Commissioning A Failure

If there's one trick the Obama administration has learned from the Bushies, it's the art of the Friday Night News Dump. This week, it's the fact that Obama is bringing back the Bushies' failed system of military commissions to try terror suspects.

The military commissions have allowed the trial of terrorism suspects in a setting that favors the government and protects classified information, but they were sharply criticized during the administration of President George W. Bush. "By any measure, our system of trying detainees has been an enormous failure," then-candidate Barack Obama said in June 2008.

In one of its first acts, the Obama administration obtained a 120-day suspension of the military commissions; that will expire May 20. Human rights groups had interpreted the suspension as the death knell for military commissions and expected the transfer of cases to military courts martial or federal courts.

Officials said yesterday that the Obama administration will seek a 90-day extension of the suspension as early as next week. It would subsequently restart the commissions on American soil, probably at military bases, according to a lawyer briefed on the plan.

"This is an extraordinary development, and it's going to tarnish the image of American justice again," said Tom Parker, a counterterrorism specialist at Amnesty International.

A White House official said no final decision has been made, and one source involved in the discussions said the plan awaits Obama's approval.

I'm going to go to the right for criticism of this, starting with Andy McCarthy from the Corner:

The Obama campaign slandered the commissions, just like it slandered Gitmo, military detention, coercive interrogations, the state secrets doctrine, extraordinary rendition, and aggressive national-security surveillance. Gitmo is still open (and Obama and Holder now admit it's a first-rate facility), we are still detaining captives (except when Obama releases dangerous terrorists), the Obama Justice Department has endorsed the Bush legal analysis of torture law in federal court, and Obama has endorsed state secrets, extraordinary rendition, and national-security surveillance (and the Bush stance on surveillance has since been reaffirmed by the federal court created to rule on such issues).

Do these people ever get called on their hypocrisy?

It's necessary to point out that Obama capaigned to end all of the above, and then turned out to expand every instance of Bush's system, and yes, this most certainly makes Obama a hypocrite of the first order. However, it's important to notice that Obama is certainly being attacked on the left on this, most notably by Marcy Wheeler:

So, to wind this toward a conclusion, this Obama gussied up swine of military commissions is a pig that ain't gonna fly. It is a patina of change on that which is not. And it is a sham; because there is no need for it, traditional criminal courts are situated to handle these matters just fine once you get past the Republican hysterical shrieking. Traditional courts have handled Zacharias Moussaoui, Jose Padilla, the Blind Sheik Abdel-Rahman, John Walker Lindh and numerous others. Criminal courts have the CIPA process to deal with classified information in a professional and equitable manner. Have there been errors and problems in some of the cases to date; yes, absolutely, but almost all were the fault of malicious and unethical prosecutors, not the inability of the system to handle the matters. Lastly, traditional courts have at least the appearance of neutrality, a concept that simply is absent in the tribunals run by the American military out of the Pentagon.

The bottom line is that no matter how you shine it up, military tribunals are wrong, convey the wrong message to the rest of the world and are nothing but a lazy dodge by an American government complicit in an eight year litany of wrongful acts. President Obama should stop the madness right here and now, try the detainees in a just system for the world to see and start reclaiming the high ground.

I personally don't understand it. Candidate Obama clearly laid out what was wrong with the system. President Obama is bringing it back in almost unaltered form.

It's another strike against this President. In many ways he is a vital improvement, but in other ways he really is worse than Bush.