Detainees

If any of your loved ones are serving abroad, you might be interested to know the Obama administration, by virtue of SCOTUS's refusal of the case, just got the Supreme Court's blessing to torture. Obviously, other countries will follow our lead:

In the wake of the U.S. Supreme Court’s refusal Monday to review a lower court’s dismissal of a case brought by four British former Guantanamo prisoners against former defense secretary Donald Rumsfeld, the detainees’ lawyers charged Tuesday that the country’s highest court evidently believes that "torture and religious humiliation are permissible tools for a government to use."

The U.S. Circuit Court of Appeals in Washington, D.C., had ruled that government officials were immune from suit because at that time it was unclear whether abusing prisoners at Guantanamo was illegal.

Channeling their predecessors in the George W. Bush administration, Obama Justice Department lawyers argued in this case that there is no constitutional right not to be tortured or otherwise abused in a U.S. prison abroad.

The Obama administration had asked the court not to hear the case. By agreeing, the court let stand an earlier opinion by the D.C. Circuit Court, which found that the Religious Freedom Restoration Act – a statute that applies by its terms to all "persons" – did not apply to detainees at Guantanamo, effectively ruling that the detainees are not persons at all for purposes of U.S. law.

The lower court also dismissed the detainees’ claims under the Alien Tort Statute and the Geneva Conventions, finding defendants immune on the basis that "torture is a foreseeable consequence of the military’s detention of suspected enemy combatants."

Finally, the circuit court found that, even if torture and religious abuse were illegal, defendants were immune under the Constitution because they could not have reasonably known that detainees at Guantanamo had any constitutional rights.

The circuit court ruled that "torture is a foreseeable consequence of the military’s detention of suspected enemy combatants."

That opinion was written by Judge Karen Lecraft Henderson, who was appointed to the federal circuit court by Ronald Reagan in 1986 and to the Appeals Court in 1990 by George H.W. Bush.

The British detainees spent more than two years in Guantanamo and were repatriated to Britain in 2004 with no charges ever having been filed against them.

Eric Lewis, lead attorney for the detainees, said, "It is an awful day for the rule of law and common decency when the Supreme Court lets stand such an inhuman decision. The final word on whether these men had a right not to be tortured or a right to practice their religion free from abuse is that they did not."

"The lower court found that torture is all in a days’ work for the secretary of defense and senior generals," he added. "That violates the president’s stated policy, our treaty obligations, and universal legal norms. Yet the Obama administration, in its rush to protect executive power, lost its moral compass and persuaded the Supreme Court to avoid a central moral challenge. Today our standing in the world has suffered a further great loss."

Center for Constitutional Rights Senior Attorney Shayana Kadidal, co-counsel on the case, told IPS, "In many ways the opinion the Supreme Court left standing today is worse when one gets past the bottom line – no accountability for torture and religious abuse – and digs into the legal reasoning."

"One set of claims are dismissed because torture is said to be a foreseeable consequence of military detention," he said. "How will the parents of our troops captured in future foreign wars react to that?"



Fear of a Gitmo Planet

Sir_robin

It's hard to listen the GOP reaction to President Obama's decision to move the detainees to a nearly empty prison in Thomson, Illinois, without cringing at their statements. After the US government has tried and sentenced so many maniacs, hard-core criminals, and yes, other international terrorists, there is this feeling within the Republican party that this one prison - located on the Iowa-Illinois border, miles from civilization, with a local population who fervently welcomes the opportunity - is somehow the greatest threat to liberty today. Here's a memo the Repubs are circulating and its statements.

  • Importing terrorists from Guantanamo into the United States likely gives them more legal protections than they have now. 
  • Voluntarily bringing Guantanamo terrorists into the United States increases the chances they will be ordered released into the country.
  • Creating Guantanamo in Illinois will not appease the Democratic base.
  • Creating Guantanamo in Illinois certainly will not appease al Qaeda.
  • So who is coming to dinner? – Reviewing the Guantanamo population
  • Hasn’t the Senate clearly opposed this move?
  • At the end of the day, the President has not explained how this decision makes America safer.

It almost doesn't deserve a response, these statements are so ridiculous. But I can't help myself.

  • They have to get more legal protections, since the Bush administration started them with zero. Even if we have military tribunals, it will mean that they finally have more legal rights than they have for the past six-seven years.
  • How asinine is the statement that the US government will release detainees - which haven't been found guilty as terrorists - into the country? The really bad ones are probably not even getting the hearing. This line is really for the stupid and those fearing their own shadows.
  • No, Gitmo in Illinois will not appease Dems, but those people who elected Obama will understand that he keeps his promises - to close Gitmo's prison system.
  • No, Gitmo in Illinois will not appease al Qaeda, but it will ensure that they can't claim that the US government is running a gulag for Muslims.
  • Who's coming to dinner? Is that a racist crack? Yeah, we don't need any more brown people here. Keep 'em out of the country. Very nice attitude, guys.
  • The Senate is ruled by eunuchs who need to remember that they have a pair of balls. The original signers of the Declaration would be embarrassed to watch this spectacle. 
  • Obama has in fact explained that the United States endorses the principle of "rule of law," that to try all people under formal courts that will determine their guilt or innocence will in fact reduce the chance of more people joining terrorist groups.

Speaking of senators who lack their manhood, Sen. Lindsey "Brave Sir Robin" Graham is really standing out as a courageous example for us all. "Oh, no, Mr. President, please don't send those dangerous men to South Carolina! We just couldn't handle the stress..." What a coward.


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We Could Have Up To 2000 al Qaeda Members Visiting Illinois!

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November 16, 2009 FOX News
Congressman Kirk on GITMO detainees potentially being moved to a supermax prison in Illinois


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Gates on Gitmo Closure: 'It's Going To Take A Little Longer'

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(h/t David at VideoCafe.)

On This Week with George Stephanopoulus:

The Obama Administration is trying to engineer a soft-landing for the President's promise to close Guantanamo by January 22, 2010.

Friday morning White House officials told me that some detainees would still be in Gitmo after the deadline after this story broke in the Washington Post. And in our 'This Week' interview, Defense Secretary Robert Gates confirmed that "it's going to take a little longer" than promised to close the prison.

Here’s our full exchange:

STEPHANOPOULOS: A major story in "The Washington Post" suggesting that the president's deadline of January 22nd for closing Guantanamo will not be met. And White House officials tell me that at least some prisoners will still be in Guantanamo on January 22nd and beyond. How big a setback is that and how long will it take to finally close Guantanamo?

GATES: When the president elect met with his new national security team in Chicago on December 7th...

STEPHANOPOULOS: 2009.

GATES: ...last year, this issue was discussed, about closing Guantanamo and executive orders to do that and so on. And the question was, should we set a deadline? Should we pin ourselves down? I actually was one of those who said we should because I know enough from being around this town that if you don't put a deadline on something, you'll never move the bureaucracy. But I also said and then if we find we can't get it done by that time but we have a good plan, then you're in a position to say it's going to take us a little longer but we are moving in the direction of implementing the policy that the president set. And I think that's the position that we're in.

STEPHANOPOULOS: That's where we are. So the deadline of January 22nd will not be met?

GATES: It's going to be tough.

STEPHANOPOULOS: And -- and how many prisoners will be there on January 22nd, do you know?

GATES: I don't know the answer to that.

STEPHANOPOULOS: Is it -- but, as you said, it's going to be tough and likely will not be met.

GATES: We'll see.


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Obama denies request to drop CIA abuse probe

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An investigation into abuse of terrorism detainees won't be halted following a letter sent to President Barack Obama by seven former CIA directors. "I don't want to start getting into the business of squelching, you know, investigations that are being conducted," Obama told CNN's John King Sunday.

"I appreciate the former CIA directors wanting to look after an institution that they helped to build," Obama told CBS' Bob Schieffer in a separate interview.

Politico:

The White House’s comments on the sensitive issue have been closely watched by supporters and opponents of further investigation into interrogations some have described as torture.

In August,
Rep. Jerry Nadler (D-N.Y) urged Obama and his aides not to send signals
about what Holder should do in terms of investigating the interrogations.

“I have nothing to say to the president on this, except let Mr. Holder alone. As far as I know, they are," Nadler said at a convention of liberal bloggers and activists. “It would be….improper for the president to decide that there ought to be or ought not to be a special counsel, prosecutions or whatever.”


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Probably the most ironic -- no, make that flat-out bizarre -- aspect of Glenn Beck's ultimately successful campaign to force out Van Jones is that it was predicated on Jones' supposed indulgence in extremist rhetoric ideas.

This isn't just a matter of the pot calling the kettle black. It's more like the black hole calling the sunspot dark.

Glenn Beck's history of indulging in extremism -- not just turning a blind eye to its presence, but promoting it outright to an audience of millions -- is so deep and wide that whatever indiscretions Jones might be guilty of fade into total insignificance.

Of course, we're all familiar with the remarks that lie at so much of the root of this matter: Beck's outrageous claims that President Obama is a "racist" who has a "deep-seated hatred of white people", which prompted a largely succesful campaign by Color of Change to encourage advertisers to pull their support for Beck's Fox News program. But that, frankly, is barely scratching the surface.

Keith Olbermann has put out a plea for information about Beck's own background in outrageous remarks. Of course, all he probably needs to do is go through the C&L archives on Beck for everything he needs.

Still, what Olbermann -- and everyone else wondering how to fight back from this latest round of right-wing viciousness -- should focus on is the inordinate number of times that Beck has simply promoted extremist ideas and memes straight out of the most fringe elements of the American far right.

It goes back several years. Beck, in fact, openly promoted the John Birch Society and its "New World Order" conspiracy theories frequently when he was still at CNN Headline News. As I observed at the time:

Beck is busy building a narrative that not only opens the Pandora's Box of mass public consumption of far-right conspiracism, it also portrays the most hateful and paranoid and poisonous bloc of American politics as credible and normative.

Since joining Fox in January of this year, however, the tendency has not only intensified, it's simply gone off the rails.

Most notably, Beck has actively promoted ideas, theories, and concepts taken directly from the far-right "Patriot"/militia movement, many of which in turn derive from the ugliest sector of the right, white supremacy:

-- He "war-gamed" out an apocalytpic American future in which society has completely crumbled, leaving behind a "Road Warrior" society in which militias remained the only defenders of the remnants of white society.

-- He told his audience for several weeks running that he "could not disprove" the existence of concentration camps run by FEMA in which conservatives were to be rounded up. After a few weeks of this, he finally ran a segment that in fact did debunk these claims, explaining that in reality all of the supposed "evidence" for these camps was the product of a long-running hoax that began in the 1990s with the "Patriot"/militia movement. (He then later claimed that he had done nothing to promote these theories.)

-- He ran several segments, including one on his radio show, in which he promoted the concept of the secession of Texas from the Union. A little later, he tried to pretend he didn't agree with the concept while in fact giving a secessionist the opportunity to promote his plans to Beck's audience.

-- He regularly promoted "one world government" paranoia. This included a supposed plot to put us all on a global currency controlled by the New World Order.

-- He tried to argue that the chief cause of the sour economy was the United States' reliance on a central banking system.

-- He hosted an entire hourlong segment devoted to promoting militia-derived constitutional theories about state sovereignty.

Continue reading »


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Former Vice President Dick Cheney told Fox News' Chris Wallace that politics are driving a decision to investigate the possible torture of detainees. "I think it's a terrible decision," he said. "It's clearly a political move. I mean, there's no other rationale for why they're doing this."

WALLACE: But when you say it's not going to stop there, you don't believe it's going to stop there, do you think this will become an investigation into the Bush lawyers who authorized the activity into the top policymakers who were involved in the decision to happen, an enhanced interrogation program?

CHENEY: Well, I have no idea whether it will or not, but it shouldn't.

The fact of the matter is the lawyers in the Justice Department who gave us those opinions had every right to give us the opinions they did. Now you get a new administration and they say, well, we didn't like those opinions, we're going to go investigate those lawyers and perhaps have them disbarred. I just think it's an outrageous precedent to set, to have this kind of, I think, intensely partisan, politicized look back at the prior administration.

I guess the other thing that offends the hell out of me, frankly, Chris, is we had a track record now of eight years of defending the nation against any further mass casualty attacks from Al Qaeda. The approach of the Obama administration should be to come to those people who were involved in that policy and say, how did you do it? What were the keys to keeping this country safe over that period of time?

A full transcript of Cheney's interview is available here.

John Amato:

Hey, Dick, torturing people offends the hell out of me but I'm not a sociopath. He must be worried that if a whistleblower surfaces, he could be facing a real legal problem. I'm also sick and tired of hearing that he kept us safe for eight years AFTER the attacks.

Cheney: Those interrogations were involved in the arrest of nearly all the Al Qaeda members that we were able to bring to justice. I think they were directly responsible for the fact that for eight years, we had no further mass casualty attacks against the United States.

It was good policy. It was properly carried out. It worked very, very well.

You see, 9/11 doesn't count. Cheney and his ilk make it sound as if America was being attacked every week and once he started torturing they all magically stopped. Why was the US safe from 1993-2001, without using torture or the Patriot act? And the Trade Center bombers were all caught, but using Cheney's method Bin Laden is still free.

Chris Wallace was such a nice little puppy dog interviewer that he even asked Cheney if thought Democrats were soft on terror.

Wallace: Republicans have made the charge before, do you think Democrats are soft on National Security?

CHENEY: I do, I've always had the view that in recent years anyway that they didn't have as strong of advocates on National Defense or National Security as they used to have, and I worry about that, I think that things have gotten so partisan that the sort of the pro defense hawkish wing of the Democratic party has faded and isn't as strong as it once was.

Nice job Chris, I'm sure Cheney has sent a very nice fruit basket to your house.


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Acquittal: What's the point?

Spencer was at a Senate hearing and this is very disturbing.

Defense Department General Counsel Jeh Johnson moved the Obama administration into new territory from a civil liberties perspective. Asked by Sen. Mel Martinez (R-Fla.) the politically difficult but entirely fair question about whether terrorism detainees acquitted in courts could be released in the United States, Johnson said that “as a matter of legal authority,” the administration’s powers to detain someone under the law of war don’t expire for a detainee after he’s acquitted in court. “If you have authority under the law of war to detain someone” under the Supreme Court’s Hamdi ruling, “that is true irrespective of what happens on the prosecution side.”

Martinez looked surprised. “So the prosecution is moot?” he asked.

“No, no, not in my judgment,” Johnson said. But the scenario he outlined strongly suggested it is. If an administration review panel “determines this person is a security threat” and “for some reason is not convicted of a lengthy prison sentence, I think we have the authority to continue to detain someone” under “law of war authority” as granted by the September 2001 Authorization to Use Military Force, Johnson said. And beyond that source of authority “we have the authority in the first place.” I’m no lawyer, but that sounds a lot like Johnson is claiming inherent presidential authority from the Constitution to detain someone after he’s been acquitted in court if the president believes that person to be a security threat. [Update: I think I'm wrong about that. Johnson is claiming authority from the law-of-war construct for such detentions, and that doesn't stem from any constitutional interpretation of inherent power. Apologies.]

Oh, and Johnson also suggested that the U.S. detention facility at Guantanamo Bay might remain open after January 2010, since “you can’t prosecute some significant subset of 220 people before January.” He said the administration will continue to detain some of those Guantanamo detainees, “whether at Guantanamo or somewhere else.”

Glenn Greenwald has much more about the "Unjustice system."


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Tortured Logic II: or How To Be Tortured To Death

While I was away for almost two weeks, the ACLU and many of my blogger pals took to their keyboards and wrote about the many brutal deaths that occurred at the hands of people engaging in torture for the US. The torture issue is horrifying and the longer we get away from the Bush years, the more information the ACLU is able to gather. These documents are, in a word, vile.

The ACLU writes:

Tortured to Death

Today, several prominent bloggers are writing about detainees who died in U.S. custody, using documents released through the ACLU’s Freedom of Information Act lawsuit. We’re not talking suicide, or death by "natural causes." No, this is death as a result of torture and abuse while in custody. This effort comes on the eve of the release — we hope — of the CIA Inspector General’s report on waterboarding. (You might’ve heard last Friday that the release was delayed.)

At Salon, Glenn Greenwald writes:

The interrogation and detention regime implemented by the U.S. resulted in the deaths of over 100 detainees in U.S. custody — at least. While some of those deaths were the result of "rogue" interrogators and agents, many were caused by the methods authorized at the highest levels of the Bush White House, including extreme stress positions, hypothermia, sleep deprivation and others. Aside from the fact that they cause immense pain, that’s one reason we’ve always considered those tactics to be "torture" when used by others — because they inflict serious harm, and can even kill people. Those arguing against investigations and prosecutions — that we Look to the Future, not the Past — are thus literally advocating that numerous people get away with murder.

Marcy Wheeler focuses on the case of detainee 04-309:

Now I’m no doctor–and I definitely can’t make sense of the cardiac findings. But it sounds like "stress positions," "sleep deprivation," "walling," and "water dousing" are all leading candidates to have caused the death of 04-309.

Drational at Daily Kos zeroes in on one detainee, known as Habibullah, and the circumstances of his death.

Continue reading »


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gitmo_a1564.jpeg

Maybe this sinking feeling in my gut would go away if anyone in the Obama administration bothered to explain the specifics of why they believe indefinite detention is necessary. How can you be so sure someone is too dangerous to release, and yet not have enough evidence to prosecute them?

The Obama administration, fearing a battle with Congress that could stall plans to close the U.S. prison at Guantanamo Bay, is drafting an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations.

Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said.

After months of internal debate over how to close the facility in Cuba, White House officials are increasingly worried that reaching quick agreement with Congress on a new detention system may be impossible. Several officials said there is concern in the White House that the administration may not be able to close the facility by the president's January deadline.

White House spokesman Ben LaBolt said there is no executive order and that the administration has not decided whether to issue one. But one administration official suggested that the White House was already trying to build support.

"Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order," the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be prosecuted or released.

Big Tent Democrat and Glenn Greenwald reactions here.


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CIA Asks Judge To Keep Bush-Era Documents Sealed

thumb_mediumCIA_20bc5.jpg Why is it that, on the issues that count (Iraq, torture, FISA, secrecy), this administration is so much like the previous one? It really makes me wonder:

The Obama administration objected yesterday to the release of certain Bush-era documents that detail the videotaped interrogations of CIA detainees at secret prisons, arguing to a federal judge that doing so would endanger national security and benefit al-Qaeda's recruitment efforts.

In an affidavit, CIA Director Leon E. Panetta defended the classification of records describing the contents of the 92 videotapes, their destruction by the CIA in 2005 and what he called "sensitive operational information" about the interrogations.

The forced disclosure of such material to the American Civil Liberties Union "could be expected to result in exceptionally grave damage to the national security by informing our enemies of what we knew about them, and when, and in some instances, how we obtained the intelligence we possessed," Panetta argued.

Although Panetta's statement is in keeping with his previous opposition to the disclosure of other information about the CIA's interrogation policies and practices during George W. Bush's presidency, it represents a new assertion by the Obama administration that the CIA should be allowed to keep such information secret. Bush's critics have long hoped that disclosure would pinpoint responsibility for actions they contend were abusive or illegal.

Last month, President Obama said he would seek to bar the release of photographs being sought by other nonprofit groups that depict abusive interrogations at military prisons during the Bush administration.

Panetta argued that none of the 65 CIA documents immediately at issue, which the ACLU has sought for several years in a Freedom of Information Act lawsuit, should be released. He asked U.S. District Judge Alvin K. Hellerstein to draw a legal distinction between the administration's release in April of Justice Department memos authorizing the harsh interrogations and the CIA's desire to keep classified its own documents detailing the specific handling of detainees at its secret facilities overseas.

He said that while the Justice Department memos discussed harsh interrogation "in the abstract," the CIA information was "of a qualitatively different nature" because it described the interrogation techniques "as applied in actual operations."


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pete_50fcd.jpg

You have to hand it to those hypocritical Republicans. They are once again controlling this debate because they and their little media enablers keep changing the subject from torture to whether torture is efficient.

Is that really the debate we want to be having in the United States of America? I'm sure there are still are some immoral techniques we haven't used yet. Is it okay to start, on the off chance that they work?

Republicans ignited a firestorm of controversy on Thursday by revealing some of what they had been told at a closed-door Intelligence Committee hearing on the interrogation of terrorism suspects.

The Republicans who gave on-the-record interviews were Rep. Pete Hoekstra and Rep. John Kline.

Democrats immediately blasted the GOP lawmakers for publicly discussing classified information, while Republicans said Democrats are trying to hide the truth that enhanced interrogation of detainees is effective.

GOP members on the Intelligence Committee on Thursday told The Hill in on-the-record interviews that they were informed that the controversial methods have led to information that prevented terrorist attacks.

[...] “I am absolutely shocked that members of the Intelligence committee who attended a closed-door hearing … then walked out that hearing — early, by the way — and characterized anything that happened in that hearing,” said Intelligence Subcommittee on Oversight and Investigations Chairwoman Jan Schakowsky (D-Ill.). “My understanding is that’s a violation of the rules. It may be more than that.”

House Intelligence Committee Chairman Silvestre Reyes (D-Texas) said, “Members on both sides need to watch what they say.”

Both Schakowsky and Reyes accused GOP members of playing politics with national security.

“I think they are playing a very dangerous game when it comes to the discussion of matters that were sensitive enough to be part of a closed hearing,” Schakowsky said.

This isn't the first time Hoekstra has done this, either. From ABC News in 2007:

For the second time in as many weeks, a senior House Republican may have divulged classified information in the media.

In an opinion article published in the New York Post Thursday, Rep. Pete Hoekstra, R-Mich., reported the top-secret budget for human spying had decreased -- the type of detail normally kept under wraps for national security reasons.

"The 2008 Intelligence Authorization bill cut human-intelligence programs," Hoekstra wrote in the piece, in which he also criticized "leaks to the news media."

Formerly the chairman of the intelligence committee, Hoekstra is now its highest ranking Republican. In its recent budget authorizations, that committee kept from public view all figures and most discussion of spending on such classified items as human spying. Hoekstra's apparent slip was first noted on the liberal Web site, Raw Story.

"If Mr. Hoekstra wants to break ranks and disclose that information, that's fine with me," said Steven Aftergood, a government secrecy expert who has long pushed to declassify overall spending on intelligence. "But it is the sort of thing he has harshly criticized in the past."

Indeed, Hoekstra's penchant for openness appears to be selective. He has aggressively attacked unnamed opponents guilty of such leaking, accusing them of "recklessly and illegally" disclosing secrets "for political or other motives" in reports published by his committee.

He's even exacted punishment for suspected transgressions. Last October, Hoekstra stripped the credentials of a Democratic committee aide he believed may have leaked a then-classified document to The New York Times. A month later, he quietly reinstated the aide's access.

What do we say, boys and girls? "It's okay if you're a Republican!"


minorityreport_f6469.jpg

Well, I'm just going to say it: Obama gives a very nice speech, but his plans worry me. Ever see "Minority Report," the movie with Tom Cruise? Set in the future, he works for the Department of Pre-Crime. The police use technology to predict who will commit crimes, and they arrest them before the crimes happen.

Don't pretty this up, folks. This is exactly the position Obama expressed in his speech today, and if we keep silent simply because he's a Democrat, well, we're not doing our job as citizens of this democratic republic.

I agree wholeheartedly with what Digby said:

I know it's a mess, but the fact is that this isn't really that difficult, except in the usual beltway kabuki political sense. There are literally tens of thousands of potential terrorists all over the world who could theoretically harm America. We cannot protect ourselves from that possibility by keeping the handful we have in custody locked up forever, whether in Guantanamo or some Super Max prison in the US. It's patently absurd to obsess over these guys like it makes us even the slightest bit safer to have them under indefinite lock and key so they "can't kill Americans."

The mere fact that we are doing this makes us less safe because the complete lack of faith we show in our constitution and our justice systems is what fuels the idea that this country is weak and easily terrified. There is no such thing as a terrorist suspect who is too dangerous to be set free. They are a dime a dozen, they are all over the world and for every one we lock up there will be three to take his place. There is not some finite number of terrorists we can kill or capture and then the "war" will be over and the babies will always be safe. This whole concept is nonsensical.

The real terrorists, I'm afraid, are the self-serving hawks who promise to explode a political dirty bomb in the halls of the capitol every time someone tries to be sensible about American foreign policy and national security. They are still running things. They have always run things. And the sorry fact is that their dominance is a decades long model of bipartisan comity.

Glenn Greenwald:

So now, we're going to have huge numbers of people who spent the last eight years vehemently opposing such ideas running around arguing that we're waging a War against Terrorism, a "War President" must have the power to indefinitely lock people away who allegedly pose a "threat to Americans" but haven't violated any laws, our normal court system can't be trusted to decide who is guilty, terrorists don't deserve the same rights as Americans, the primary obligation of the President is to "keep us safe," and -- most of all -- anyone who objects to or disagrees with any of that is a leftist purist ideologue who doesn't really care about national security.

In other words, arguments and rhetoric that were once confined to Fox News/Bush-following precincts will now become mainstream Democratic argumentation in service of defending what Obama is doing. That's the most harmful part of this -- it trains the other half of the citizenry to now become fervent admirers and defenders of some rather extreme presidential "war powers."

And Will Bunch sums up:

No matter how much Obama tries to blame this on the Cheney torture policies (which created that inadmissible evidence), two wrongs don't make a right. What he's proposing is against one of this country's core principles, which is habeas corpus. No matter how many guidelines that Obama and his administration try to impose, there is nothing in the Constitution that would permit the indefinite jailing of people "who cannot be prosecuted for past crimes" but who "nonetheless pose a threat to the security of the United States" -- nor should their be. Not even if we ever do develop the mind-reading powers of a "thought police."

This is why people need to keep the pressure on Obama -- even those inclined to view his presidency favorably. Because while clearly his overall approach to torture and detention issues are "on the right track" as opposed to the very "wrong track" of Cheney and Bush, it is so easy inside the Beltway to start veering off the rails. Making people accountable for the torture and Guantanamo debacles of the Bush years requires the American people constantly holding our new president accountable, too.


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From Countdown, Keith's Special Comment after watching Dick Cheney's speech today. Keith takes former Vice President Cheney to task for defending the use of torture while refusing to accept any responsibility for his actions.

Finally tonight, as promised, a Special Comment about Mr. Cheney's speech.

Neurotic...

Paranoid...

False to fact and false to reason...

Forever self-rationalizing...

His inner rage at his own impotence and failure dripping from every word...

And as irrational, as separated from the real world, as dishonest, as insane, as any terrorist...

The former Vice President has today humiliated himself beyond redemption.

The delusional claims he has made this day could be proved by documentation and first-hand testimony to be the literal truth, and still he himself would be wrong, because the America he sought to impose upon the world and upon its own citizens, the dark hateful place of Dick Cheney's own soul, the place he to this hour defends and to this day prefers, is a repudiation of all that our ancestors, all that for which our brave troops of 200 years ago and two minutes ago, have sacrificed and fought.

I do have to congratulate you, Sir. No man living or dead could have passed the buck more often than you did in 35 minutes this morning.

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Obama: Gitmo and the torture regime were 'misguided experiments'

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President Obama displayed this morning exactly why he won the confidence of voters last year:

WASHINGTON - President Barack Obama forcefully defended his plans to close the Guantanamo detention camp Thursday and said some of the terror suspects held there would be brought to top-security prisons in the United States despite fierce opposition in Congress.

Obama spoke one day after the Senate voted resoundingly to deny him money to close the prison, and he decried "fear-mongering" that he said had led to such opposition.

He insisted the transfer would not endanger Americans and promised to work with lawmakers to develop a system for holding detainees who can't be tried and can't be turned loose from the Navy-run prison in Cuba.

"There are no neat or easy answers here," Obama said in a speech in which he pledged anew to clean up what he said was "quite simply a mess, a misguided experiment" at Guantanamo that he had inherited from the Bush administration.

Partial transcript here:

I stand here, today, as someone whose own life was made possible by these documents. My father came to our shores in search of the promise that they offered. My mother made me rise before dawn to learn their truths when I lived as a child in a foreign land. My own American journey was paved by generations of citizens who gave meaning to those simple words – "to form a more perfect union." I have studied the Constitution as a student; I have taught it as a teacher; I have been bound by it as a lawyer and legislator. I took an oath to preserve, protect and defend the Constitution as Commander-in-Chief. And as a citizen, I know that we must never – ever – turn our back on its enduring principles for expedience sake.

I make this claim not simply as a matter of idealism. We uphold our most cherished values not only because doing so is right, but because it strengthens our country and keeps us safe. Time and again, our values have been our best national security asset – in war and peace; in times of ease and in eras of upheaval.

Fidelity to our values is the reason why the United States of America grew from a small string of colonies under the writ of an empire to the strongest nation in the world.

It is the reason why enemy soldiers have surrendered to us in battle, knowing they’d receive better treatment from America’s armed forces than from their own government.

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