Not that anyone is surprised:
WASHINGTON — The Obama administration is considering forgoing legislation and issuing an executive order that would authorize the president to incarcerate some terrorism suspects indefinitely, White House officials said Friday.
Such an order would be controversial — seemingly aligning the administration with a disputed legal doctrine of former President George W. Bush, whose lawyers held that the president had sweeping authority in wartime to imprison those he deemed threats to national security.
Seemingly aligned with George W. Bush? Let’s review the New York Times’ past thoughts about indefinite detention and see if we have “seeming” alignment. (And as you can probably tell, this is a very light review of everything the NYT wrote about Bush’s detainment policies.)
“Indefinite Detention” – 11.24.08
For more than five years, the Bush administration has been holding Ali al-Marri, a legal resident of the United States, in near isolation under President Bush’s reprehensible enemy combatant doctrine. The Supreme Court is to meet on Tuesday to decide whether to review the case, and it should. The justices need to make clear that a president cannot trample on individual rights by imprisoning people indefinitely simply by asserting that they are tied to terrorism.
“The Court v. Bush” – 6.29.04
At issue yesterday was Mr. Bush’s claim that he can label any American an ”enemy combatant” and hold him or her in prison indefinitely without trial or access to counsel. The case involved Yaser Esam Hamdi, an American citizen who was taken prisoner in Afghanistan and has been held in solitary confinement in a Navy brig in South Carolina.
“Court backs Bush on military detentions” 7.15.08
President George W. Bush has the legal power to order the indefinite military detentions of civilians captured in the United States, the federal appeals court in Richmond, Virginia, ruled on Tuesday in a fractured 5-to-4 decision.
“Bush Seeks to Affirm a Continuing War on Terror” 8.29.08
It could, they say, provide the legal framework for Mr. Bush and his successor to assert once again the president’s broad interpretation of the commander in chief’s wartime powers, powers that Justice Department lawyers secretly used to justify the indefinite detention of terrorist suspects and the National Security Agency’s wiretapping of Americans without court orders.
So just so we’re clear: the NYT had a very established line about indefinite detention: Bush did it, and when he did it was controversial, evil, secret, and an abuse of power.
But when Obama flirts with the exact same idea, for some reason, he is only “seemingly” aligned with Bush? Why might that be? Because if Obama does align himself with Bush on the issue, that means everything they said about Bush ignoring separation of powers, extending the power of the executive, and using “secret powers” that “trample on individual rights” would now apply to President Obama.
The NYT doesn’t want to eat its words and it certainly doesn’t want to go after the Obama administration like it did Bush.
So what’s its only other option? Nuance the similarities as much as possible and hope no one notices.