Sunday, May 31, 2009


I know this sounds dreadfully shrill, and that the U.S. government has done lots of nasty things, etc., but there hasn't been nearly the "owning up" to what is going on here that there should have been:

There are, admittedly, people currently in U.S. custody who can't be prosecuted for past crimes because the Bush administration made such a mess of things — detaining them without counsel or trial, torturing them, and so forth. Under a just system of laws, they would have to be released even if they are a likely threat, but Barack Obama doesn't believe in the principle of law enough to do that. Instead, he intends to construct a "system" or "legal regime" in which preventative detention becomes a standard for people who can't be tried but who are suspected of being a threat some time in the future — in effect, a "legal regime" of "precrime" where people are imprisoned for crimes they haven't committed yet.

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