the effective Bush policy
If it was so effective, why did they abandon the use of waterboarding and other techniques after 2004? And how do they explain that we have been "kept safe" since that time even though we haven't used those techniques? And if those techniques are so effective, why weren't they used more widely on other detainees? And if the important thing is to keep us safe, why limit them to foreign detainees? Why not use them on Americans?
I disagree with Obama on the use of miltary tribunals and the idea of indefinite preventative detention. I think whatever marginal risk we take by living up to our principles is the price we pay for living in a free society. We could live in a police state with cameras in every corner and where the government could search anyone or any place at any time for any reason or for no reason, but we choose not to live in such a country even though it seems to me that we would be safer.
And it's simply not accurate to say Obama has the same polices as Bush. He has banned "enhanced interrogation." He wants to try those detainees who can be tried (which Bush made little effort to do). While he wants to continue military commissions for those who violated the rules of war, he has proposed doing so with greater procedural protections in place. And while he has proposed indefinite detention, he has also said that such a decision should not rest with one person (as it essentially did under Bush) but should have the input of Congress and the judiciary and be subject to periodic review with a real process in place. As I wrote, I disagree with the commissions and the preventative detention proposals, but what Obama proposes is not the same as under Bush which was essentially unchecked executive power.