Greenwald highlights a new spooky power being asserted by the Obama Administration, dubbed “presidential post-acquittal detention power.” That’s seriously what the DOD’s General Counsel, Jeh Johnson, called it at a Senate hearing yesterday.
So you’re acquitted of a crime. In, like, a court. With due process, a jury of your peers. Or even in a military comission, with a jury of people who are decidedly not your peers.
You are found to be Not Guilty.
Now, that doesn’t imply innocence, and there are certainly people who are found not guilty by virtue of legal loopholes, blah, blah, blah. We all know: the criminal justice system isn’t perfect. But the important thing is that it provides a set of predictable parameters that everybody can more or less understand. Never mind the nuances, we’re talking the framework. You can keep your mouth shut with the cops (and you should), you have the right to an attorney, etc. (On a separate note, thank God for Miranda v. Arizona)….
I’m going astray.
This much should be clear: “presidential post-acquittal detention power” is an abomination. It admits as much in its name.
(And the most egregious crime? Upping the ante.)