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At a loss to explain Gitmo policy

Posted: March 13, 2011 - 5:30pm

WASHINGTON — It was another important moment in the education of Barack Obama. 

He began his presidency with a pledge to close the military prison at Guantanamo Bay within a year. Within months, he realized that was impossible. And now he has essentially formalized George W. Bush’s detention policy. 

With the announcement that the Obama administration would resume military tribunals at Gitmo, conservatives rushed out triumphant I-told-you-sos. Liberal supporters again felt betrayed. Administration officials had some ’splainin to do. 

And so they assembled some top-notch lawyers from across the executive branch and held a conference call Monday afternoon with reporters. The ground rules required that the officials not be identified, which was appropriate given their Orwellian assignment. They were to argue that Obama’s new detention policy is perfectly consistent with his old detention policy. 

Not only had he revoked his pledge to close Gitmo within a year, but he also had contradicted his claim that a detention policy “can’t be based simply on what I or the executive branch decide alone.” His executive order did exactly what he said must not be done, in a style favored by his predecessor in the Oval Office. 

“This detention without trial — what’s different from the Bush administration?” a French reporter from Le Monde asked on the call. 

Good question. The answer, from the Anonymous Lawyers, was technical: “We have a much more thorough process here of representation. ... There’s an opportunity for an oral presentation to the board.” 

CBS’ Jan Crawford was not impressed with this answer. “What specifically is different in this than what we were living under that was so bad in the Bush administration?” she asked. 

Anonymous Lawyers replied that cases would be reviewed every six months instead of every year. They also spoke about their “intent to comply with Article 75 of Additional Protocol One.” 

This still wasn’t working for Yochi Dreazen of National Journal. “It seems like what is happening now with this executive order is effectively ratifying the status quo,” he said. “Is that a fair read?” 

The Anonymous Lawyers did not think this was a fair read. Over and over again, they repeated their theme: “The basic message is the National Archives speech remains the framework under which Guantanamo closure is being done.” 

Oh? Let’s review. 

Anonymous Lawyers were referring to Obama’s speech at the National Archives in May 2009. 

There, he said: “Rather than keeping us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. ... By any measure, the costs of keeping it open far exceed the complications involved in closing it. That’s why I argued that it should be closed throughout my campaign, and that is why I ordered it closed within one year.” 

It was then, too, that Obama said detention policies “can’t be based simply on what I or the executive branch decide alone. ... In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so, going forward, my administration will work with Congress to develop an appropriate legal regime.” 

In a sense, Monday’s announcement was an acknowledgment that Obama had set expectations unrealistically high during the campaign and early in his term. “The president has now institutionalized a process that a lot of his political base imagined he was going to get rid of,” said my former Washington Post colleague Benjamin Wittes, now a Brookings authority on detention policy. 

Less easy to fathom is Obama’s unwillingness to involve Congress in creating his new detention regime, as he had promised. As Obama himself argued, the procedures won’t have legitimacy without “judicial and congressional oversight.” 

The Wall Street Journal’s Evan Perez asked the Anonymous Lawyers about this during the teleconference. He pointed out that Obama, in his Archives speech, “hinted at” a court review for indefinite detentions. 

“I’m not quite sure what ... you think the president hinted at,” one of the Anonymous Lawyers answered. 

And how about working with Congress? An Anonymous Lawyer said that this was a “discretionary executive act” that is “well within the authority ... of the president.” 

Funny, that’s just what Bush’s lawyers used to say.  

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tork747
743
Points
tork747 03/14/11 - 06:35 am
0
0

Pretty easy to explain

Its pretty easy to explain the Gitmo policy if you look at it thru logic and reason instead of emotion. (which is how liberals form most of their policy ideas). Its easy to be a junior Senator on the campaign trail blasting away at the idea of endless detention and suspension of the rit of habeus corpus for terrorists. So, when you win the election and start getting "real" intel briefings from the CIA and NSA, thats when you get the total picture. Not just the talking points of the day anymore pandering to the liberal base of the party that thinks we are really the bad guys in all this. So, when the CIA and Pentagon shows you the real deal..that these are killers and cut-throats..that they want and need to kill YOU for no reason other than the fact that you are an infidel...that terrorists that have been released from Gitmo have gone back to battle and killed Americans abroad..thats when you change your mind and come to the logical and rational conclusion that these are evil evil people and need to be put away. So flying around the country preaching "hope and change" is one thing, getting the cold hard facts from people with stars on their sholders is another. Obama is doing the right thing in keeping these barbarians behind bars.

fishhead
5344
Points
fishhead 03/14/11 - 06:52 am
0
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Haven't the Republican

Haven't the Republican insurgents had a hand in making it nearly impossible to move a gitmo prisoner into the court system of the US?

tpooh51
296
Points
tpooh51 03/14/11 - 06:59 am
0
0

The true "Obummer"

The guy is a totally incompetent loser. All talk (with a teleprompter) but clueless to know how to lead. And he's NOT my president.

wolfg1
601
Points
wolfg1 03/14/11 - 08:11 am
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0

"Republican insurgents" LOL

"Republican insurgents"

LOL Fish. Same thing everyday.

I posted on here after Obama signed that executive order shortly after taking office, that it wouldn't happen. If you don't believe me, go back to the Jan 2009 archives. I think I was even willing to bet a paycheck on it.

circletrackfan
169
Points
circletrackfan 03/14/11 - 08:25 am
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0

mosssmith

Ronald Reagan

circletrackfan
169
Points
circletrackfan 03/14/11 - 08:27 am
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0

Two others

come to think of it Carter did and Obama is too bringing people together as you say.

wolfg1
601
Points
wolfg1 03/14/11 - 08:49 am
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0

Carter and Obama were both

Carter and Obama were both able to almost immediately cause the price of gas to skyrocket.

Remember...gas was $1.81 when Obama took office. Despite a short term spike in the price, I believe that's about what it averaged under Bush's 8 years.

My Brainerd Dispatch ID
0
Points
My Brainerd Dispatch ID 03/14/11 - 09:41 am
0
0

Obama dazzled the US with his speeches

and now he dumbfounds us all with his complete inability to produce even one of his promises while he campaigned.

He has been THE biggest political disappointment in my history of 40 yrs of voting. And I didn't even vote for him!

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