This is getting old. At every turn, it seems, the Obama administration has chosen to keep in place some noxious policy from his predecessor. The latest — following his decision earlier this week not to release photos of detainee abuse — is his decision to keep in place a version of President Bush’s military commissions.
Administration officials said they were making changes in the system to grant detainees expanded legal rights, but critics said the move was a sharp departure from the direction President Obama had suggested during the campaign, when he characterized the commissions as an unnecessary compromise of American values.
In a statement, Mr. Obama noted that the country had a long tradition of using military commissions, and said the changes would make the tribunals, to be used along with federal courts, a fairer avenue for prosecution. “This is the best way to protect our country, while upholding our deeply held values,” Mr. Obama said.
The commissions are run by the Pentagon under a 2006 law passed specifically for terrorism suspects, in part to make it easier to win convictions than in federal courts. The Obama administration suspended the military commission system in its first week in office.
The commissions, however, do not uphold our values so much as create a system that allows us to pretend we remain committed to a system of justice that puts the burden on the prosecution to prove its case while, all the while, ignoring that basic tenet.
Obama should have realized that he was driving down the wrong street on this one when he was praised by Senate Republican leader Mitch McConnell, of Kentucky,
who has issued daily criticisms of the president’s plan to close Guantánamo, called the move to revive the tribunals “an encouraging development.”
Then there is this even more troubling reaction from David B. Rivkin Jr., a former Reagan official, who
said the decision suggested that the Obama administration was coming to accept the Bush administration’s thesis that terror suspects should be viewed as enemy fighters, not as criminal defendants with all the rights accorded by American courts.
“I give them great credit for coming to their senses after looking at the dossiers” of the detainees, Mr. Rivkin said.
Accepting the Bush thesis? Is this the change for which Americans voted?