Obama Orders Halt to Prosecutions at Guantánamo
After having read this article, I have hope in the promises made by President Barack Obama. Within hours of taking his oath, he has made the first of what I hope are many, noble decisions that help to heal our nation. Thank you Mr. President!
From as article dated January 21, 2009, in The New York Times, written by William Glaberson:
In the first hours of his presidency, President Barack Obama directed an immediate halt to the Bush administration’s military commissions system for prosecuting detainees at the detention center at Guantanamo Bay, Cuba.
Notice of the decision came in a legal filing in Guantanamo by military prosecutors just before midnight Tuesday. The decision, which had been expected as part of Mr. Obama’s pledge to close the detention camp, was described as a pause in all war-crimes proceedings there so that the new administration can evaluate how to proceed with prosecutions.
Among other cases, the decision will temporarily stop the prosecution of five detainees charged as the coordinators of the Sept. 11 attacks, including the case against the self-described mastermind, Khalid Shaikh Mohammed.
Later this week, the new administration is expected to issue an executive order that is to start what could be a long process of closing the detention camp, where about 245 detainees remain.
According to The Associated Press, the White House has begun circulating a draft that says the closing of the facility “would further the national security and foreign policy interests of the United States and the interests of justice.”
Some Pentagon officials said it was not clear that the new administration would conclude that it should entirely abandon the military commission process, where 21 cases are pending and three detainees have been convicted of war crimes. The draft obtained by A.P., however, says that while some of the detainees currently held at Guantanamo would be released, others would be transferred elsewhere and later put on trial under terms to be determined.
The draft states that “the detention facilities at Guantanamo for individuals covered by this order shall be closed as soon as practicable, and no later than one year from the date of this order.”
The prosecution filing Tuesday said the order came from the Secreatary of Defense, Robert M. Gates, “by order of the president.” It described the halt in all proceedings as designed “to permit the newly inaugurated president and his administration time to review the military commission process, generally, and the cases currently pending before the military commissions, specifically.”
The suspension had been expected because, as a candidate, Mr. Obama described the military commissions as a failure and suggested that he may decide to prosecute detainees in existing courts. The military commissions have been criticized as lacking in the basic protections of the American justice system and have been plagued by legal and practical difficulties since the Bush administration first announced its plan for prosecution in the months after the 2001 attacks.
The chief military prosecutor at Guantanamo, Col. Lawrence J. Morris of the Army, said in an interview that the pause in the proceedings would provide for a calm and efficient review of the process.
“I’ve very confident that an open minded, vigorous review will be good for the process and if any changes are made, it will yield a still better process on the other end,” Col. Morris said.
Several officials of the new administration have said in recent weeks that if the military commissions were continued, it would only be with changes providing more legal protections for detainees. One controversial provision of the current system that would be amended, several of them said, permits the introduction of statements coerced from detainees through what the Bush administration called enhanced interrogation methods.
The senior Pentagon official for the military commissions said last week that one detainee had been tortured at Guantanamo, and critics have long asserted that many detainees held at Guantanamo and in the secret C.I.A. prisons were tortured. The Bush administration asserted until its final days in office that it did not torture detainees.
Mr. Obama had suggested during the campaign that, in place of the military commissions, he would prefer to see prosecutions in federal courts or, perhaps, in proceedings in the existing military justice system, which provides legal guarantees similar to those of American civilian courts.
One person who had been read a transition memorandum on the subject said that the memo described the new administration as favoring federal court prosecution and stated that military commissions would remain in place during a review process if legal teams conclude that there are unforeseen difficulties in continuing prosecutions in existing American courts.
Critics of the Bush administration’s detention policies greeted the halt to the legal proceedings as an encouraging sign, but several reacted warily because there had not yet been a definitive order directing the closing of the camp.
Amnesty International said it “hopes that today’s announcement is a sign that the U.S. government will reject, once and for all, the past U.S. policies that have caused so much damage to human rights and the rule of law.”
The Tuesday decision will bring an immediate halt to the trial scheduled to begin on Monday of the only Canadian detainee, Omar Khadr, who was 15 when he was first detained. Mr. Khadr is charged with killing an American soldier during a firefight in Afghanistan in 2002. His case has drawn international attention, in part because his lawyers have argued that the case violated international prohibitions on the prosecution of child soldiers.
From Guantanamo, Mr. Khadr’s military defense lawyer, Lt. Cmdr. William C. Kuebler, said he welcomed the news. “This young man’s ordeal has gone on long enough,” he said, “and the U.S. can begin restoring its reputation by following international law requiring former child soldiers such as Omar to be treated as victims entitled to opportunities for rehabilitation and social reintegration, rather than as adult ‘war criminals.’”
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If only Amnesty International would convince Osama not to fly planes full of civilians into buildings.
If only Amnesty International would convince Islamic terrorists not to drive truckloads of explosives into civilians.
If only Amnesty International would convince Islamic terrorists not to wear explosive vests into buses and coffee shops.
"the U.S. can begin restoring its reputation by following international law requiring former child soldiers such as Omar to be treated as victims"... sending a strong message to terrorists that they can use children as weapons with impunity.
see this blog proves that the time is incorrect because it was apparantly posted at 2:02pm and the time right now is only 12:31pm
Rational - The legal definition of the word justice:justice n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which EVERY person receives his/her/its due from the system, including all rights, both natural and legal
The rounding up and detention of people of race, color, religion, ethnicity, denial of Federal/human rights and subsequent torture of the forementioned is NEVER alright!! Should all white people be detained because one white commits a horrible crime? Should all Christians be detained because one Christian shoots another? Should law-abiding Muslims be put in prison indefinitely due to the actions of a handful? I can't believe I am having to ask these questions??????
Regardless of the guilt of anyone, torture is never ok...it is way beneath the dignity that God expects from us
wow, Observer, we agree finally
I have been saying that since blacks have quotas in hiring, contracting and school admissions
we ought to have the same in jailing
jail only so many every year
then randomly jail whites in their place as a paen to affirmative action
Funny that some of the other people (besides the first commenter, above) who oppose the suspension of the military prosecutions of Guantanamo prisoners are the Guantanamo prisoners who are being prosecuted.
They want to be martyrs. They understand that the best thing the U.S. can do for their cause is to keep Gitmo open and to prosecute, convict and put them to death through a Military Commission process that strips away rights long recognized as fundamental to the western system of justice. They can think of no better recruiting message than that.
I say try these creeps in federal court. If we can't convict due to lack of evidence or simply because of procedural errors then so be it and let's do it better next time. Doing that with the chance that a few of these thugs will go free is superior to giving them what they want and losing the larger battle. The new president recognizes that yielding to expediency is costing us a great deal and is using good judgment to stop the process and put in motion the shutdown of the Guantanamo prison.
This blog uses Central Time. I'm not sure why but that's what the problem is.
common_rascist posts again
Miuwtant, You make a good point where martyrdom is concerned. I do not want it at my hands so as an American who enjoys the freedom I DO have here, I must speak up against the injustice of Guantanamo. It is my duty.
The problem is, the due process of our legal system has been severely corrupted, has violated the rights of many innocent people as well as the guilty (yes, we are supposed to protect the civil rights of the accused), detained there. This ultimately erodes the process for the rest of us. New laws, via The Patriot Act, in the name of fighting terrorism, has undermined our Constitution, Bill of Rights and the Declaration of Independence.
Guantanamo is the fruit of a rotting tree. With the help of the Holy Spirit, perhaps President Obama can now cut off this dead branch and throw it in the fire...
If only Amnesty International would convince Christian terrorists not to drive truckloads of explosives into civilians such as Oklahoma City or stop bombing abortion clinics.
common_sense: Regarding your last line; can we start with you?
steely,
Amen, brother. A night in jail might give him something to think about besides how whites are getting the shaft and keep him away from Sean Hannity.
Thank God! That place needs to be shut down as a disgrace to America & left as a reminder of what happens when power goes unchecked, rights are violated & racism runs rampant. Oh, wait... are we talking about Japanese internment camps?
We seem to have short memories. Justitia omnibus!
I really appreciate the aging process. It isn’t ANYTHING like I had imagined. Granted, I’m only in my 50’s so the whole physical thing has not kicked in yet, but I have lived long enough to have built a storage facility in my head that I can use as a kind of gauge. Another thing I am so happy about is that the US Presidency is, currently, limited to 8 years. Just as we got to the precipice we have been given the opportunity to pull ourselves back from the brink (although I do not deny that a number of the forerunning issues have already plunged into the abyss), but Gitmo has always been such a dirty, festering carbuncle just over our hearts and now it has been lanced. Of course now it needs Rx and PAX but action is better than stagnation. I feel a ray of hope that was not with me on Monday. Hail to the President!
By the way, for me the time at the moment is 9:45PM EST
After posting the above, the time was listed as 8:45PM, so that means the server is somewhere in the midwest...maybe the blog cops are there too...would answer a lot of our questions regarding conservative censorship...I grew up in Wisconsin
mb - thanks for the transparancy and reflection on 50. I too am just on the other side of 50 and I can relate to having witnessed much in the way of transition in our history. Iraq is a cold reminder of Viet Nam, hemlines have made the full circle and the black/white issue is now creeping it's head to a Muslim/??? issue. I was very moved when I saw Jesse Jackson cry at the acceptance speech of just elected Barack Obama. I didn't need any explanation...It is really nice to be able to share that hope you have and say "Hail to the President"!
Rolandmc: You are reaching way back to find examples of "Christians" doing such things, and unfortunately for you, the effort completely fails when "Christians" roundly and loudly opposed the OKC bombing and abortion clinic bombings. In addition, "Christians" put pressure on those members of their flock who leaned that direction and you will have a hard time finding a "Christian" that does such things today.
On the other hand, there are plenty of people claiming to be "Islamic" who are terrorizing today, and the vast majority of Islamic people and nations either support them, or quietly let them do their business.
Observer, do you have evidence that the US is picking innocent people up off the streets and hauling them to Guantanamo for torture?
We are fighting a war where the enemy does not wear uniforms, does not claim allegiance to any specific country, and is willing to target civilians for maximum casualties. They are not covered by the Geneva convention, so your concept of justice is out of synch with reality.
The only way to catch these people is with intelligence. Not police, subpoenas, door-knocking, polite requests, and traditional law enforcement, but rather, CIA, NSA type intelligence. If we tried to treat them like common criminals (which they are not), we would have to expose our intelligence apparatus, which would give them a huge advantage in their quest to kill your wife, children, and family. Until you get that, you are working on their side.
Rational: What are the average people on the streets of any Middle Eastern country supposed to do about Terrorists? Capture them themselves? It's not like the fanatics are just walking around in broad daylight asking random passerby where the nearest "Terrorist Club Meeting" is at. What have you done about the KKK? Why hasn't everyone here done something about that problem?
Birch,
The answer is he has done nothing about rascism. His own compatriot, common_sense, has posted patently bigoted comments here online in the last couple of days and the rational one has completely ignored them. If such comments fit within his political views then they must be OK, I guess. His silence on this issue is quite telling.
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On the question of using the criminal justice system or something just like it to prosecute captured terrorists.
There is no reason at all that a sytem of justice cannot be developed which will allow us to prosecute captured terrorists within the boundaries of traditional western concepts of justice. Intelligence sources and methods can be protected; the U.S. justice system already has a way to do this. If we are so fortunate as to locate them in their lair and they resist enough to activate the approved rules of engagement then the whole process could be bypassed...you can't try a corpse.
But if we capture them then we need to follow rules or we become like them. Under no circumstances should we support their cause by stooping to their level. Until you get that you are working on their side.
Birch,
Q: What are the average people on the streets of any Middle Eastern country supposed to do about Terrorists?
A:
1) The first thing they can do is stop cheering when our planes are flown into our buildings.
2) They can go to the streets calling upon their governments abolish Jihadists, and actively pursue them.
3) They can go to the media/internet/etc saying they are opposed to Jihadists and those who use violence to achieve their political goals
4) They can turn in Osama and his crew rather than hiding them.
5) They can use civil disobedience to change those governments that sponsor terrorism and establish Democratic rule
We do not allow the KKK to lynch people any more do we?
Suicide car bomb kills 14 in Somali capital
24 Jan 2009 11:31:30 GMT
Source: Reuters
(Adds quotes, details)
By Abdi Guled
MOGADISHU, Jan 24 (Reuters) - A suicide car bomb aimed at African Union (AU) peacekeepers in the Somali capital missed its target and killed 13 civilians and a policeman on Saturday.
Islamist insurgents have been battling the country's Western-backed interim government since the start of 2007, and have stepped up attacks since the administration's Ethiopian military allies withdrew from Mogadishu this month.
Abdifatah Shaweye, the city's deputy governor, told Reuters that policemen stationed near an AU base opened fire on the bomb-laden car as it approached, after which it crashed and blew up. Thirteen civilians and a policeman were killed, he said.
"I could see smoke rising near the AU base," witness Abbas Farah said. At least 30 people were wounded, doctors said.
The spokesman for the small AU force AMISIOM, Major Barigye Ba-hoku, said no peacekeepers had been hurt. "That opposition group has massacred only innocent Somali people," he said.