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But How Do You KNOW There Isn’t a Ticking Time-Bomb?

June 18th, 2008 · 3 Comments

From ABC News:

Asked by Tapper how Obama could be so sure that certain controversial domestic anti-terrorism policies instituted by the Bush administration were not instrumental to the protection of U.S. citizens, Obama said that he did not necessarily oppose all the efforts, but “it is my firm belief that we can track terrorists, we can crack down on threats against the United States, but we can do so within the constraints of our Constitution.”

This is in the context of the recent Supreme Court holding that if you’re going to spirit people away to a military prison camp for years on end—people often picked up far from a battlefield and locked up on the basis of hearsay—you can’t just stamp “enemy combatant” on their foreheads; you actually have to afford them some kind of meaningful due process. What bothers me about this question is that it gets the burden backwards: If you want to do away with the most basic sort of restraint on the government’s power to arbitrarily deprive people of liberty, even when those people are not citizens, then the onus is on you to give a really, really compelling explanation of why this is unambiguously necessary to prevent massive harms.

Tags: Journalism & the Media · Law · War


       

 

3 responses so far ↓

  • 1 southpaw // Jun 18, 2008 at 4:08 pm

    If you want to do away with the most basic sort of restraint on the government’s power to arbitrarily deprive people of liberty, even when those people are not citizens, then the onus is on you to give a really, really compelling explanation of why this is unambiguously necessary to prevent massive harms. The demand here

    This sounds like the beginning of a very good post that I heartily agree with. When might I expect to be able to read the rest of it? Were you carted off to Guantanamo in the middle of writing it? Who is that knocking at my

  • 2 southpaw // Jun 18, 2008 at 9:08 pm

    Now you’ve changed it and I look like a crazy . . .

  • 3 Julian Sanchez // Jun 19, 2008 at 1:03 am

    Sorry, it was GOING to be a longer post, until I realized that was the basic point there, and I had other things to work on.