The Obama administration said Tuesday it could continue to imprison non-U.S. citizens indefinitely even if they have been acquitted of terrorism charges by a U.S. military commission.Let's reivew. You try a suspected terrorist. The terrorist is acquitted. You then say the terrorist is too dangerous to release and incarcerate him forever anyway, even though you just went through the process of finding that person innocent of any crime.Jeh Johnson, the Defense Department's chief lawyer, told the Senate Armed Services Committee that releasing a detainee who has been tried and found not guilty was a policy decision that officials would make based on their estimate of whether the prisoner posed a future threat.
Like the Bush administration, the Obama administration argues that the legal basis for indefinite detention of aliens it considers dangerous is separate from war-crimes prosecutions. Officials say that the laws of war allow indefinite detention to prevent aliens from committing warlike acts in future, while prosecution by military commission aims to punish them for war crimes committed in the past.
Mr. Johnson said such prisoners held without trial would receive "some form of periodic review" that could lead to their release.
We're either a nation of laws, or we're not. This is about the worst of the Odubya moments, and there's no way any American should stand for such a travesty. Period.
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