Glass Maze Every jumbled pile of person

Throwing Away the Key: Legally

Feingold reacts to Obama’s depressing desire to legalize indefinite imprisonment without trial:

You have discussed this possibility only in the context of the current detainees at Guantanamo Bay, yet we must be aware of the precedent that such a system would establish. While the handling of these detainees by the Bush Administration was particularly egregious, from a legal as well as human rights perspective, these are unlikely to be the last suspected terrorists captured by the United States. Once a system of indefinite detention without trial is established, the temptation to use it in the future would be powerful. And, while your administration may resist such a temptation, future administrations may not.

Exactly, and obviously. It beggars belief that this has to be pointed out. Given the choice between an illegal program of incarcerating people without trial forever, and a legal program of incarcerating people without trial forever, I’d pick the former, in a heartbeat. But are those really our only choices? Sanctioned or unsanctioned outrages against basic human decency?

Asking those with power to refrain from using it is… unrealistic. We may need to start over with the Magna Carta.