02 May Obama May Use Military Commissions After All
So I’m not exactly surprised that Obama is planning to revive the use of military commissions to try terror suspects, (according to the NYT).
The Obama administration is moving toward reviving the military commission system for prosecuting Guantánamo detainees, which was a target of critics during the Bush administration, including Mr. Obama himself.
No doubt there will be some amendment to the Bush commissions, but I doubt it will be really extensive. And this whole thing makes sense as a practical matter. Creating new National Security Courts would take even longer and would no doubt raise new legal questions that will have to be litigated. So it’s the military commissions or federal courts. If that’s the choice, I am not shocked if Obama chooses to go with military commissions. Because he is not named George Bush, though, I expect very little pushback.