Just Like That, Graham and Holder Find Indefinite Detention Consensus

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Wednesday, April 14, 2010 at 1:01 pm

Sen. Lindsey Graham (R-S.C.) leads the charge against Attorney General Eric Holder’s effort to try Khalid Shaikh Mohammed in civilian court. But when it comes to indefinite detention, they found a lot of common ground.

Holder acknowledged earlier in the hearing that the administration was still working on what would be a reviewable determination that a detainee whom the administration would neither charge with terrorism offenses nor release posed a threat to the United States, in addition to receiving a habeas petition from a federal judge. Graham said he “applauded” that effort, since the determination could be a “de facto life sentence,” and urged the administration to look to Congress for helping craft such a procedure. Totally coincidentally, I’m sure, Graham is working on his own such indefinite detention proposal.

If I understand Graham and Holder correctly, what they’re describing sounds an awful lot like what used to prevail at Guantanamo Bay: a one-time determination that a detainee posed a sufficient threat to the U.S. to justify placement in Guantanamo, known as a Combatant Status Review Tribunal, with an annual determination of whether the threat from the detainee remains in place, known as an Administrative Review Board. In this case, though, there would be the additional, independent step of a federal judge’s habeas corpus review.

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11 Comments

Just Go Travel Guides: Costa Rica | Travel Guides
Pingback posted April 14, 2010 @ 2:17 pm

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Pingback posted April 14, 2010 @ 2:48 pm

[...] Just Like That, Graham and Holder Find Indefinite Detention … [...]


Just Like That, Graham and Holder Find Indefinite Detention … Help
Pingback posted April 14, 2010 @ 8:38 pm

[...] the rest here: Just Like That, Graham and Holder Find Indefinite Detention … Wherever You Are You Find Yourself Looking Out Of The Window And …Anyone Trade On The [...]


Gavel Grab » Thursday Media Summary
Pingback posted April 15, 2010 @ 10:34 am

[...] Washington Independent: Just Like That, Graham and Holder Find Indefinite Detention Consensus Spencer Ackerman – 4/14/2010 [...]


Arturo
Comment posted April 16, 2010 @ 1:06 pm

.
I hope that, when the Congress does finally legislate a mechanism for holding people indefinitely, without charge and without justice, they make a specific provision for folks like Aleksandr Solzenitzen, people who corrupt the morals of our youth, or have the potential to, or might have an inclination to.
In other words, this world will only be safe when we lock up all Democrats and all Republicans.
.


Obama nominee Kagan has embraced expanded executive authority …
Pingback posted May 10, 2010 @ 8:45 pm

[...] things that Kagan would confront on the high court. Graham and Attorney General Eric Holder pledged last month t&#…for a cohort of current and future terrorism detainees. [...]


Elena Kagan, a National Security Enigma, Has Embraced Executive Authority « My Daily Take
Pingback posted May 12, 2010 @ 2:42 pm

[...] will very likely be among the first things that Kagan would confront on the high court. Graham and Attorney General Eric Holder pledged last month to work on a system of indefinite detenti…for a cohort of current and future terrorism detainees. Just yesterday, Holder went further, vowing [...]


Wrapping himself in the Constitution « Blog on the Run: Reloaded
Pingback posted May 22, 2010 @ 5:18 pm

[...] indefinite detention without charge — perhaps the least American idea there is — rather than assenting to it under pressure from Sen. Graham. There would be no inexplicable expansions of exemptions within Miranda after a 53-hour [...]


And while we’re on defense issues … « Blog on the Run: Reloaded
Pingback posted May 27, 2010 @ 9:08 pm

[...] it might be worse than that. The institutionalization that the administration is pursuing will codify indefinite detention without charge. Brennan today vowed fairness and checks and balances in such a system, and careful discretion in [...]


Anonymous
Comment posted March 30, 2011 @ 8:12 pm

i agree


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