Preventive Detention

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PREVENTIVE DETENTION….Jane Mayer writes in the New Yorker this week about how the Obama administration plans to handle the enemy combatants currently held at Guantanamo Bay and elsewhere.  Greg Craig, Obama’s White House counsel, says that some disturbing options are being considered:

The Obama Administration has indicated that it hopes to return the majority of the detainees to other countries, or to try them in civilian and military courts. The looming question, however, is whether there is a category of terror suspect whose status precludes such options. It’s unclear whether some home countries can provide fair trials or secure prisons. More important, the high standard of evidence required in U.S. courts—guilt must be proved “beyond a reasonable doubt” — might result in dangerous individuals being set free.

….Depending upon how many such “hard cases” exist, Craig says, the Administration will decide whether new laws, including possibly those enabling some sort of preventive detention, are necessary….“It’s possible but hard to imagine Barack Obama as the first President of the United States to introduce a preventive-detention law,” Craig said. “Our presumption is that there is no need to create a whole new system. Our system is very capable.” Then again, the idea is not being ruled out, which may be surprising to some constituents, given Obama’s past support for civil liberties and Craig’s own record — in the early nineties, he served as the chairman of the board of the International Human Rights Law Group, an advocacy organization now known as Global Rights.

There are lots of genuinely tough questions here, so I sympathize with Craig’s position, but still: preventive detention?  Is he talking about indefinite preventive detention?  That’s hard to believe, but temporary preventive detention (i.e., holding a prisoner without bail while awaiting trial) is already a standard part of our judicial system — and it’s hard to believe that the government is truly afraid that a judge presented with even minimal evidence of danger and flight risk would allow a terrorism suspect out on bail.

Hopefully I’m just confused here.  In the meantime, though, read the whole thing.  It’s a good summary of where we stand right now.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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