Buried in a on the Obama administration鈥檚 failure to close Guantanamo Bay a few weeks ago was a link to Sen. Lindsey Graham鈥檚 (R-S.C.) much-discussed and much-anticipated . For months and months, we鈥檝e read story after story about Sen. Graham鈥檚 negotiations on habeas corpus and detention policy for 鈥渆nemy combatants鈥 with the White House, but this was the first time the draft policy was made public.
And guess what? We鈥檝e seen it before.
Sen. Graham鈥檚 proposal looks incredibly similar to legislation he introduced in reaction to the Supreme Court decision in Boumediene v. Bush that then-Attorney General Michael Mukasey proposed in 2008. Both Graham鈥檚 current proposal 鈥 which has not been formally introduced 鈥 and Mukasey鈥檚 former proposal include a new declaration of war, granting sweeping powers to the executive to declare anyone a terrorist and hold the person forever 鈥 without ever charging anyone with a crime.
The good news is, this didn鈥檛 work in 2008, and Congress would do well to remember that and once again refuse any new declaration of war. Americans are already uneasy being in two wars with ambiguous end-dates. Redeclaring our country鈥檚 intent to flout the rule of law by expanding the executive branch鈥檚 power will only cause greater anxiety.