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#1 Obama orders resumption of military commissions Guantanamo

Posted: Tue Mar 08, 2011 3:14 am
by The Minx
Link
Washington (CNN) -- President Barack Obama announced Monday that the United States will resume using military commissions to prosecute alleged terrorists held at the Guantanamo Bay, Cuba, detention facility.

In the announcement, the president said his administration remains committed to closing the controversial detention facility but will rescind its previous suspension on bringing new charges before military commissions. The commissions are military proceedings rather than trials in civilian courts.

Obama also called for prosecuting Guantanamo detainees in U.S. criminal courts when appropriate, and issued an executive order calling for periodic reviews of suspects held under indefinite detention.

The steps followed through on Obama's previous call to reform the process of prosecuting or holding Guantanamo detainees to make it more in line with international laws and standards, according to senior administration officials who briefed reporters on condition of not being identified by name.

However, the American Civil Liberties Union and the Center for Constitutional Rights both criticized the administration for what they called institutionalizing indefinite detention of terrorism suspects who have yet to be formally charged or designated for transfer to another country, but are considered too dangerous to set free.

"The creation of a review process that will take up to a year -- designed to be repeated every four years -- is a tacit acknowledgment that the Obama administration intends to leave Guantanamo as a scheme for unlawful detention without charge and trial for future presidents to clean up, despite the fact that senior officials acknowledged today that keeping the prison open continues to hinder our national security in the long run," the constitutional rights center said in a statement.

Democratic Rep. Jerrold Nadler of New York also called the administration's announcement disappointing, saying the Guantanamo facility is a "blot" on U.S. national honor.

Noting that Congress passed a law prohibiting the transfer of Guantanamo detainees for trial in the United States, Nadler said that "as a result, the administration has turned to the legally dubious military commissions to try these suspects."

Established in response to the September 11, 2001, terrorism attacks on the United States, the Guantanamo Bay facility has been a lightning rod for criticism of the U.S. handling of terrorism suspects.

Under the Bush administration, allegations of mistreatment of detainees, including harsh living conditions and denying them full U.S. legal rights, led to the facility becoming a recruiting tool for terrorist groups such as al Qaeda, U.S. officials say.

Obama previously pledged to close the Guantanamo Bay facility within a year of taking office in January 2009, prompting criticism from conservatives. In addition, his administration has sought to prosecute some high-profile detainees -- such as alleged September 11 mastermind Khalid Sheikh Mohammed -- in civilian courts on the U.S. mainland, which drew widespread opposition that crossed traditional party lines.

The Guantanamo facility remains open today due to legal complexities involving the status of some detainees and congressional opposition to holding trials for high-profile suspects in U.S. criminal courts.

Shortly after Obama's announcement Monday, Defense Secretary Robert Gates announced the withdrawal of his prior suspension of new charges before military commissions.

Gates cited reforms of the military commissions under a 2009 law, and he and Joint Chiefs of Staff Chairman Adm. Mike Mullen both expressed support for also using civilian courts to prosecute terrorism suspects.

"For reasons of national security, we must have available to us all the tools that exist for preventing and combating international terrorist activity, and protecting our nation," Gates' statement said. "For years, our federal courts have proven to be a secure and effective means for bringing terrorists to justice. To completely foreclose this option is unwise and unnecessary."

Congressional Republicans -- including Senate Minority Leader Mitch McConnell of Kentucky, House Judiciary Committee Chairman Lamar Smith of Texas, House Armed Services Committee Chairman Howard "Buck" McKeon of California and House Homeland Security Committee Chairman Peter King of New York -- welcomed the renewal of military commissions.

However, McKeon and House Intelligence Committee Chairman Mike Rogers of Michigan criticized Obama for acting on his own instead of working out a policy with Congress.

Rogers said he was "disappointed the White House chose to put another Band-Aid on this problem, rather than working with Congress to develop the comprehensive and long-term legislative framework we need."

McKeon also questioned what the steps announced Monday mean for high-profile detainees such as Mohammed and other September 11 conspirators.

The senior administration officials refused to comment on any individual cases. They said they expected new charges against Guantanamo detainees to be filed with military commissions soon, perhaps within days or weeks, and noted that the Obama administration had transferred 67 detainees to third countries so far, leaving a total of 172 in the facility.

In addition, the senior administration officials said they would try to repeal the law that prevents the transfer of Guantanamo detainees for trial in the United States.

"Military commissions should proceed in cases where it has been determined appropriate to do so," the administration said in an information sheet issued Monday. "Because there are situations, however, in which our federal courts are a more appropriate forum for trying particular individuals, we will seek repeal of the restrictions imposed by Congress, so that we can move forward in the forum that is, in our judgment, most in line with our national security interests and the interests of justice."
I thought that Obama had been elected to among other things NOT do exactly this. Never mind that some of the people there have been held without trial for ten years now, now they're going to be tried by a military commission, and are not going to get their day in court.

The Minx is not happy. :mad:

#2

Posted: Wed Mar 09, 2011 12:17 am
by frigidmagi
Here's a disagree I have with... Everyone. There's nothing inherently wrong with the idea of Military Commissions. Let me get into my reasoning.

These men for the most part are not US residents or citizens. These men for the most part, did not commit a crime on US soil. Therefore it is my view that the civilian courts of the US do not have any jurisdiction over them and to insist that they do is an bit of dangerous imperial overreach.

Those who are US citizens/residents or committed crimes on US soil should of course go into the court system. That's why we have one. Why reinvent the wheel?

These men should be considered and treated as POWs, with the attendant rights of that status. Yes, they are unlawful combatants, but if we're not going to administer field punishment (which we shouldn't, it would cause more damage then it would fix) then we should behave by the rules and regulations of war. Much of our problems would have been avoided if we had done this from the beginning and much of our problems will be eased if not solved if we go back to this. We should do exactly what we've been saying we want the rest of the planet to do. This is not to much to ask and if it is... Then we should stop asking.

I have no problem with a military commission provided it operates under the laws that our service members have to face. That means compenent representation and an understanding of the charges along with clearly outlined rules of evidence. This last part? That's the rub, I'm not sold that that's what the prisoners get.

My hope is that the President at the very least fixed the problems of the last set of commissions. But this is a slender hope.

#3

Posted: Wed Mar 09, 2011 12:26 am
by SirNitram
With no budget emerging from the House allowing a penny for ending Gitmo, this was inevitable. I will await the opinion of those who are actually looking at the constitutional law around them, not those who are now leaping and grabbing the 'AS BAD AS BUSH' lever and yanking.

#4

Posted: Wed Mar 09, 2011 12:28 am
by frigidmagi
A pity to, there was a town in Michigan jumping up and down to take them, their max security prison got closed down and they needed to keep the jobs. I have a feeling that town no longer exists.

#5

Posted: Wed Mar 09, 2011 2:33 am
by The Minx
Part of the problem is that they're not being classed as prisoners of war, yet they're not getting a civilian trial either. Besides, many probably were simply in the wrong place at the wrong time.

#6

Posted: Wed Mar 09, 2011 10:20 am
by frigidmagi
I doubt that anywhere close to large number of them were simply innocent lambs who were in the wrong place at the wrong time. That said... Well without something to sort them we have no damn way to prove either of us wrong do we?

#7

Posted: Wed Mar 09, 2011 6:24 pm
by The Minx
frigidmagi wrote:I doubt that anywhere close to large number of them were simply innocent lambs who were in the wrong place at the wrong time. That said... Well without something to sort them we have no damn way to prove either of us wrong do we?
Exactly, but are these military commissions going to give fair representation to them?

#8

Posted: Wed Mar 09, 2011 7:08 pm
by frigidmagi
Well, what are the rules of the commission? Do they get a legal representative? Can they present their own evidence? Do admissions obtained under torture count? This is the kind of stuff we need to know I think before we can declare the commissions good or bad.

#9

Posted: Wed Mar 09, 2011 7:53 pm
by Batman
Copied from SDN

Now I don't personally know how reliable that source is, but the fellow posting it is someone who I respect and frankly, it is depressingly in line with the way the US has been handling the whole scenario so far.

#10

Posted: Wed Mar 09, 2011 7:55 pm
by frigidmagi
Well that's not Gitmo but if the commission follows the rules there, that would be depressing and I would be forced to be opposed to it.

#11

Posted: Wed Mar 09, 2011 8:17 pm
by Batman
The fact that it took them a decade to bother handling it to begin with isn't exactly encouraging.