Alex Lopoy's Blog
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About nine months ago, the Supreme Court breathed new life into the Second Amendment, ruling for the first time that it protects an individual right to own guns. Since then, lower federal courts have decided more than 80 cases interpreting the decision, District of Columbia v. Heller, and it is now possible to make a preliminary assessment of its impact.
The White House said on Friday that some Guantánamo detainees would be prosecuted in a military commission system that was a much-criticized centerpiece of the Bush administration's strategy for fighting terror.
Administration officials said they were making changes in the system to grant detainees expanded legal rights, but critics said the move was a sharp departure from the direction suggested by Mr. Obama during the campaign, when he characterized the commissions as an unnecessary compromise of American values.
In a statement, President Obama noted that there was a long American tradition of using military commissions, and said the administration was proposing changes to make them provide fairer justice.
Mr. Obama said the commissions would be used as one avenue for prosecution along with existing American courts. "This is the best way to protect our country, while upholding our deeply held values," the statement said.
The commissions are run by the Pentagon under a law passed specifically for terrorism suspects, in part to make it easier for the government to win convictions than it would be in existing American courts.
After Mr. Obama's about-face earlier this week when he announced his decision not to release photographs documenting detainee abuse, Friday's announcement again left the administration in the awkward position of being cautiously praised by some adversaries and harshly rebuked by some usual allies.
The Senate Republican leader, Mitch McConnell of Kentucky, who issued daily criticisms of the president's announced plan to close the detention center for terror suspects at Guantánamo Bay, Cuba, called the decision to use the military tribunals "an encouraging development."
David B. Rivkin Jr., a Washington lawyer who was an official in the Reagan administration, said the decision suggested the Obama administration was coming to accept the Bush administration's thesis that terror suspects should be viewed as warriors, not as criminals with all the rights accorded them in American courts.
"I give them great credit for coming to their senses after looking at the dossiers," of the detainees, Mr. Rivkin said.
The decision benefits the administration politically because it burnishes Mr. Obama's credentials for taking a hard line toward terrorism suspects. Some administration insiders say top http://webinfo.maqany.com/go.html officials have appeared surprised by the ferocity of the largely Republican opposition to Mr. Obama's effort to close the Guantánamo Bay prison, where 241 detainees remain.
The issue has become a difficult one for some Democrats on Capitol Hill because they are hearing from constituents who have expressed anxiety about a potential move into the United States of detainees the Bush administration called "the worst of the worst."
Some Democrats backed the president Friday. But coming the same week that Democratic leaders refused to include $80 million the White House had sought for closing Guantánamo in a war-spending bill, it was not clear whether support for the president's approach to Guantánamo may be weakening among Democrats.
Senator Carl Levin, the Democratic chairman of the Senate Armed Services Committee, said the president's decision to overhaul the rules for military commissions had been essential. But he added that "military commissions can play a legitimate role in prosecuting" detainees.
But some liberals and human rights groups said they were stunned by what some of them called a betrayal. They said the prospect of the new administration presiding over military trials at Guantánamo would hurt Mr. Obama's efforts to improve relationships around the world and would embroil the administration in years of legal battles.
The executive director of Human Rights First, Elisa Massimino, called the commission system of trying war crimes cases irredeemable. "Tinkering with the machinery of military commissions will not remove the taint of Guantánamo from future prosecutions," Ms. Massimino said.
The executive director of the American Civil Liberties Union, Anthony D. Romero, said he was preparing an advertising campaign that would call the use of an inferior legal system to try detainees "the Bush Obama doctrine."
The new system would limit the use of hearsay evidence against detainees, ban evidence gained from cruel treatment, and give defendants more latitude to pick their own lawyers.
Administration officials said they were making changes in the system to grant detainees expanded legal rights, but critics said the move was a sharp departure from the direction suggested by Mr. Obama during the campaign, when he characterized the commissions as an unnecessary compromise of American values.
In a statement, President Obama noted that there was a long American tradition of using military commissions, and said the administration was proposing changes to make them provide fairer justice.
Mr. Obama said the commissions would be used as one avenue for prosecution along with existing American courts. "This is the best way to protect our country, while upholding our deeply held values," the statement said.
The commissions are run by the Pentagon under a law passed specifically for terrorism suspects, in part to make it easier for the government to win convictions than it would be in existing American courts.
After Mr. Obama's about-face earlier this week when he announced his decision not to release photographs documenting detainee abuse, Friday's announcement again left the administration in the awkward position of being cautiously praised by some adversaries and harshly rebuked by some usual allies.
The Senate Republican leader, Mitch McConnell of Kentucky, who issued daily criticisms of the president's announced plan to close the detention center for terror suspects at Guantánamo Bay, Cuba, called the decision to use the military tribunals "an encouraging development."
David B. Rivkin Jr., a Washington lawyer who was an official in the Reagan administration, said the decision suggested the Obama administration was coming to accept the Bush administration's thesis that terror suspects should be viewed as warriors, not as criminals with all the rights accorded them in American courts.
"I give them great credit for coming to their senses after looking at the dossiers," of the detainees, Mr. Rivkin said.
The decision benefits the administration politically because it burnishes Mr. Obama's credentials for taking a hard line toward terrorism suspects. Some administration insiders say top http://webinfo.maqany.com/go.html officials have appeared surprised by the ferocity of the largely Republican opposition to Mr. Obama's effort to close the Guantánamo Bay prison, where 241 detainees remain.
The issue has become a difficult one for some Democrats on Capitol Hill because they are hearing from constituents who have expressed anxiety about a potential move into the United States of detainees the Bush administration called "the worst of the worst."
Some Democrats backed the president Friday. But coming the same week that Democratic leaders refused to include $80 million the White House had sought for closing Guantánamo in a war-spending bill, it was not clear whether support for the president's approach to Guantánamo may be weakening among Democrats.
Senator Carl Levin, the Democratic chairman of the Senate Armed Services Committee, said the president's decision to overhaul the rules for military commissions had been essential. But he added that "military commissions can play a legitimate role in prosecuting" detainees.
But some liberals and human rights groups said they were stunned by what some of them called a betrayal. They said the prospect of the new administration presiding over military trials at Guantánamo would hurt Mr. Obama's efforts to improve relationships around the world and would embroil the administration in years of legal battles.
The executive director of Human Rights First, Elisa Massimino, called the commission system of trying war crimes cases irredeemable. "Tinkering with the machinery of military commissions will not remove the taint of Guantánamo from future prosecutions," Ms. Massimino said.
The executive director of the American Civil Liberties Union, Anthony D. Romero, said he was preparing an advertising campaign that would call the use of an inferior legal system to try detainees "the Bush Obama doctrine."
The new system would limit the use of hearsay evidence against detainees, ban evidence gained from cruel treatment, and give defendants more latitude to pick their own lawyers.
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