Editore"s Note
Tilting at Windmills

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

May 21, 2009

OBAMA MAKES THE CASE ON GITMO.... The Senate has been reluctant to follow President Obama's lead on closing the detention facility at Guantanamo Bay. I'm assuming lawmakers were paying attention to the president's speech today.

"There is ... no question that Guantanamo set back the moral authority that is America's strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. Indeed, part of the rationale for establishing Guantanamo in the first place was the misplaced notion that a prison there would be beyond the law -- a proposition that the Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter-terrorism, Guantanamo became a symbol that helped al Qaeda recruit terrorists to its cause. Indeed, the existence of Guantanamo likely created more terrorists around the world than it ever detained.

"So the record is clear: rather than keep us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. It sets back the willingness of our allies to work with us in fighting an enemy that operates in scores of countries. By any measure, the costs of keeping it open far exceed the complications involved in closing it. That is why I argued that it should be closed throughout my campaign. And that is why I ordered it closed within one year."

Of course, that's the easiest part of the case to make.

Obama noted that this system that he's trying to clean up is a nightmare that he inherited, not one he created: "We are cleaning up something that is -- quite simply -- a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant -- almost daily -- basis, and that consumes the time of government officials whose time should be spent on better protecting our country." He added that the debate over what to do with detainees isn't the byproduct of his decision to close the facility -- it would have been necessary anyway, given court rulings under Bush.

The president went on to note the political dynamic: "Listening to the recent debate, I've heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country."

Republicans, I think he's talking to you.

Obama also took the most common of conservative talking points.

"[W]e are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders -- highly secure prisons that ensure the public safety. As we make these decisions, bear in mind the following fact: nobody has ever escaped from one of our federal 'supermax' prisons, which hold hundreds of convicted terrorists. As Senator Lindsey Graham said: 'The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational.'"

So, what happens next? Obama said there will be five groups. The first includes trying those who've have violated American criminal laws in American federal courts, something we've already done with success before. The second group will be those who've "violated the laws of war and are best tried through Military Commissions." The president said his improved legal framework will add legitimacy to the process and keep in line with the rule of, though it's clearly a debatable point. The third group is made up of people who'll be released in response to court orders. The fourth will be sent overseas.

And then there's a fifth group who "cannot be prosecuted yet who pose a clear danger to the American people," which includes those who've received training at al Qaeda training camps. Obama said, "We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don't make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified."

He was a little vague on the details. I'm not surprised -- Obama was describing a system of indefinite detention without charges. He added that his administration would submit such a system to checks and balances, and "will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution."

Good luck with that.

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share
 
Comments

Big speech covering lots of ground that would take days to deconstruct.

My favorite: 'I am not the only person in this city who swore an oath to uphold the Constitution.'


Posted by: beep52 on May 21, 2009 at 12:34 PM | PERMALINK

As long as the media built today up as a "Cheney vs. Obama" thing, where they give "equal time" to both "viewpoints", the impact of Obama's speech will be minimized.

Mission accomplished from the paranoid fringe, aided by the liberal media, I'd say.

Posted by: Joshua on May 21, 2009 at 12:37 PM | PERMALINK

The president went on to note the political dynamic: "Listening to the recent debate, I've heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country."

Republicans, I think he's talking to you.

LA LA LA LA I can't hear you ...
Nobody's hearing nothing here.
Booga booga scary brown Muslim terrists
in our communities want to kill us all.

Posted by: The National Republican Party on May 21, 2009 at 12:40 PM | PERMALINK

He was a little vague on the details. I'm not surprised -- Obama was describing a system of indefinite detention without charges. He added that his administration would submit such a system to checks and balances, and "will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution."

Good luck with that.

A little snarky today are we, Steve? Actually, I'd love to hear how you would deal with the situation in your infinite wisdom. Good Luck with that.

Posted by: oh well on May 21, 2009 at 12:41 PM | PERMALINK

As long as the media built today up as a "Cheney vs. Obama" thing, where they give "equal time" to both "viewpoints", the impact of Obama's speech will be minimized.

Actually, as I understand it, the Obama administration wanted this "show down" built up by the media. That's why soon after Cheney booked the date for his "rah rah keep Gitmo open speech", the Obama's announced a speech on the subject the very same day.

Posted by: oh well on May 21, 2009 at 12:45 PM | PERMALINK

I'm glad Obama took on the Republican fear-mongering head on.

I also remain seriously angry that Senate Dems put him in that position in the first place. Dog dammit, when are they going to learn that THE WORLD HAS CHANGED?

Then again, why am I assuming most of them care about governing the country?

Posted by: PeakVT on May 21, 2009 at 12:45 PM | PERMALINK

I suspect that Obama was speaking as much or more so to the dumbocraps in the senate and house. They appear to be afraid of the demagoguery of the rethugs.

It will be interesting to see if Obama can provide facts and truths that will be sufficient to overcome the ingrained fear dumbocraps have for all bullshit deriving from the rethugs.

Posted by: AngryOldVet on May 21, 2009 at 12:50 PM | PERMALINK

I only wish that Obama wouldn't let these Repub attacks fester, with the typical Dem capitulation, before he steps in with one of his patented verbal smackdowns.
I think he'll get more attention than Cheney's speech, if only because Cheney offered nothing but empty, outdated talking points, and because Cheney looks and sounds like a bitter, angry old has-been. Not that the "liberal" media won't do everything they can to pump him up.

Posted by: Allan Snyder on May 21, 2009 at 12:53 PM | PERMALINK

The entire speech was summarized by Obama's choice of venue. In contrast to Cheney's AEI background, Obama chose "The Constitution of the United States of America" etched in marble with golden veins and gold leaf lettering.

This is what this is all about.

Posted by: tomj on May 21, 2009 at 1:05 PM | PERMALINK

oh well said:
A little snarky today are we, Steve? Actually, I'd love to hear how you would deal with the situation in your infinite wisdom. Good Luck with that.

Unfortunately, there is no legal way to deal with this situation and imprison the (few) people who can't be convicted but who are too dangerous to set free. Maybe Congress can try to amend the Constitution, but other than that . . . .

Just like there's no way to win in Afghanistan -- the Karzai government is hopelessly corrupt. Our erstwhile allies, the warlords, are corrupt and self-serving. The Taliban is unrepentant. Maybe we can get out in 20 years . . . .

Just like there's no way to avoid another financial crisis in eight or ten years. Congress won't be willing to reform the system enough to fix it and Obama is unwilling to press the issue. Maybe after the next crash . . . .

Two hopes make me feel better. First, with Dubya finally gone he can't create any more unsolvable disasters. And second, if Cheney keeps talking, eventually he'll talk himself into an orange jumpsuit and we'll get to watch him shuffle his way to prison in shackles.


Posted by: SteveT on May 21, 2009 at 1:05 PM | PERMALINK

"Republicans, I think he's talking to you."
The senate vote was 90-6. I've heard just as many dems spouting dumb shit as repubs. He's talking to all of us

Posted by: red on May 21, 2009 at 1:10 PM | PERMALINK

I've heard just as many dems spouting dumb shit as repubs.

Well, Harry Reid, anyway.

Posted by: Gregory on May 21, 2009 at 1:23 PM | PERMALINK

Didn't a federal judge just the other day rule that the Gitmo prisoners were POWs? And didn't he imply rather strongly that POW status expires at the cessation of hostilities? And isn't there at least a medium-good chance that at some point within the next few years, the enemy covered under the AUMF will no longer exist? And then won't according to this logic these people have to go free to their home countries?

Posted by: Halfdan on May 21, 2009 at 1:30 PM | PERMALINK

The "fifth group who "cannot be prosecuted yet who pose a clear danger to the American people," are obviously the people against whom there is a huge amount of evidence, all of which has been tainted by statements obtained under torture. Thanks, Bush/Cheney, for guaranteeing that they could never be convicted.

Posted by: T-Rex on May 21, 2009 at 1:31 PM | PERMALINK

Outstanding speech - truly brilliant from end to end.

My only quibble - Obama: "But nothing will contribute more than that than an extended relitigation of the last eight years. "

Relitiga-mamasayswhat? I must have been asleep when the first litigation happened.

Posted by: Ohioan on May 21, 2009 at 2:23 PM | PERMALINK

Expanding a little bit:

Obama: "And it's no secret that our media culture feeds the impulse that leads to a good fight and good copy. But nothing will contribute more than that than an extended relitigation of the last eight years."

OK - but the solution is media reform, and not shying away from litigating the last eight years.

Posted by: Ohioan on May 21, 2009 at 2:26 PM | PERMALINK

"And then there's a fifth group who "cannot be prosecuted yet who pose a clear danger to the American people," which includes those who've received training at al Qaeda training camps. Obama said, "We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don't make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified."

He was a little vague on the details. I'm not surprised -- Obama was describing a system of indefinite detention without charges. He added that his administration would submit such a system to checks and balances, and "will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution."

Good luck with that."

This falls under the saying made famous by Colin Powell: "You break it, you own it."

You got two options:

1. Keep these people indefinitely without charges and sacrifice the foundation upon which this country was built. -or-

2. Maintain the integrity of this country, release them and then do your best to recapture and convict them using legally obtained evidence.

Option 2 actually requires some (I would argue minimal) sacrifice by the American people. If so, it would be the first time the citizens of this country (other than those serving in the military and intelligence agencies) have been asked to anything (other than shopping) for the "War on Terror."

Posted by: bdop4 on May 21, 2009 at 2:40 PM | PERMALINK

good point, bdop4.

Posted by: karen marie on May 21, 2009 at 2:57 PM | PERMALINK

bdop4, @ 14:40

There's a variant of your #2 option which, by channelling my inner Cheney and remembering my youth spent in a commie country, I can see quite easily: release them, track them and take them out quietly. No fuss, no muss, no trials, no nothing.

Posted by: exlibra on May 21, 2009 at 4:08 PM | PERMALINK

The more I think about reid and his public accusations that Obama doesn't have a plan for closing gitmo and that he is disorganized ( or whatever reid was trying to say) the madder it makes me. What a weasel. If Congressional Dems needed more information, or more time, they should have delayed a bill. I can't believe our welfare is in the hands of these incompetents who are interested only in covering their backsides so they can get re-elected to do nothing some more.

Posted by: CDW on May 21, 2009 at 4:30 PM | PERMALINK

The vast majority of you people scare the hell out of me. Release the detainees and try to recapture them using "legally obtianed methods" (like, entrap them with an innocent person, as just as they are about to behead him / her...we grab 'em!)? The Bush Administration was fear-mongering (ever read up on the history of Islamic terror BEFORE 9-11)? Do any of you remember that the detainees are actually prisoners-of-war (hooray for the recent judicial ruling!)? You're always so keen to demonize the opposing side as a bunch of ignorant racist fascists but I am convinced that a lot of you don't get out much. Oh and Obama's use of the U.S. Constitution as just another prop is another vindication of my opinion of him as a poser (and a whiney one at that!).

Posted by: Deb on May 21, 2009 at 6:08 PM | PERMALINK

The teleprompter lied.
And Bush made him do it.

Posted by: teehe on May 21, 2009 at 6:10 PM | PERMALINK

Read Glen Greenwald on Salon.com right now; this whole Obama v Cheney is a strange farce (although I don't know what a normal one would look like): The B.O. admin, much to the surprise of the courts, is fighting to retain the right to torture; to indefinite suspension; to extradition--basically to the whole grab bag of unconstitutional goodies we Dems supposedly hated Cheney for, but have become complacent and silent now that "our guy" is doing it. There is no difference between these two in terms of what they are signing off on--just in how they like to put it. In terms of MSM, only Rachel Maddow is noting that Obama and his DOJ are in the courts right now fighting to retain all of these illegal practices.

Posted by: Mima on May 21, 2009 at 6:34 PM | PERMALINK

"A little snarky today are we, Steve? Actually, I'd love to hear how you would deal with the situation in your infinite wisdom. Good Luck with that."

That's right, not having a viable alternative of his own automatically invalidates Mr. Benen's critique.

*eyeroll*

Posted by: Shade Tail on May 21, 2009 at 8:31 PM | PERMALINK

Obama is prepared for battle.

He fully understands opposition to his leadership will constantly look to challenge him on just about everything. It now comes even from within his own party. But that's politics. He's however, smart with much political savvy-- and ready to take them on. I am ready for the drama!http://www.youtube.com/watch?v=RYkUXOvxs4w

Posted by: Lenore on May 21, 2009 at 10:55 PM | PERMALINK

Funny how Obama didn't point out the almost total bipartisanship of Republicans and Democrats in the Senate in regard to his lack of Gitmo plan. Senate & Republican Democrats are almost unanimous in their rejection of what "The ONE" wants to do. Of course, we had to listen to another blame Bush, blame America speech in which he poses as morally superior to the rest of us that think that water up the nose of a murdering terrorists is perfectly legal and fine and dandy to save the lives of our fellow Americans and maybe the lives of our own families. And finally Mr. President come up with a plan to close Gitmo that doesn't bring those murdering terrorists into the U.S. where they can kill our loved ones. I'd say put them all in Patrick Leahy's Vermont or your own home in Chicago, but that's out unless you will guarantee they will limit their killing to that state or that city? No gurantees....then Congress needs to know that if they let you bring just one of those murdering terrorist into this country they will lose their jobs!

Posted by: valwayne on May 22, 2009 at 1:02 AM | PERMALINK




 

 

Read Jonathan Rowe remembrance and articles
Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

Advertise in WM



buy from Amazon and
support the Monthly


Place Your Link Here

--- Links ---

Boarding Schools

Addiction Treatment Centers

Alcohol Treatment Center

Bad Credit Loan

Long Distance Moving Companies

FREE Phone Card

Flowers

Personal Loan

Addiction Treatment

Phone Cards

Less Debt = Financial Freedom

Addiction Treatment Programs