Glenn Greenwald: The Obama Justice System

by Glenn Greenwald
Salon.com

Spencer Ackerman yesterday attended a Senate hearing at which the DOD's General Counsel, Jeh Johnson, testified. As Ackerman highlighted, Johnson actually said that even for those detainees to whom the Obama administration deigns to give a real trial in a real court, the President has the power to continue to imprison them indefinitely even if they are acquitted at their trial. About this assertion of "presidential post-acquittal detention power" -- an Orwellian term (and a Kafka-esque concept) that should send shivers down the spine of anyone who cares at all about the most basic liberties -- Ackerman wrote, with some understatement, that it "moved the Obama administration into new territory from a civil liberties perspective."

Law professor Jonathan Turley was more blunt: "The Obama Administration continues its retention and expansion of abusive Bush policies now clearly Obama policies on indefinite detention."

In June, Robert Gibbs was repeatedly asked by ABC News' Jake Tapper whether accused Terrorists who were given a trial and were acquitted would be released as a result of the acquittal, but Gibbs -- amazingly -- refused to make that commitment. But this is the first time an Obama official has affirmatively stated that they have the "post-acquittal detention" power (and, to my knowledge, the Bush administration never claimed the power to detain someone even if they were acquitted).

All of this underscores what has clearly emerged as the core "principle" of Obama justice when it comes to accused Terrorists -- namely, "due process" is pure window dressing with only one goal: to ensure that anyone the President wants to keep imprisoned will remain in prison. They'll create various procedures to prettify the process, but the outcome is always the same -- ongoing detention for as long as the President dictates. This is how I described it when Obama first unveiled his proposal of preventive detention:

If you really think about the argument Obama made yesterday -- when he described the five categories of detainees and the procedures to which each will be subjected -- it becomes manifest just how profound a violation of Western conceptions of justice this is. What Obama is saying is this: we'll give real trials only to those detainees we know in advance we will convict. For those we don't think we can convict in a real court, we'll get convictions in the military commissions I'm creating. For those we can't convict even in my military commissions, we'll just imprison them anyway with no charges ("preventively detain" them).

After yesterday, we have to add an even more extreme prong to this policy: if by chance we miscalculate and deign to give a trial to a detainee who is then acquitted, we'll still just keep them in prison anyway by presidential decree. That added step renders my criticism of Obama's conception of "justice" even more applicable:

Giving trials to people only when you know for sure, in advance, that you'll get convictions is not due process. Those are called "show trials." In a healthy system of justice, the Government gives everyone it wants to imprison a trial and then imprisons only those whom it can convict. The process is constant (trials), and the outcome varies (convictions or acquittals).

Obama is saying the opposite: in his scheme, it is the outcome that is constant (everyone ends up imprisoned), while the process varies and is determined by the Government (trials for some; military commissions for others; indefinite detention for the rest). The Government picks and chooses which process you get in order to ensure that it always wins. A more warped "system of justice" is hard to imagine.



>>>>> CLICK HERE TO READ THE FULL ARTICLE

_________________________________________________________________________________

FAIR USE NOTICE

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of issues of ecological, political and humanitarian significance. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

Views: 79

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Tara on July 9, 2009 at 10:08am
Obama justice system has become an oxymoron now! It's Bush all over again!

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post

How Ukraine Revolutionized Warfare and Stopped Putin

 A war that Vladimir Putin sold to his people that would be a cake walk that would be over in a few…See More
4 hours ago
tjdavis posted a photo
21 hours ago
tjdavis posted a photo
21 hours ago
tjdavis posted a blog post
22 hours ago
tjdavis posted a video

Linda Moulton Howe Reopens the Antarctica Mystery With New Claims

Linda Moulton Howe has reopened a file she guarded for twenty-five years, and nearly every witness inside it is now gone. It holds testimony about Antarctica...
yesterday
tjdavis posted a photo
yesterday
Doc Vega favorited Central Scrutinizer's group Clinton For Prison!
yesterday
rlionhearted_3 commented on Sandy's photo
Thumbnail

FB_IMG_1790355245884

"There was no 6 million! See Red Cross, put Jewish deaths during WWII at 277,000! German…"
yesterday
Doc Vega posted a blog post

The De-intellectualizing of the West!

 One of the saddest aspects of reducing a society into chaos and division is propaganda, which is…See More
Wednesday
cheeki kea commented on cheeki kea's photo
Wednesday
cheeki kea posted a photo
Wednesday
tjdavis posted a video

The file of shame - Zandvoort - one of the largest covered-up paedophile scandals

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
Tuesday
Doc Vega posted a blog post

Alaskan Triangle US Air Force Loses 5 Aircraft

 The year is 1950 and the US and Soviet Union are locked in a crucial arms race that epitomizes the…See More
Monday
Doc Vega posted a blog post

Is this an Undeclared War We are Technologically Losing?

 Incident No. 1The year is 1980 and in US Air Force records this incident is still classified so…See More
Sep 25
tjdavis favorited Sandy's photo
Sep 25
Sandy posted a photo
Sep 25
tjdavis favorited cheeki kea's video
Sep 23
Mr.Jensen commented on cheeki kea's video
Thumbnail

THE PAPER CHAINS

"Well from now on this fight is up to Amerian People to win it. I'm afraid that all wars you…"
Sep 23
Mr.Jensen updated their profile
Sep 23
Doc Vega posted a blog post

Top German Panzer Ace of WWII Meets His End Finally

On the battlefields of the eastern and western fronts there was a scourge for the Germans who had…See More
Sep 22

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted