dissented from Rehnquist's decision.
Again, who from the ACLU attended the hearing because the total argument presented by Kris wasn't supporting Due Process despite his mealy mouthed words early on.
Lastly, I agree with C.I. that the ACLU should be highlighting the testimony of John Hutson whose opinions can be found in his opening remarks
In fairness, Obama has been left with a rather unpalatable situation with the detainees. Certainly, many of them are innocent. But so much of the evidence against real terrorists has been tainted by "enhanced interrogation" and other issues that it may be impossible to convict them in a civilian court, even when they are clearly guilty. I find it possible that, now that he has access to full details, he has found some of them are in this gap between guilt and conviction, and believes he needs a way to bridge it.
This doesn't excuse him, of course - but being forced to clean up the mess left by the previous administration almost certainly explains some of the inconsistencies in Obama's positions.
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