From The Washington Independent :
“Defense Department General Counsel Jeh Johnson moved the Obama administration into new territory from a civil liberties perspective. Asked by Sen. Mel Martinez (R-Fla.) the politically difficult but entirely fair question about whether terrorism detainees acquitted in courts could be released in the United States, Johnson said that “as a matter of legal authority,” the administration’s powers to detain someone under the law of war don’t expire for a detainee after he’s acquitted in court. “If you have authority under the law of war to detain someone” under the Supreme Court’s Hamdi ruling, “that is true irrespective of what happens on the prosecution side.”
Martinez looked surprised. “So the prosecution is moot?” he asked.
“No, no, not in my judgment,” Johnson said. But the scenario he outlined strongly suggested it is. If an administration review panel “determines this person is a security threat” and “for some reason is not convicted of a lengthy prison sentence, I think we have the authority to continue to detain someone” under “law of war authority” as granted by the September 2001 Authorization to Use Military Force, Johnson said. And beyond that source of authority “we have the authority in the first place.” ”
I find the idea of locking someone up who’s been declared not guilty (or even guilty but not with a big enough sentence to suit Obama) truly horrifying. It’s unjust in itself, and I can’t help thinking this is one of those principles that could easily lead us down the slippery slope: The next kidnapper, rapist, murderer or drug-dealer who gets found not guilty, hey, why not just lock him up anyway? Sure, at this point it’s only the president who can authorize this, but if the principle of post-trial detention becomes accepted, it would be very tempting to a lot of people in law enforcement. I’ve read of a few cases where prosecutors have argued against releasing an innocent man–proven so by DNA evidence–on the grounds that some technical T hasn’t been crossed or that there’s no law requiring the man be released (and if you just release people because they’re innocent, there could be chaos!). I don’t understand the mindset, but giving the authorities more power to lock people up, even without evidence, is not a good thing.