Watching this Justice Department is a full-time job.
Earlier today, I discussed Debra Burlingame’s great op-ed in the WSJ (also flagged in the NRO Web Briefing) about the Justice Department’s decision to abandon the extraordinary prison restrictions that the Attorney General can order for terrorists – so far in the case of “Shoe Bomber” Richard Reid, but you can be sure there’ll be more. As I mentioned, Attorney General Eric Holder has relied on his power to impose these restrictions, known as the SAMs (Special Administrative Measures), in assuring Americans that we can safely close Gitmo and transfer the jihadists to U.S. prisons.
What I forgot is that Holder, only a month and a half ago, issued a press release on exactly this subject. Here’s the pertinent section:
Under the law, the Attorney General may direct the BOP to initiate Special Administrative Measures (SAMs) with respect to a particular inmate (including those being held pre-trial or during trial) when there is a substantial risk that a prisoner’s communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons. Generally, these measures can be initiated to prevent acts of terrorism, acts of violence, or the disclosure of classified information.
SAMs are specific to a particular inmate. The special administrative measures may include housing the inmate in administrative detention and/or limiting certain privileges, including, but not limited to, correspondence, visiting, and other communications, as is reasonably necessary to protect persons against the risk of acts of violence or terrorism, while still maintaining the inmate’s attorney/client privilege. The SAMs authorization automatically expires after one year, unless renewed or vacated.
* As of May 22, 2009, there were 44 inmates subject to SAMs, out of a total federal inmate population of more than 205,000. * Of the 44 inmates subject to SAMs, 29 were incarcerated on terrorism-related charges, while 11 were incarcerated on violent crime-related charges (gangs, organized crime, etc.), and four were incarcerated on espionage charges.
I’ve been scouring DOJ’s website for the “never mind” press release, but you’ll be shocked to hear that there doesn’t seem to be one. So the public is told: “Don’t worry about those terrorists, we’ve got these great SAMs”; and terrorists and their human rights lawyers are told: “SAMs? Who needs SAMs? We wouldn’t want to interfere with you First Amendment rights!”
He’s probably right. We don’t need SAMs. We need GITMO.






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