Revenge of the ‘Shoe Bomber’

Full article (here).

From the outset of his administration, Mr. Obama has been trying to thread the needle between national security policy and his ideological affinity with civil liberties lawyers and human-rights activists, meeting with and consulting them prior to making detainee-related decisions. Though his executive order shutting Guantanamo closely followed the blueprint provided by Human Rights First, leaders of key organizations were stunned when he revealed in an awkward, off-the-record meeting the day before his public announcement at the National Archives that he planned to continue President George W. Bush’s policy of preventive detention.

Michael Ratner, whose human rights organization, the Center for Constitutional Rights, filed the first successful detainee lawsuit in 2002, called Mr. Obama’s proposed U.S. detention scheme a “road to perdition” and nothing more than a plan to “repackage Guantanamo.” Leaders of the so-called Gitmo bar appear poised to launch a flurry of legal challenges the moment the last departing detainee’s feet touch U.S. soil.

In January, the American Civil Liberties Union (ACLU) of Colorado issued a statement saying that conditions at supermax are “simply another form of torture” worse than Gitmo which “make a mockery of ‘innocent until proven guilty.’” Last month, the ACLU filed a civil lawsuit mirroring Reid’s religious rights claim on behalf of two terrorism inmates held at the Communications Management Unit inside a medium security prison in Terre Haute, Ind.

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Mr. Obama has repeatedly suggested that the security challenge of bringing more than 100 trained and dangerous terrorists onto U.S. soil can be solved by simply installing them in an impenetrable fortress. This view is either disingenuous or naïve. The militant Islamists at Guantanamo too dangerous to release believe that their resistance behind the wire is a continuation of holy war. There is every reason to believe they will continue their jihad once they have been transported to U.S. soil where certain federal judges have signaled a willingness to confer upon them even more rights.

The position of civil rights activists with regard to these prisoners is plain. “If they cannot be convicted,” says ACLU lawyer Jameel Jaffer, “then you release them.”