"We were able to hold it off with George Bush. The idea that we might find ourselves fighting with the Obama administration over these powers is really stunning."
-- Unnamed and dismayed human rights advocate, on legalizing indefinite detention of alleged terrorists, New York Times, May 21
WASHINGTON -- If hypocrisy is the homage that vice pays to virtue, then the flip-flops on previously denounced anti-terror measures are the homage that Barack Obama pays to George Bush. Within 125 days, Obama has adopted with only minor modifications huge swaths of the entire, allegedly lawless Bush program.
The latest flip-flop is the restoration of military tribunals. During the 2008 campaign, Obama denounced them repeatedly, calling them an "enormous failure." Obama suspended them upon his swearing in. Now they're back.
Of course, Obama will never admit in word what he's doing in deed. As in his rhetorically brilliant national-security speech on Thursday claiming to have undone Bush's moral travesties, the military commissions flip-flop is accompanied by the usual Obama three-step: (a) excoriate the Bush policy, (b) ostentatiously unveil cosmetic changes, (c) adopt the Bush policy.
Cosmetic changes such as Obama's declaration that "we will give detainees greater latitude in selecting their own counsel." Laughable. High-toned liberal law firms are climbing over each other for the frisson of representing these miscreants in court.
What about disallowing evidence received under coercive interrogation? Hardly new, notes former prosecutor Andrew McCarthy. Under the existing rules, military judges have that authority, and exercised it under the Bush administration to dismiss charges against al-Qaeda operative Mohammed al-Qahtani on precisely those grounds.
On Guantanamo, it's Obama's fellow Democrats who have suddenly discovered the wisdom of Bush's choice. In open rebellion against Obama's pledge to shut it down, the Senate voted 90 to 6 to reject appropriating a single penny until the president explains where he intends to put the inmates. Sen. James Webb, the de facto Democratic authority on national defense, wants the closing to be put on hold. And on Tuesday, Democratic Senate Majority Leader Harry Reid said, no Gitmo inmates on American soil -- not even in American jails.
That doesn't leave a lot of places. The home countries won't take them. Europe is recalcitrant. Saint Helena needs refurbishing. Elba didn't work out too well the first time. And Devil's Island is now a tourist destination. Gitmo is starting to look good again.
Observers of all political stripes are stunned by how much of the Bush national security agenda is being adopted by this new Democratic government. Victor Davis Hanson (National Review) offers a partial list: "The Patriot Act, wiretaps, e-mail intercepts, military tribunals, Predator drone attacks, Iraq (i.e. slowing the withdrawal), Afghanistan (i.e. the surge) -- and now Guantanamo."
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