As a devil’s advocate position, one reason the ACLU would be concerned about the fate of prisoners in Gitmo is that loosening the bounds that constrain the power of the state for others does suggest that loosening the bounds that constrain the state against its own citizens is a possibility down the road. Just as most of us commenters will agree with prosecution of warfare against terrorists over there, lest they come here, the ACLU may see themselves as prosecuting lawfare for those over there, before it comes here.
When you trust the government in power, it’s easy to cede them powers that they need to get a certain job done, however distasteful or otherwise disturbing they may be. But it’s not an argument to be dismissed out of hand that giving the government power is something that should be considered in light of the fact that we have an election every four years, and you may not trust the people in government after the next election. You may find yourself on the other side of an ideological fence from them, and they turn tools intended for use on others upon you for their own political goals.
Just as one example, as a gun owner, a veteran or someone who believes that abortion kills children you are a potential terrorist according to the DHS. Attend a political rally like a Tea Party with someone who goes on to commit a crime you would never condone, and suddenly you are part of a conspiracy against the government of the United States. Whether you are guilty or not, you are now subject to electronic scrutiny (something the Obama administration agrees with fully), and while charges like that may be ridiculuous on the face they are also prohibitively expensive to defend. You’d think the career professionals at the DOJ would not engage in prosecutorial misconduct, but then again, so did the former Senator from Alaska. This of course assumes that you aren’t simply put in a dark hole and for national security reasons, not allowed to obtain counsel or even notify anyone of your whereabouts.
I don’t fully agree with the ACLU in their spirited defense of those who would, given their druthers, kill as many of us as they could. But the issues they raise are not insignificant.
