TW: indefinite detention, Guantánamo
One of the newer filings from a detainee at Guantánamo Bay, Ahmed Adnan Ajam, is honestly quite fascinating, and I recommend reading the Lawfare post about it, even if it’s quite brief.
Personally, I found it particularly enlightening as to the paradox the Obama administration has had to govern through. Elected in part to repair the extensive damage created by the Bush administration, we all expect him to use his presidential powers in something like a sweeping way, considering the widespread problems Bush left behind. That said, allowing the presidency’s powers to expand in the course of that would be to ignore the mechanics of what went wrong during the Bush years. Considering the since-2010 gerrymandered House of Representatives and catastrophically dysfunctional Senate, Obama has needed to, in isolation, stretch the limits of his office in order to shrink the limits of his office. Yeah, it strikes me as an oxymoron too.
(A comparison of Guantánamo detainees suggests that none of them are ever leaving the detention center, from here.)
The greatest disappointment of his governance, I’d have to say, is how he’s negotiated those odd, dual constraints. It’s easy and common to say that Obama is merely an extension of Bush, given his expansion of the drone strikes and continuation of mass surveillance systems, but I think that misses how complex the problem is. His administration appears to be hoping for detainees in Guantánamo to essentially sue Congress on their behalf. He’s fitting both of those oppositional standards, but not in unison on any given issue. His administration seems to have a talent at limiting its powers where the costs of that are high and failing to hold itself back when the impacts are quite large.
That seems to be how repairing Bush’s impact has failed – in that Obama has either overstepped or failed to lift a finger.