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A retrograde step. Obama does it again

For a man who campaigned as he did for the presidency - and in the process was sharply critical of the Bush Administration's policies - and as a lawyer to boot, Obama has turned out to be a great disappointment . In many respects he is worse than George Bush. We now learn that Obama is going to permit indefinite detention without trial. Two words for it - disgraceful and scandalous!

"The Obama administration, ProPublica's Dafna Linzer first reported, is about to issue an executive order that gives shape, contour and future life to indefinite detention for Guantánamo detainees. The order will provide for the continual detention of several dozen detainees – who will have access lawyers in order to periodically contest their detention.

On one level, we shouldn't be surprised. In what has become a signature method of the Obama administration, the bad news was trotted out as an idea well ahead of time. In May of 2009, President Obama let it be known that indefinite detention was among the options that the administration would likely embrace in its efforts to close Guantánamo. Now, as their calculation may have predicted, what was once an unsavoury idea barely causes a ripple in the fabric of public opinion. Overshadowed by the continuing focus on the economy, and reflecting a growing callousness towards civil liberties issues in the "war on terror", the public will likely greet the announcement with numbness.

But there is more to be worried about than meets the eye. The problem is not just the disturbing fact that the Obama policy perpetuates a piece of the Bush detention regime. Indefinite detention was the very heart of the Bush policy. The idea that the United States could hold individuals, refuse to classify them in any recognised legal category and thereby deny them rights, was the doorway to a host of unacceptable policies, including enhanced interrogation techniques, excessive periods of solitary confinement (apart from interrogation), disappearances to "black sites", and most of all, the refusal to confront squarely the distinction between guilt and innocence. The several dozen individuals whom the Obama administration intends to hold are among those they believe there is insufficient evidence to convict. If the judgment of guilt is not certain, then these men cannot be tried."

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