Spin Cycle

It isn't necessarily good politics to be one of the architects of a program of detention that the Supreme Court declares to be unconstitutional. But it also isn't necessarily good politics to be in favor of more rights for guys accused of being terrorists.

So, the reaction to today's stunning Supreme Court decision that rebuffed the Bush administration -- and, implicitly, John McCain, who had been a key player -- in their effort to strip habeas corpus rights away from Guantanamo prisoners is careful, and complicated.

McCain says the court has to be obeyed, but tries to play the decision as a reflection of a too-liberal Supreme Court -- their justices, not our justices -- that is weak on terrorism:

"These are unlawful combatants, they are not American citizens and I think we should pay attention to Justice Roberts' opinion (a dissent) in this decision. But it is a decision that the Supreme Court has made. Now we need to move forward. As you know I always favored closing Guantanamo Bay and I still think we ought to do that."

Video is below. Two problems:

Knee jerk politicization of anything the Supreme Court does is not necessarily a healthy, statesmanlike approach, especially when you admit -- as McCain did -- that he hasn't read the decision yet. And second, McCain refuses to admit what has become clear over time: Some of the people at Guantanamo are not enemy combatants, they are innocent people who have been deprived of fair hearings to show their innocence. He still sounds wedded to the view that if the military says it then it must be true, which is not consistent with empirical evidence from Guantanamo.

Obama, who voted against the habeas-stripping legislation, praised the decision and used the opportunity to put the wood to McCain, but was careful to couch his praise in tough-on-terror talk:

“Today's Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court's decision is a rejection of the Bush Administration's attempt to create a legal black hole at Guantanamo - yet another failed policy supported by John McCain......We cannot afford to lose any more valuable time in the fight against terrorism to a dangerously flawed legal approach.... Bringing these detainees to justice is too important for us to rely on a flawed system that has failed to convict anyone of a terrorist act since the 9-11 attacks, and compromised our core values.”

The problem: No matter how you couch it, supporting a legal process for guys who the Pentago claims are terrorists can be cast as a weak-on-terror approach. It's an edifice the GOP has been building to use against Democrats for years, and this provides a brick to throw at Obama.

Obama's full statement is after the jump. Here's video of McCain: