As Glenn Greenwald notes, even Nino Scalia, in the Hamdan case, said you can't do that!.
Greenwald also notes, per the Boston Globe, that general presidential unilateral action on the "War on Terror" was yet another thing Candidate Obama said was a presidential no-no, catching Obama in his biggest
5. Does the Constitution permit a president to detain US citizens without charges as unlawful enemy combatants?And, the bullshit doesn't stop there.
No. I reject the Bush Administration's claim that the President has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.
Elsewhere, Team Obama continues to spout the BushCo bullshit in the "war on terror":
A speech last month from Harold Koh, the State Department’s legal adviser, acknowledged that the international laws of war have not properly contemplated a war against a global terror network. “Those laws of war were designed primarily for traditional armed conflicts among states,” Koh said. “Not conflicts against a diffuse, difficult-to-identify terrorist enemy, therefore construing what is ‘necessary and appropriate’ under the AUMF requires some ‘translation,’ or analogizing principles from the laws of war governing traditional international conflicts.”And yet, Obamiacs will continue to either turn a blind eye to this, or try to explain it away.
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