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About Those Congressional Hearings on Detainees and Due Process

Big Tent Democrat wrote here about the Obama Administration's position on continued detention of detainees who may be acquitted.

There were two Guantanamo-related hearings this week. One was yesterday, before the Senate Armed Services Committee. The other was today, before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties. The ACLU provided testimony at the second hearing, and reports on both. As to yesterday's hearing:

Justice Department official David Kris testified that the Due Process Clause of the Constitution should indeed apply to the commissions system. However, in other testimony, Defense Department official Jeh Johnson stated that the United States can continue to indefinitely hold detainees who have been acquitted of crimes.

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Is The White House Manufacturing Support for Indefinite Detention?

In its article today on President Obama's consideration of an executive order authorizing indefinite detention of terror suspects without charges or trial, The Washington Post quotes an unnamed Adminsitration official as saying:

"Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order," the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be prosecuted or released.

The civil liberties groups I'm familiar with have all issued unequivocal opposition to indefinite detention. [More...]

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