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Gitmo: Two Years Is Too Long

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Obama is apparently preparing to carry through on his campaign promise to close the Guantanamo Bay detention facility and Bob Gates has instructed the Pentagon to draw up contingency plans for doing so (h/t Kat). Steve Benen and Kevin Drum are both happy that Obama isn't backing away from his promise, and so am I. But the plan seems to involve closing Gitmo within two years, and that's too long.

It means that for two years detainees, many of them innocent of all charges as even the Bush administration nowadays has been forced to admit, will either continue to be subjected to kangaroo courts rebranded as "tribunals" or held in illegal imprisonment if tribunals are suspended. It means that those who ordered illegal rendition, torture, years of imprisonment without trial, repudiation of the Geneva Conventions and the trashing of America's legal system so as to allow evidence obtained by torture to be admissable while habeas corpus pleas were not will have an extra two years to argue by proxy that criminal charges would be politically inadvisable. It will mean two years in which Obama's administration and its foreign policy goals will be tarred abroad with the brush that Bush fashioned, because the rest of the world looks at America and doesn't distinguish as carefully between administrations as do partisan Americans.

And most importantly, it means two more years of the greatest gift to terrorist recruitment, which means more people will die. "Matthew Alexander", the Air Force Major who was an interrogator in Iraq and has been highly critical of "enhanced interrogation" told Scott Horton in an interview published Friday:

The number-one reason foreign fighters gave for coming to Iraq to fight is the torture and abuse that occurred at Abu Ghraib and Guantánamo. The majority of suicide bombings are carried out by foreign fighters who volunteered and came to Iraq with this motivation. Consequently it is clear that at least hundreds but more likely thousands of American lives (not to count Iraqi civilian deaths) are linked directly to the policy decision to introduce the torture and abuse of prisoners as accepted tactics. Americans have died from terrorist attacks since 9/11; those Americans just happen to be American soldiers. This is not simply my view–it is widely held among senior officers in the U.S. military today. Alberto Mora, who served as General Counsel of the Navy under Donald Rumsfeld, testified to the Senate Armed Services Committee in June 2008 that “U.S. flag-rank officers maintain that the first and second identifiable causes of U.S. combat deaths in Iraq–as judged by their effectiveness in recruiting insurgent fighters into combat–are, respectively the symbols of Abu Ghraib and Guantánamo.”

It's quite possible to close Gitmo far faster. If the U.S. can make a case against any detainee without using illegally obtained evidence, let it do so without delay in either ordinary civilian or military courts with the full panoply of law available. Such accused should be held in normal civilian or military custody while their trials progress For those it cannot, if the U.S. can make a case without using illegally obtained evidence that they would ordinarily be granted admission to the country, let them be deported - again without delay. Anyone not in those two categories should be released without prejudice and citizens of a free nation which upholds certain standards will just have to accept any danger concomittant with restoring those standards which the Bush administration has so widely trampled. We accept the same danger of further crimes every time an accused murderer or rapist is tried and might be aquitted, or is released on technical grounds because the normal course of law was not followed - as we should - so what's the problem? That is the only answer consistent with the universal rule of law, and could be implemented on Day One.

Crossposted from Newshoggers

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30 Comments
Leadership's picture

I am calling and faxing Russ Carnahan, my rep, everyday. I ask him why isn't Bush, Cheney et al in prison. I demand his attention. He called me this morning, I couldn't believe it.

Old Billy's picture

That is awesome. Did he say he would support prosecution?

Leadership's picture

His usual response is "if it comes up during our session I will keep in mind your views."

But today he said, "we are all talking about this right now."

So is encouraging, a little.

Edwin's picture

If you don't 300,000,000 are complicit in the war crimes. Only you can act. We foreigners can not. I will never trust the USA again. No excuses!

Perhaps I'm extreme, but so be it.


far left loon >.<

Ferrofluid's picture

How our elected reps think observing and upholding THE LAW,
and their OATHS OF OFFICE is just 'your views'

Congress exists in a fcuking .alt universe.

PS; is there something in the small print of the US Constitution that allows Congress to ignore human and civil rights abuses !?

For example those three/four Galveston plain clothes police that tried to kidnap (to an unmarked van) that 12YO girl and then beat her up, then arrested her and her father (saving his daughter from assumed sex perps) for resisting arrest.

Alice X - Chomsky Nader's picture

2 Days would be too long.

Close it immediately!


statusquObama, change you can only pretend in

Bob Roberts's picture

Some are guilt, some are innocent and some are not guilty. The second and third groups should go free after they have been distinguished from the first group. That takes time.

Old Billy's picture

There are a lot of people there who have already been cleared. At least move them to a Virginia prison (with Red Cross observers) while they await/go through trial.

Different Anonymous's picture
.

I imagine guilt v. innocence was determined years ago. It's not like these guys just got there...

Still gotta have time to set up plausible deniability for those who actually should be in Gitmo. I refer to BushCo employees, of course.

Alice X - Chomsky Nader's picture

If any are guilty of ANYTHING, I want there to be normal court documents that I can see for myself, or hear those that I trust describe them.

So I can understand what they were charged with and understand that they had ample and competent legal counsel in their defense.

That normal due process was followed.

So I can understand that it was and how it was beyond a reasonable doubt that they were FOUND GUILTY of the crime or crimes for which they were CHARGED.

Not because someone SAYS they are GUILTY of some undefined THING.

We thought that ended with the Magna Carta.


statusquObama, change you can only pretend in

So it was reported the other day.
The ones who would be refused repatriation to their home state or are afraid to go back.

Abbybwood's picture

Obama's first order of business should be to order it closed and for ALL prisoners to be re-located to a Federal Prison in the states and assigned criminal defense lawyers.

From that point on each one should have a fair trial with a jury.

Obama needs to show the world what justice in the United States is all about.

Habeus corpus and all that razzmatazz.


"The US has an army of 90,000 soldiers in Afghanistan and is spending $100bn a year, but has still been unable to defeat 20,000-25,000 Taliban who receive no pay at all." - Patrick Cockburn

Old Billy's picture

Immediately would be good.

I'm not afraid of these people. I'll host one in my house rent free.

DavidtheDuke's picture

so what did he say?

Bob Roberts's picture

The detainees have been denied due process. Under President Obama, they will finally have their day in court. Those who are not guilty will be set free (probably most of them). This, however, takes time.

It would be political suicide to release all of the detainees in two days or even in two weeks or months. The legal process takes time. Those against whom the government's case seems weakest should proceed to trial first.

Just because the outgoing administration flouted the rule of law does not mean that incoming administration should also do so.

Jo's picture

all care should be taken that they are given a decent life. It is one thing to free someone, it is another to make sure they get the medical and mental help they surely will need.

Actually there is nothing we can do to make up to them the suffering they have endured except to maybe let them go to the trial of Bush and Co. at the Hague.

Badass Bard's picture

that the new administration has a moral obligation to bring those who perpetrated all of this to justice, finally and properly. The officers who oversaw this and the DoD officials who orchestrated it should be stripped of their authority and tried based on which ever body of law most fits their position. This should include top officials like Donald Rumsfeld, Alberto Gonzalez and anyone with stars on their shoulder that signed off on this.

This is only one of many steps the Obama administration needs to take and take quickly if we are going to prove to the world that the last eight years have been the aberration of a rogue administration and not the concerted work of a nation of thugs.

Ferrofluid's picture

You know they (TLA interrogators) videoed themselves doing that evil deed (to destroy the moral of the VIP playing card Iraqis), and the recording supposedly went back to Washington.
This is the reality of Bushco and their methods, their legacy for the history books.

John Dean: 'Serious consequences' if Obama doesn't prosecute torture
http://rawstory.com/news/2008/John_Dean_Serio...

woodytus's picture

So let me get this straight.
Obama nearly washed out of the primaries because it was so easy to poke at him about his promises of a swift end to our quagmire.
In the meantime, Bush/Cheney use a Communist island nation (Gitmo) in order to circumvent US law, the Geneva Convention and to dabble in Signing Statement law of their own.
Obama in the meantime is accused of hanging out with socialists and terrorists as he nears the end of his campaign.
Now, Obama somehow has seen the light (flashlight) and decides that Gitmo is okay for a while longer while the only access to Iraq policy that Iraq citizens or press have is their own shoes and torsos.

Then John Dean says "There is a degree of conventional wisdom that suspects that Mr. Obama really doesn't want to take this issue on," Dean replied. "It's not a unifying move."

But is there no one to tell Obama about what even Bush The Impaler couldn't rise above when the dynamic between unity and an awareness of popularity if handled wrong so early on can sink him in the first 100 days.
Let's not get this wrong - please.

Loom's picture

"...the rest of the world looks at America and doesn't distinguish as carefully between administrations as do partisan Americans."

That's because when it comes to foreign policy America's actions don't change much between administrations.

"We accept the same danger of further crimes every time an accused murderer or rapist is tried and might be acquitted, or is released on technical grounds because the normal course of law was not followed - as we should - so what's the problem?"

Well, BushCo and their media cronies have painted everyone in Guantanamo Bay as an America hater capable of heinous acts that would put Hannibal Lector to shame. Reducing the 'perceived' enemy, the Other, to appear subhuman was the plan all along. I've just finished reading a book about propaganda during WWII. The Japanese were reduced to animals. Not surprisingly, U.S. troops would often pull a Japanese soldier's gold teeth as trophies, usually when they were still alive.

We would like to live under the illusion that "OUR" nation is more civilized than another. But, at the end of the day, the human race is monstrous and delusional at the same time. Perhaps those delusions is what helps us sleep at night.

Edwin's picture

These days, fucking barbarians. Sorry friends.


far left loon >.<

Uncle Joe Mccarthy's picture

he is going to lose his base...and very quickly

Citizen Seattle's picture

Would the two year time frame have anything to do with the Statute of Limitations?

Ferrofluid's picture

'crimes against humanity' carries a heavy penalty if somebody ever ended up in the Hague or a proper court.
They are going to be shredding records and falsifying mil/TLA records to protect the guilty.
In two years time it will be impossible to find out who ever served or did guard duty at Gitmo, hearsay from people whose minds have been destroyed will carry no weight in any US court.

Edwin's picture

If there is NO OTHER WAY but a very slow closing, could it not be made minimum security, with full rights, and ship all the torture-CIA-NSA-goon-types off the island?? Make it like a Canadian prison with broadloom, cable TV, gardens, conjugal visits, and a sports complex.


far left loon >.<

Ferrofluid's picture

Camp Bucca Internment Facility (aka concentration camp) with its 20,000 inmates being tortured and executed is far worse.

bobbquackenbush's picture

Guantanamo is only the icing on the cake, what is the “Changeling” Obama going to do with the “Black Prisons” the CIA and other agencies have set up all over the world. It isn’t just paranoia either since several countries had to pass laws forbidding them from remaining in their various countries, not just about them being established. There are a lot of disappearances throughout the world that can’t be explained as alien abductions you know.

Paul's picture

If Obama doesn't shut down GITMO and all the other concentration camps within the first few days of being sworn in, he will have become a war criminal himself. If he allows these atrocities to continue to exist, he will deserve to be prosecuted to the full extent of all national and international laws, along with all the other war criminals.

That he is even equivocating on the subject, for whatever "pragmatic", rationalized expedients he is considering, is enough for me to want to take back my vote for him. Nothing justifies the continued operation of these crimes against humanity. I am becoming ashamed of him.

DamOTclese's picture

Isn't religion just lovely?

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