Harvard Law Dean Elena Kagan, President Obama's choice to represent his administration before the Supreme Court, told a key Republican senator Tuesday that she believed the government could hold suspected terrorists without trial as war prisoners.Prof. Darren Hutchinson asks, "can someone please explain to me how this differs from Bush's position, which liberals condemned, bashed and burned in effigy?" Prof Glenn Reynolds supplies the answer:
She echoed comments by Atty. Gen. Eric H. Holder Jr. during his confirmation hearing last month. Both agreed that the United States was at war with Al Qaeda and suggested the law of war allows the government to capture and hold alleged terrorists without charges.
If confirmed as U.S. solicitor general, Kagan, 48, will defend the administration's legal policy in the courts.
During the Bush administration, the solicitor general argued for the White House's war-on-terrorism policies, including the president's decision to imprison foreign fighters and alleged terrorists at Guantanamo Bay, Cuba.
Because it’s not Bush’s position. It’s Obama’s. Duh.