Liberal Outrage Over 'Prolonged Detention' is Premature

In his speech yesterday, the President laid out his plans for dealing with 5 different categories of detainees. The most controversial of these, from the left's point of view, may be the fifth, "detainees at Guantanamo who cannot be prosecuted yet who pose a clear danger to the American people."

On last night's "Rachel Maddow Show," as good a bellwether as any of the liberal mood, Rachel posited a comparison between Barack Obama's outline for dealing with that 5th category of Gitmo Detainees, and sci-fi film "Minority Report's" Bureau of Future Crime.

:



I feel the need to "talk Rachel down," along with my fellow liberals. On this issue, the President has been stuck with a hot, scrambled legal mess. Nowhere is this more graphically evident than in the area of this 5th category. The President has about 8 months to figure out a solution worthy of Solomon. Here's what he promised yesterday:

Let me repeat, I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. Having said that, we must recognize that these detention policies cannot be unbounded. That is why my Administration has begun to reshape these standards to ensure they are in line with the rule of law. We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don't make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.

Unfortunately, as Rachel points out, any oversight will necessarily have to be top secret. Additionally, it is easy to imagine this becoming a rubber stamp for indefinite detention. It is difficult to imagine any oversight body making the call that someone once considered a danger is now worthy of release.

What I think will emerge is something akin to the FISA court, a top-secret judicial arm that was born out of necessity, criticized by civil libertarians, but which we have learned to live with.

Until the specifics have been revealed, there is no reason to presume that President Obama intends to maintain a dungeon full of Men in the Iron Masks. The challenge will be devising a system that satisfies the need to protect the US, while ensuring it can't be abused, by this administration or any other.

If it was easy, it would be done already. Let's calm down, give it some more time, and see how this comes together before we assume the sky is falling.

Tommy on: Daily Dose:

• President Obama's Speech on National Security: Post-Speech Analysis
• Comedy Central and Tommy Christopher in Feud
• Fox News' Question Hog Major Garrett Cops Major Attitude
• Obama's attempt to block photo release: Good idea, bad idea?
• Inside The White House Press Briefing Room
• I Have Only One Question: Is This Canon?