President Obama has announced that he will lift a two-year ban on military commissions for detainees at Guantanamo Bay, Cuba, and restart those trials immediately. Here’s the statement from the President:
“From the beginning of my Administration, the United States has worked to bring terrorists to justice consistent with our commitment to protect the American people and uphold our values. Today, I am announcing several steps that broaden our ability to bring terrorists to justice, provide oversight for our actions, and ensure the humane treatment of detainees. I strongly believe that the American system of justice is a key part of our arsenal in the war against al Qaeda and its affiliates, and we will continue to draw on all aspects of our justice system – including Article III Courts – to ensure that our security and our values are strengthened. Going forward, all branches of government have a responsibility to come together to forge a strong and durable approach to defend our nation and the values that define who we are as a nation.”
First things first, this means that Barack Obama will not be the President who closes Guantanamo. The plan is to hold new trials there, so obviously the prison will not be cleaned out. It’s been over two years since the President signed an executive order to close Guantanamo.
Second, this is not just a way to “bring terrorists to justice.” It’s a way to hold onto detainees without charges. Included in this order is a procedure for indefinite detention of detainees at Guantanamo. Those deemed “too dangerous” to release, but where the government doesn’t have the evidence to convict, will simply be held in a cage for the rest of their lives, I guess. The executive order allows for a “periodic review” of those indefinitely detained, which was floated back in December. Here’s what I said at the time:
The upshot of all this would be a non-trivial number of detainees spending the rest of their lives in the custody of the United States without being charged with a crime. The White House will undoubtedly portray this as a moderate compromise, allowing for periodic review and access to an attorney for the detainees. But everyone knows the end result here: the reviews will not rise to the level of a real habeas proceeding, and will probably look a lot like the Combatant Status Review Tribunals of the Bush Administration. Maybe they’ll be improved somehow, and the proposal includes access to a lawyer and some of the evidence. But you’re still talking about a class of detainees who “cannot be tried,” in the eyes of the Administration.
If the Supreme Court didn’t rule in Boumediene, there probably wouldn’t even be any periodic review. And I can’t really see what would change in terms of the threat level of the detainee if he’s been sitting in a prison cell.
I see nothing in the order that would make me alter that analysis.
In a statement, Defense Secretary Robert Gates rescinded his order against new military commissions at Guantanamo. Basically, there will be multiple avenues for detainees – trial in an Article III court, a military commission, or indefinite detention. This will not be based on anything but the level of evidence that the Administration has. They will ensure that nobody they don’t want leaving the island leaves – it amounts to kangaroo courts.
In the executive order, it says that the Secretary of State “shall evaluate humane treatment assurances in all cases,” consistent with the recommendations of the President’s Task Force on Interrogations and his anti-torture executive order from 2009. I wonder if that all applies to Bradley Manning.
I’m sure Marcy will have more on this. Suffice to say that there is pretty much no material difference between detention policies in the Bush Administration and this one, at this point.




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I’ll never understand why, if the President has the authority to detain anyone indefinitely for national security reasons, they don’t just use Article III courts for all detainees. The public needs to know what evidence there is–and isn’t–against these folks. The detainee has to have the maximum evidence presented in a court as a basis for future appeals.
in a lot of cases there may be no evidence at all. Early in the Afghanistan campaign the US paid $5000 a head to the local warlords for suspected Taliban and Al-Quaeda combatants. The vetting process went something like this: US Spc Ops/ CIA guy…”is this guy a badguy?” Local Afghan warlord “Yes…now where’s my money?”
the story is that many innocent folks who got crosswise with the local poobahs ended up in Gitmo. In some cases the detainees were kidnapped off the streets and handed to us. Obama knows these detentions would not pass a legal review, and after a decade of illegal imprisonment we’re afraid of letting them out because they might actually become real terrorists.
As far as the legitimate Al Quaeda prisoners in Gitmo are concerned, they can’t be legally tried either. Due to the high probability that each of the Quaeda figures were subjected to “enhanced interrogation”, any evidence collected would be considered coerced and not able to presented as testimony. The only other recourse is military commissions, where the executive can make up the rules as he goes along.
So much for the rule of law.
So the question remains: What difference does it make if a Republican is elected in 2012? Bragging rights?
Maintaining the Status Quo. Obama chooses to give legitimacy where no legitimacy exists. Take his Miami school tour with JEB, for example. In that case he legimimized two great frauds in one act: NCLB, The privatization of the public school system and The Bush Crime Family as legitimate public servants.
Obama also polished Rick Scott’s knob over the weekend.
Hey friends, I need some help with this one:
Again, why did we vote for Obama?
Must mean they’ve tortured false confessions out of some of the prisoners.
Criminal cover-up. Lock em, torture em, throw away the key.
So much for that “fierce moral urgency” thingie we heard about back in 2008, though in fairness Obama does have an excuse to fall back on, handed to him by his own party.
What would that be?
Ho hum. Another day, another blatant departure from campaign
rhetoriclies.What a fucking asshole.
I want my vote AND my money back. I know I’ll never get the time back I phone banked for your sorry ass. But you’ll never get another dime, second of my time, or my vote again.
He was shiny. And Hilary cried.
The rule of law no longer exists……..
Who, pray tell, is on “the President’s Task Force on Interrogations”???
InquiryInquiring minds want to know.Yes, he is a Republican.
All unitary executives are WAR CRIMINALS including this craven baby killer.
“The United States has worked to bring terrorists to justice consistent with our commitment to protect the American people and uphold our values.”Nice big fat fucking lie, war criminal.
Go tell the girls a bedtime story how nine little boys picking up firewood weren’t worth shit compared to his precious ones so he offed them to keep his precious ones safe. King Bullshit..
You didn’t know? The last parting shot of the Pelosi congress was to slip a provision into the 2010 defense authorization act which barred the use of federal funds for the transfer of Gitmo prisoners to the U.S. for any reason, including trials.
Technically Obama could claim he doesn’t have official authorization to move prisoners from Gitmo or try them in the U.S.
We must have been on crack.
You know, I’ve always felt that the right wing is wrong about EVERYTHING. I don’t just mean the big stuff, they’re wrong about everything.
I now have to re-think and admit I was wrong once again. Because I seem to remember an acronym thought up and dispersed far and wide by the right wing that was absolutely right on target. Maybe the right wing is like a borken clock…..????
One
Big
Ass
Mistake
America
Of course that that litte acronym doesn’t say is that had we elected McCain, we’d be living the same mistake.
We sooooooooo need an FDR to stand up right now.
As I predicted, the progressive blogosphere is going ape. You expected something different?
Then fix it!
Can’t wait for 2012. Either we get a rethug or this guy will do everything just like one of them would do, except maybe not take away our right to vote ( meaningless anyway) or decide we can’t own property.
What I don’t understand is the dueling EOs?
No wonder everyone in this country not paying attention is confused as it gets worse and worse and worse.
How do you know that? Do you have proof or a link? Thanks.
Some justice.
Guilty ’til proven guilty, except — how does Obama know that they are “terrorists” he’s bringing to trial before the trial?
In any other crime area they would be “alleged” but not in the endless Global War on Terror.
They are guilty ’til proven guilty. Some justice.
from Common Dreams:
http://www.commondreams.org/headlines05/0531-10.htm
Well the more leftie candidate was drummed from the race for having an affair ( gasp) and we were subjected to two fucking YEARS of watching the Barack and Hillary dog and pony show while Bush engineered our economic downfall.
And the guy talked prettier
I don’t have a link, but I’m pretty sure that’s correct. The right wing went apeshit at the thought of transferring teh superhuman terrists from GITMO into America for trial because they could evade, escape, and launch massive terror strikes here if we did that.
And enough “Democrats” joined the republicans in passing that little amendment to the Defense approriations, IIRC. Going by memory, so could be wrong.
No. That doesn’t mean, however, that one should eschew moral outrage. If we don’t stand up for our beliefs – and allegedly for what this nation
oncestood for – then what?This is no surprise, but it’s egregious, outrageous, immoral, as well as just plain pathetic.
http://www.politico.com/news/stories/1210/46743.html
Greetings from Nazi Germany!
Dear Mr. President,
History will not be kind.
I’m leaving. Mexico is looking better all the time……except I just found out out government is selling weapons to the drugs lords down there. And the boys down there don’t like wimmin…..maybe Argentina, still figuring it out
A link? You realize that makes this the first verifiable thing you’ve said on FDL! Congrats!!!
LOL…I now see Barry as a punk guy, who got offered power and took it. He’s workin’ for the other side of midnight…we got duped, and he has no shame or remorse at all. The other one another narcisstic liar and cheater….kchchkcht…spitooey…in their general direction..
Thanks.
If at all possible, leaving certainly seems more and more like the only option anymore. I’m also investigating what might work. Have some ideas; time will tell.
Obama’s an asshole.
OT – gas prices
I had to get permission from Mr. Koch before I was allowed to post links; he gave in after I reduced my per-word rate.
Is north out of the question??
I’ve always thought Canada would be nice, and once global warming hits it’s peak the weather will seem just like home.
Anyone who attended Havard, Yale or Wellesley is exempted from this detainee treatment. This is for the “lesser people”, so watch what you post here, because it could leave to that forever Cuban vacation with guards who strip you naked and guard onlookers with dubious motives.
You can go to Canada if you have lots of money and your own health insurance. They will welcome you with open arms, as long as you can prove that you’re independently wealthy and have your health care needs taken care of. It would probably be nice to live there; the issue is: how?
Well, I hope you’re still able to pay the mortgage.
As for Koch-sucker, do you get to speak with him directly or do you go through an assistant?
Oh goody. Ruth Calvo & I are exempt.
Has he still kept all of Bush’s US attorneys? Can you guys do an update on that?
Oh well, guess Canada is out for me. I have neither lots of money or health insurance.
*sigh*
America’s transformation into a Fascist state under Emperor Zero is now nearing completion.
The mask is off.
We can start our own country. Canada is so sparsly populated in parts of the West that they’d never notice us :)
If you get your information from Politico, then you deserve to be misled.
Oh I’m doing fine, the mansion is already paid for so it all goes straight into the bank.
Laughing
Which bank? Do you prefer the blatant ass-raping of BofA or the more subdued penny-stealing of Chase? Maybe some high-end handjobs at Goldman?
Do you deny that the DAA was not passed with this little nugget tucked away inside of it; there are direct quotes in that article attesting to its legitimacy. I’m not about to go surfing but I’m sure you could do a little research on your own and find a confirming source which is more to your liking.
The moral thingy doesn’t go over very well in these parts…….LOL….I felt compelled to make a comment for fear of being called a “lurker”……..what ever the H that is…….LOL Good luck with both LOL
That, indeed, is the $64,000 question.
None of the above, though it sounds as if you’ve had some interesting experiences with your financial dealings; I might have to change banks and get in on some of that action.
They’re not too dangerous to be released. They’re too damaged to be released. To release the people that were destroyed by the drugs, the torture, the treatment there would be to show to the world exactly what we did. They cannot have that at any cost. Those people will remain there until the end of their foreshortened lives, unless somebody forcibly removes them from American custody.
No one can call you a lurker, if they don’t know you’re lurking. haha
Goldman uses this incredible water-based lubricant called Moist. Smooth, washes right off, non-toxic. It’s great. Of course while they’re doing that, they take your wallet with the other hand.
I’m shocked…completely stunned.
Just like with the Bush tax cuts.
Who knew?
Once again, can someone please tell me what is the substantial difference between any republican and Obama. At each and every turn he reminds me of why I’m not voting again until I have someone I feel deserves my vote. And for those of you who’ll say, but a Republican will win the White House, let me answer by saying this; I would rather a Republican do the things Obama is doing and we progressives can preserve our name and values, and second, I’d rather we hit rock bottom sooner rather than later, so we can get about fixing this country. All Obama offers is a bus heading over a cliff at about 10 miles slower than a Republican. Either way, we’ll go over the cliff, it just that we’ll do it later, and probably not have time to course correct until we do. This is especially significant when it comes to climate change as we are fastly reaching the tipping point.
Yes, that legislation was passed. I don’t blame so much Pelosi (I consider her culpable, but not to as high a level) but rather Obama since he could have vetoed it. Even you’re playing the Obama as victim card as if this was forced upon him with him being powerless in being able to do anything about it. I think that Obama wanted this legislation passed, just he played it in the media like he was some poor helpless victim of Congress.
The progressive blogosphere is beyond repair.
It’s a convenient excuse for him now, and for all you know Obama might have pushed for it behind closed doors for just this reason.
When a Republican does it the Democrats fight it tooth and nail (well, some things anyway). Obama is taking the country far further to the right than Bush did both by being more extreme than Bush as well as re-defining what “liberal” means by having the new liberal be the old extremist conservative.
The scary thing about Obama is that he is not who he says he is. At least a Repub acts like a Repub and is a mofo, so you know you have a mofo.
That makes at least 2 of us seeing this guy as a punk.
He has no liberal core beliefs as he will compromise these in a heartbeat. He’s a reagan kid trying to gauge what suits his political interest , thus:
Ignore black constituency because they’ll vote for me regardless,
Toss the gays a few bones because there vote and money aren’t for sure,
Say a few nice words about unions but don’t get too passionate about it because a few independents might hate unions,
speaking of independents, better keep some of the bush stuff cause the indies may like it,
Suck up to corporations and the chamber of commerce because mucho moola is always a good thing.
Thanks for making my point. You should direct it to the person who said it.
sociopath
I have no idea who said it. I’m just commenting on what you said…
Greetings from Nazi
GermanyAmerica!And Obama appointed Kagan to help enshrine it all, whether by abstinance of affirmation.
His Administration needs new t-shirts for 2012 if Jeb runs – “Vote Obama – the other Bush in the race.”
technically not true… Edwards came in second in a lot of primaries but he could never compete with Obama and Hillary for dollar contributions and media coverage. Why would corporate media tell his message (Two Americas -one Rich, the other Poor) when it didn’t jibe with the First Black Guy President vs. First Female President narrative?
The affair and child came out much later. However, If Edwards had won the Dem nomination, I would not be surprised of his infidelity breaking in the national media a few short days after the convention or before the election. TPTB certainly did not want a lawyer in the White House with real-world litigation experience whose practice went after corporate malefactors.
Now that Edwards is thoroughly discredited in the eyes of most (he cheated on a woman dying of cancer!…that is a tough thing to get over unless your name is Newt Gingritch) libs/progressives it will take the total unmitigated disaster of Obama’s first term to resurrect Edwards politically. Don’t give up hope, remember that Barry SellOut managed to resurrect the Republican Party in two short years, so anything’s possible.
Now that we’re openly torturing citizen Manning in Quantico, we don’t exactly need Gitmo anymore, do we? Oh wait, we don’t dare move those satanic terrists to American soil to torture, it’ll frighten the “brave and free” innocent “patriots” here. After all, those “terrorists” would now employ all their evil cunning to drag their starved, drugged, broken asses out of our maximum security torture chambers and wreak havoc upon the “innocent” here. Welcome to the gulag, everyone.
Wait until they figure a way to move Manning to Gitmo. Then we can really go ape.
To quote Tonto: “What you mean, ‘we,’ Kemosabe?”
Normal process for US Attorneys when the transfer of power to a new Presidential Administration begins is for the USA’s (who are political appointees) to either 1. hand in their resignation en masse, or 2. wait for the incoming administration to request their resignations, at which time they turn them in. (remember: they serve at the pleasure of the President)
The Bush USA holdovers apparently did not, and O’Sellout apparently has not asked for their resignations, if 1/3 of the USA’s were Bush appointees as of October 2009.
http://www.mainjustice.com/2009/10/02/one-third-of-us-attorneys-are-bush-holdovers/
No doubt another instance of him being all bi-partisany and stuff.
Or bush’s place keeper.
He’s set for the good life , forever.
To be fair, a closer look at the site show all but 13 of Obama’s USA nominations have been confirmed as of this date…so he has made progress on this issue since October 2009. Real question is why did it take 2010 for most of the nominations to be confirmed? was someone waiting for the Statute of Limitations clock to run out on possible war crimes?
considering Slick Willie Clinton may be worth $200 Million I’m very sure O’ Sellout will be well provided for when he leaves office. I doubt even an impeachment will hurt his chances for the big bucks to be earned as a former POTUS.
That’s actually not true. I’ve looked into Canada. If you have at least a bachelor’s degree it’s not that hard to get a visa. Just stay away from the French areas like Quebec. Americans are not welcome there. I had a professor that lived there.
Why make an executive order, one that transgresses upon established U.S. law and precedent, all for Guantanamo, where no new prisoners are headed?
This is because they must not let the world, and especially the U.S. public, know what was done at Guantanamo, the torture and the use of prisoners as guinea pigs. But it will come out eventually. The EO states:
Notice, it does not say a significant external threat to the security of the United States. This is not an oversight, as the security of the United States is used as a shibboleth to hide cover-up, and secrets kept from the American public.
The U.S. used Guantanamo as a “laboratory” (their words!) in the “war on terror,” including experiments on interrogation, drugs, conditions of confinement, behavioral experiments, and outright torture. They cannot let these people go, as some of them are more political, and might talk (like Shaker Aamer), or were leaders inside, etc. Very few of them are or were actual terrorists, and the treatment given these prisoners makes it near impossible to give them a fair trial.
The new Periodic Review Board is the Bush-era CSRB/CSRT all over again. The genuflections to habeas review and the Convention Against Torture would evoke Homeric laughter, if it wasn’t so outrageous and obscene.
This is how you hide a major war crime in full view of the world. We are all accomplices now.
Makes sense and fits what I was thinking. Big O is trying to prevent exposure of the internationally illegal activities, authorized by the president and his administration. Which makes me wonder, is it better to hang the dirty laundry out for the world to see and let Bush&Co (and it’s likely to be a big crowd) be officially international criminals, or patch it all up and keep it secret.
I think Obama is trying to keep it secret to prevent the shitstorm if the criminal activity were exposed and the U.S. were to be held accountable for it’s crimes.
The deeper question is, it this because he wants to protect the U.S. reputation in the world, or because he wants to nullify the screaming crazies in the GOP for that exposure and how it shows Obama’s weakness in the face of the international court (meaning during the next election). Or (gosh I hate to say this) is it to protect a former president and his
criminalsco-conspiratorsadministration.Did anybody else notice that they appear to have promised to sign additional international treaties in the announcement?
The New York Times reports:
Hell, at this point let Palin be POTUS. At least it would be entertaining. It would be like a Mel Brooks comedy everyday.
Canada has a pretty straight forward point system. It’s probably one of the easiest developed countries to immigrate to, though you still have to fight for it. My only problem with Canada is it is too similar to the US in design. It’s like America in an alternate reality where 2 corrupt parties and a broken democracy haven’t destroyed it, though they still have similar problems as do other developed electoral democracies (2 parties, sometimes one, dominate and become more and more similar and serve the interests of the wealthy and big companies). It’s unfortunate if that’s true about Quebec because I believe they’re the most left leaning of the provinces. Otoh, the winters there are so cold and long. Vancouver is the most moderate in weather of the big cities, just extremely suburban-like, not very “city” feeling.
Indeed.
Come January 2013, Obama will have plenty of time to go back to Chicago and teach a course titled “Constitutional Law 2.0: Why 9/11 Rendered the Bill of Rights Quaint.” What I learned in Con Law class nearly 40 years ago would earn me a flying F in his course.
I had a Psych professor who was basically forced to leave because the area she lived in adopted these “Nuremburg” type laws against English speakers.
I live 30 miles from the Canadian border and regularly watch the national news. Canadian politics has become much more Americanized in recent years. God help Canada if it deregulates the media and lifts restrictions on campaign spending.
The Obama election overtakes the JFK assassination as the biggest fraud perpetrated on the American people?
Obama the tyrant.
Obama the terrorist.
Obama the Republican.
Thank you
What does the military do to new grunts? THEY BREAK THEIR WILL to ensure they will conform to command. What are they trying to do to Manning? They are trying to break his will. That’s their MO, that’s what they do to get you to conform to whatever they command. They own your ass, literally. Your sole purpose is to conform to command, no ifs, ands, buts about it. Nothing new going on here, just stardard MO.
It’s to protect the legitimacy of the government, as the rot spreads very far, and implicates top levels of the Pentagon, the intelligence agencies, members of Congress, and likely key members of the press.
I hear Costa Rica is very nice. English friendly, peaceful,etc.
This is a serious problem – who CAN we vote for? Will Dennis Kucinich run?
Had a relative couldn’t even visit Canada a few years ago because of a single minor marijuana possesion record in the States. Not so friendly up there anymore. I’m looking at Ireland or the Philippines to flee to.
I found it.
Hillary Clinton issued a statement companion to the announcement about Guantánamo, saying that the Obama administration was asking the Senate to ratify without delay the Second Additional Protocol of 1977 to the Geneva Conventions of 1949, and that the United States would hold to Article 75 of the First Additional Protocol in all treatment of prisoners of opposing forces in international armed conflict.
Why those choices? Relatives? I’m sure you know Ireland is super fucked economically right now. They were also screwed by the bank scam, but have suffered even worse than the US. Many from Ireland have been fleeing to find work. I guess other countries would be the same due to that conviction. I know Japan doesn’t allow anyone a working visa who has a drug related criminal record, or possibly any criminal record. How about Australia?
What is being done to Manning is far beyond normal military training.
OBAMA IS A FRAUD.
OBAMA IS A LIAR.
DE-ELECT THIS HORRIBLE PRESIDENT IN 2012.
SCORN HIM.
One reason they don’t want to use Article III courts is that they can’t guarantee conviction. One of the officials in charge of the military commissions said, “There cannot be any acquittals. There must be no innocent men here.”
Another reason they don’t want to use Article III courts is that most of the current detainees were not seized on a battlefield or as a normal police operation. They were seized as part of a huge “intelligence gathering” operation, and many of them were simply kidnapped by warlord militias in Afghanistan or Pakistani police in Pakistan and sold to the Army for bounties of up to $5000. The Army neglected to record the reason these men were seized in the first place (a raid on a school? a raid on a “guest house?”), and they never were suspected of any crime or guilty knowledge so there’s nothing to charge them with. However, having been tortured and held in prison for years, of course they are angry and resentful against the U.S., and so are deemed “dangerous.”
In those few cases where they were actually grabbed either on a battlefield or because of involvement with an actual crime, the U.S. doesn’t want to use Article III courts because they would have to admit to how widespread the torture actually was.
Lock ‘em all up, they’ll die off eventually and the problem will be solved.
A lot of candidates make promises they don’t keep. The difference with Obama is that during the campaign he advocated seemingly from conviction for principled, moral positions on all of the important issues from health care, taxes, wars, financial reform, economic inequality, energy policy, to Guantanamo. Since becoming President he’s done the opposite of everything he presumably believed in and has doubled down on the status quo. The only principled stand you hear from him now is abject scorn for the left who know he’s an outright fraud and disgrace.
It’s clear that Obama’s strategy for winning in 2012 is to capture the Republican nomination and win over the teabaggers. I really have to wonder if the guy isn’t ready to switch parties.
Clearly he could give a crap what the voters who put him in office think about anything.
You probably won’t see this but in case… Relatives in the Philippines and ancestors in Ireland and yes Ireland a wreck now but houses and land very cheap now and winters mild. Hope to be retired soon so hope to manage without full-time work. Australia I hear is nice also and was (maybe still is) immigrant friendly.