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The Obama administration announced a plan last Friday that modifies but ultimately preserves military commissions for inmates detained at Guantanamo Bay. Attempting to reassure the public that his decision isn’t tantamount to a revival of Bush-era tribunals, the President stressed new legal changes such as the prohibition of evidence gained through torture techniques, and asserting the right of detainees to refuse testimony without the threat of legal sanctions. In defense of his compromise, President Obama stated, “This is the best way to protect our country, while upholding our deeply held values.” The modification of the military tribunal system coupled with a new 120 day freeze put on the cases of defendants who would be tried put into peril the Obama administration’s goal of closing down the detention facility in Guantanamo Bay by January 2010. Since the President’s announcement last Friday, civil libertarians and others have criticized the move calling the tribunals, “due process lite” and a reversal of campaign promises. The American Civil Liberties Union, in saying that military commissions are incapable of returning legally trustworthy decisions, plans to fight the move in court.

GUEST: Jonathan Hafetz is a Staff Attorney in the ACLU’s National Security Project.