Fear of losing trials real reason for ‘indefinite detention’

Glenn Greenwald, aided by a letter poster, nails it. Here’s Obama’s own Assistant Solicitor General, Neal Katyal, last year:

Any trial system … might result in short sentences for or the acquittal of a dangerous terrorist. In ordinary criminal trials, guilty defendants often go free because of legal technicalities, government inability to introduce probative evidence, and other factors beyond the defendant's innocence. In terror trials, these factors are exacerbated by the difficulties of getting information from the place of capture, classified information restrictions, and stale and tainted evidence.

The possibility of acquittals or short sentences is a problem for terrorist trials.

Obama the constitutional lawyer certainly knows this, which makes him more despicable on the issue. And he lied about all of this in a questionnaire last year.

In light of all of this, the take of David Souter’s SCOTUS replacement on presidential powers could be huge. In short, Judge Wood good on the issues, Solicitor General Kagan not, other favorites unknown.