The First Man Who Should Be Talking On Terror

That man is President Obama. His speech is in some ways a blockbuster...and in other ways disappointing as all hell:

Finally, there remains the question of detainees at Guantanamo who cannot be prosecuted yet who pose a clear danger to the American people.

I want to be honest: this is the toughest issue we will face. We are going to exhaust every avenue that we have to prosecute those at Guantanamo who pose a danger to our country. But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States. Examples of that threat include people who have received extensive explosives training at al Qaeda training camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans. These are people who, in effect, remain at war with the United States.

As I said, I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. However, we must recognize that these detention policies cannot be unbounded. That is why my Administration has begun to reshape these standards to ensure they are in line with the rule of law. We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don’t make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.

I know that creating such a system poses unique challenges. Other countries have grappled with this question, and so must we. But I want to be very clear that our goal is to construct a legitimate legal framework for Guantanamo detainees – not to avoid one. In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so going forward, my Administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution.

But the problem is simple: detaining these people without charging them, without trying them, without giving them the chance to defend themselves, is not lawful. Any "legitimate legal framework" for doing this that does not include these basic functions is not a legitimate legal framework, period.

It really doesn't get any simpler then that. If you cannot try them in a court of law, then you have to release them. That's how the basic principles of our laws work. Find a solution if you must, but that solution must be lawful.

Or we are no longer a nation of laws, but of political expediency.

[UPDATE] Greenwald on the speech:

The speech was fairly representative of what Obama typically does: effectively defend some important ideals in a uniquely persuasive way and advocating some policies that promote those ideals (closing Guantanamo, banning torture tactics, limiting the state secrets privilege) while committing to many which plainly violate them (indefinite preventive detention schemes, military commissions, concealing torture evidence, blocking judicial review on secrecy grounds). Like all political officials, Obama should be judged based on his actions and decisions, not his words and alleged intentions and motives. Those actions in the civil liberties realm, with some exceptions, have been profoundly at odds with his claimed principles, and this speech hasn't changed that. Only actions will.

Amen, brother.

[UPDATE 2]Footage of the speech on an independent commission and prosecuting Bush officials.

Actions, not words are needed.