by Damozel | Though he plans to issue on his first full day in office the executive order that will ultimately shut down Guantanamo Bay, the actual process is likely to take a year or so. (NYT) Transition officials evidently say that plans are on track to suspend immediately the Bush administration’s military commissions system for trying detainees. (NYT) But then what happens?
Tired though I already am of the word "bipartisan," I admit to feeling little surprise that some are predicting that administration of the process may take several months. There are a lot of things that have to be decided. If Bush's process is abandoned, Obama's people need to decide what should take its place.
In formulating their policy in recent weeks, Obama transition officials have consulted with a variety of authorities on legal and human rights and with military experts. Several of those experts said the officials had expressed great interest in alternatives to the military commission system, like trying detainees in federal courts, and appeared to have grown hostile to proposals like an indefinite detention law.
Catherine Powell, an associate professor of law at Fordham, said transition officials appeared most interested at a meeting last month in showing international critics that they were returning to what they see as traditional American legal values.
“They are really looking for tools that we have in our existing system short of creating an indefinite detention system,” Ms. Powell said.
Mark P. Denbeaux, a Seton Hall law professor who has been a prominent lawyer for Guantánamo detainees, said that at a briefing he attended with senior officials of the transition last month the officials seemed to have decided to suspend the military commissions immediately.
“Their position is they’re a complete and utter failure,” Mr. Denbeaux said. (NYT)On ABC's "This Week," Obama said --- and he's not wrong ---
Obama also said he was trying to develop a process that "adheres to rule of law" but "doesn't result in releasing people who are intent on blowing us up."
"I think it's going to take some time and our legal teams are working in consultation with our national security apparatus as we speak, to help design exactly what we need to do," Obama said.
"But I don't want to be ambiguous about this. We are going to close Guantanamo and we are going to make sure that the procedures we set up are ones that abide by our Constitution," he said. (CNN)
Hilariously, Bush said:
Because: exactly. Among intelligent people who understand concepts such as "rule of law" and believe in America's duty to lead by example, our moral standing has been damaged. Even realizing that Republicans have done their all to turn "elite" into a term of opprobrium, it still means what it always meant.
Anyway: Lara Jakes at Associated Press provides an overview of the issues which Obama must decide, including the difficult problem of process.
Many of the Guantanamo detainees are cleared for release, and others could be sent back to their native countries and held there. But many nations have resisted Bush administration efforts to repatriate the prisoners back home. Both Obama advisers said it's hoped that nations that had initially resisted taking detainees will be more willing to do so after dealing with the new administration.
What remains the thorniest issue for Obama, the advisers said, is what to do with the rest of the prisoners — including at least 15 so-called "high value detainees" considered among the most dangerous there.
Detainees held on U.S. soil would have certain legal rights that they were not entitled to while imprisoned in Cuba. It's also not clear if they would face trial through the current military tribunal system, or in federal civilian courts, or though a to-be-developed legal system that would mark a hybrid of the two.
Jeralyn, never a great fan of Obama's, doesn't see why there is a need for any delay.
Vague and indefinite orders with no bite won't cut the mustard. As I wrote earlier, this isn't rocket science. It's as easy as 1-2-3:
Secure safe haven for those who cannot, and
Charge those who can be charged and try them in ordinary federal criminal court.
Steve Benen says:
That said, the sooner Obama gets to work on this, the better. Issuing an order on Guantanamo on his first day would, at a minimum, send the right signal, and get the process -- a process -- underway.
BooMan points out:
I don't support releasing them, but I am also glad they will not be put through the flawed Military Commissions process and that they will not be detained without process. I hope the Obama Team can come up with a solution we can be proud of, or at least live with. There are no good options that I can think of.
For progressives impatient to see the promised changes implemented sooner rather than later, The Talking Dog has some solid advice.
Memeorandum has more blogger round-up.
RECENT BUCK NAKED POLITICS POSTINGS
Comments