At yesterday’s White House press briefing, a reporter mentioned to Tony Snow that the White House has “taken a few legal hits recently on the treatment of prisoners,” particularly when it comes to detention at Guantanamo Bay. Snow hailed the terrific treatment Gitmo detainees receive, right before explaining how anxious the president is to shut the facility down. There was a bit of a disconnect.
But then there was a very noteworthy exchange.
Q: But doesn’t the indefinite holding of this many prisoners under these circumstances really undercut the President’s arguments in favor of democracy worldwide, as he just spoke about in his speech —
SNOW: How does it do that?
Q: That’s what I’m asking you.
SNOW: No, the question doesn’t make sense to me. How does that happen?
Q: By not having due process for every —
SNOW: Are you saying that detaining people who are plucked off the battlefields is an assault on democracy? Are you kidding me? You’re talking about the people who were responsible for supporting the Taliban, somehow detaining them is an assault on democracy?
Actually, yes, to deny prisoners due process and decide that habeas corpus no longer matters is absolutely an “assault on democracy.” That Snow seems confused about this is rather disconcerting.
As Spencer Ackerman put it, “[W]ho could see any tension there [between democratic principles and administration policy]? After all, the Founding Fathers fought a revolution to ensure that in a time of war, which can last as long as a president says it does, a chief executive has the right to detain whomever he wants, for as long as he wishes, with no recourse to habeas corpus, and under conditions that an international human-rights monitor considers ‘tantamount to torture.’ How could there be a credibility problem?”
Indeed, perhaps Snow should take note of the specific language used by the 4th Circuit earlier this week.
In a stinging rejection of one of the Bush administration’s central assertions about the scope of executive authority to combat terrorism, a federal appeals court ordered the Pentagon to release a man being held as an enemy combatant.
“To sanction such presidential authority to order the military to seize and indefinitely detain civilians, Judge Diana Gribbon Motz wrote, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution — and the country.”
“We refuse to recognize a claim to power,” Judge Motz added, “that would so alter the constitutional foundations of our Republic.”
“Alter the constitutional foundations of our Republic.” As in, the administration’s argument is very much an “assault” on the American principles of law — all in a case dealing with a detainee plucked, not “off the battlefields,” but from the streets of Peoria (literally).
Are we kidding you, Tony? Not at all, though you may be kidding yourself if you think the administration’s policies are anything but offensive to the rule of law.