Think Progress

Michigan Town Rejects Liz Cheney’s ‘Fearmongering’ And Welcomes Guantanamo Detainees

Recently, the Liz Cheney-founded right-wing advocacy group Keep America Safe released a mini-documentary that features several residents of Standish, Michigan, speaking out against a possible transfer of detainees from Guantanamo Bay to a prison in the city. The video ominously warns that the transfer would turn the town into “Guantanamo North” and claims that Standish residents are dead set against moving Guantanamo detainees to their city. Watch it:

Yet, as the Plum Line’s Greg Sargent reports, the video poorly represents the views of the residents of Standish. He interviewed Standish City Manager Michael Moran, who dismissed Liz Cheney’s “fearmongering” and said the documentary was “off base“:

Standish’s City Manager tells us that local leaders and residents want the facility, and dismissed Cheney’s efforts as “fearmongering.” Cheney is “certainly not representing the views of our community,” the City Manager, Michael Moran, told our reporter, Amanda Erickson.

While some local residents do appear to have expressed mixed feelings or opposition to the plan, Moran says that they’re an isolated minority that Ms. Cheney’s video elevates out of proportion in a way that’s “off base.”

The truth is, the residents of Standish — like the residents of Thomson, Illinois — aren’t afraid of housing terrorism suspects on U.S. soil. Last month, the Standish City Council voted 6-0 in support of a resolution asking the federal government to relocate Guantanamo prisoners to their city. Moving detainees to the city would help keep their prison facility open, which would guard against “the loss of the 350 jobs provided by the [jail].”




As Conservatives Fear-Monger Over Gitmo Closure, Illinois Town Says It Would Welcome Detainees

jerryhebler2As part of the new administration’s efforts to shut down the “lawless enclave” at the Guantanamo Bay prison camp, there is discussion of possibly moving detainees from the island prison to be incarcerated stateside (just like many other terrorism suspects). One possible site being considered to house these detainees is the mostly-empty Thomson Correctional Center in the rural town of Thomson, Illinois.

The right has exploited this possible move by fear-mongering to score political points. Rep. Mark Kirk (R-IL) started circulating a letter among state officials telling President Obama, “If your Administration brings Al Qaeda terrorists to Illinois, our state and the Chicago Metropolitan Area will become ground zero for Jihadist terrorist plots, recruitment and radicalization.” Rep. Don Manzullo (R-IL) claimed that moving detainees to Thomson would make the city a “target for future terrorist activity.”

One group of people, however, that is not afraid of bringing detainees to Thomson is the residents of the city themselves. As the Chicago Tribune reports, a transfer of Guantanamo detainees to Thomson Correctional Center would be “greeted warmly” by the city’s residents, who would welcome the jobs created by such a move:

News that the federal government seems interested in transferring detainees from Guantanamo Bay, Cuba, to the Thomson Correctional Center was greeted warmly in this small, rural farm town along the Iowa border.

After holding out hope that the sprawling $145 million prison might improve the economic conditions in this remote area of the state, residents say any prisoners would be a welcomed sight.

It would help the businesses here, and God knows we could use that,” said Kay Lawton, 59, a Thomson resident. “It doesn’t matter to me who they bring here.”

“A murderer is a murderer no matter where he’s from,” [Thomson Village President Jerry] Hebeler said. “That’s the way I look at it.” [...]

“As long as it’s safe and we’re protected, I’m comfortable with it,” Hebeler said. “Maybe this is something that will put us on the map.”

CNN’s Gary Tuchman traveled to Thomson and interviewed its residents about their feelings about a possible transfer of Guantanamo detainees. He concluded that “for economic reasons, people are very much in support” of the transfer. Watch it:

In opposing the transfer of detainees to Thomson, Kirk and Manzullo are putting themselves at odds not only with job-seeking residents, but also fellow conservatives. In a joint statement prepared by the Constitution Project, David Keene, founder of American Conservative Union, Grover Norquist, president of Americans for Tax Reform, and former representative and presidential candidate Bob Barr write, “We are confident that the government can preserve national security without resorting to sweeping and radical departures from an American constitutional tradition that has served us effectively for over two centuries. … The scare-mongering about these issues should stop.”

Update Despite the fact that Kirk is now attacking efforts to bring Guantanamo detainees stateside, he voted with a majority of the House of Representatives to do just that last month.



Colbert signs petition to ‘Close Gitmo Now.’

Last week, a group of international musicians that includes Trent Reznor, R.E.M., Pearl Jam, Jackson Browne, and others joined the National Campaign to Close Guantanamo and filed Freedom of Information Act requests seeking to declassify all secret government records pertaining to how music was used in detainee interrogations in Guantanamo, Afghanistan, and Iraq. Last night, Roseanne Cash promoted the cause on The Colbert Report, where she successfully got the host to sign a petition calling for the closing of the prison at Guantanamo Bay. Watch it:




Hoekstra campaigns against detention facility that Michiganders actually want.

bilde-12Rep. Pete Hoekstra (R-MI), who is currently running for governor, has been fighting the Obama administration over its plans to close Guantanamo Bay. The Michigan Republican, who believes waterboarding is legal, is concerned that terrorism suspects from Guantanamo “could be moved to Michigan.” Indeed, it has been rumored that the administration is considering moving some detainees to a maximum security facility in Standish, MI which is slated to shut down at the end of October. As Hoekstra raises unwarranted fears about the U.S.’s ability to maintain a secure facility, the residents of Standish aren’t buying it. The Standish City Council voted 6-0 this week in support of a resolution telling the administration to relocate detainees to their prison facility:

Mayor pro-tem and council member Jerry Nelson, who wrote the resolution, said its purpose was to signal to the federal government his town’s readiness to continue discussing the possibility of transferring prisoners — whether state, federal or international — to Standish.

“We’re leaving all doors open; we don’t want to take the Gitmo option away,” Nelson told POLITICO. “This letter says we’re open to anything that keeps the prison running: It could be a federal prison for Gitmo detainees, it could house prisoners from other states, it could be sold to private ownership. We’re keeping all options on the table.”

The residents of Standish want to protect against “the loss of the 350 jobs provided by the prison.”




Rage Against Torture: Top Musicians Demand Records On How Bush Admin Used Their Songs Against Detainees

R.E.M.'s Michael Stipe and RATM's Tom MorelloIn 2004, documents were released showing that FBI agents witnessed abusive treatment of detainees at Guantanamo Bay that included “detainees being chained to the floor for extended periods of time and being subjected to extreme heat, extreme cold or ‘extremely loud rap music.’” In fact, the use of loud music as “torture lite” has been a common tool employed at not just Guantanamo, but also at prisons in Afghanistan and Iraq.

Last year, a coalition of musicians, along with British human rights charity Reprieve, created an anti-torture initiative called “Zero db” that sought to end the use of music in torture. Now, a new coalition of international musicians, including Trent Reznor, R.E.M., Pearl Jam, Jackson Browne, Rage Against the Machine, Rosanne Cash, Billy Bragg and the Roots, is launching a new protest against the use of music used during torture and are joining the National Campaign to Close Guantanamo.

As part of their protest, the musicians are supporting an effort seeking the declassification of all secret government records pertaining to how music was used in interrogations. From the group’s press release:

“At Guantanamo, the U.S. government turned a jukebox into an instrument of torture,” said Thomas Blanton, executive director of the National Security Archive, a freedom of information act organization that is assisting the musicians in seeking the documents. “The musicians and the public have the right to know how an expression of popular culture was transformed into an enhanced interrogation technique.” [...]

On behalf of the campaign, the National Security Archive is filing a series of FOIA requests today seeking still-secret documentation from CIA, U.S. Special Operations Command, and FBI, among other agencies, pertaining to how the music was chosen and the specific role it played in interrogations of detainees at the base.

For the musicians, Guantanamo is a symbol of the legacy of torture the Bush administration left behind. “As long as Guantanamo stays open, America’s legacy around the world will continue to be the torture that went on there,” said R.E.M. in a statement. “Guantanamo may be Dick Cheney’s idea of America, but it’s not mine,” said Rage Against The Machine’s Tom Morello. “The fact that music I helped create was used in crimes against humanity sickens me – we need to end torture and close Guantanamo now.”

“When we found out that music was being used as part of the torture going on at Guantanamo, shackling and beating people – we were angry,” said The Roots. “Just as we wouldn’t be caught dead allowing Dick Cheney to use our music for his campaigns, you can be damn sure, we wouldn’t allow him to use it to torture other human beings. Congress needs to shut Guantanamo down.”




ACLU Sends Defense Department Letter Requesting Information About Bagram Detainees

bagrama

Yesterday the American Civil Liberties Union (ACLU) sent a letter to the Department of Defense asking them to reconsider releasing information — such as “a list of names, citizenship, length of detention, [and] capture location” — about detainees held at the detention facility at Bagram air base in Afghanistan. The ACLU explains its decision to request the information on its “Blog of Rights“:

Today, we sent a letter to the Department of Defense (DOD), asking them to reconsider their refusal to turn over information about the detention facility at Bagram in Afghanistan. The request is connected to the Freedom of Information Act (FOIA) request we filed earlier this year with the Departments of Defense, Justice and State and the CIA for documents related to the detention and treatment of prisoners at Bagram. [...]

There is concern that Bagram has become, in effect, another Guantánamo – except with many more prisoners, less due process, no access to lawyers or courts and reportedly worse conditions. Although the nation is embroiled in an intense public debate about U.S. policy pertaining to the detention and treatment of prisoners in U.S. custody, Americans remain in the dark about even the most basic facts about Bagram. And, as long as the Bagram prison is shrouded in secrecy, there is no way to know the truth or begin to address the problems that exist there.

There is no doubt that the Obama Administration has done much to reverse the Bush Administration’s disastrous record on civil liberties. Immediately after coming into office, Obama issued executive orders mandating the closure of the Guantanamo Bay prison camp and banning torture.

Yet civil liberties advocates continue to warn that the same “legal black hole” that existed thanks to the Bush Administration’s policies in Guantanamo Bay has continued to exist in the Bagram detention center. As Tina Foster of the International Justice Center told NPR recently, the policies in Bagram seem to imply that “individuals captured by the United States anywhere in the world can be taken into custody and held indefinitely without charge, so long as they’re not brought to Guantanamo.”




Gates ‘Furious’ That Brownback And Roberts Placed A Hold On McHugh’s Army Secretary Nomination

President Obama named Rep. John McHugh (R-NY) in June as his nominee to become the next Secretary of the Army. Last week, the Senate Armed Services Committee approved his nomination by voice vote, and a Senate Democratic spokesperson said “Democratic leaders are seeking unanimous consent to have him confirmed by the full Senate by the end of the week.”

However, that vote never took place because Kansas Sens. Pat Roberts (R) and Sam Brownback (R) placed a hold on McHugh over an issue unrelated to his nomination:

Concerned that their state could become the home for some Guantánamo Bay detainees, Kansas’ two Republican senators have placed a hold on the nomination of Rep. John M. McHugh as Army secretary. That means a litte more time as candidates in waiting for the people gearing up to run for McHugh’s seat in an upstate New York district.

Sens. Pat Roberts and Sam Brownback are seeking answers from the Obama administration about the possible moves of some detainees to the prison at Fort Leavenworth, Kan.

Fox News’s Chris Wallace has reported that Defense Secretary Robert Gates, also a native of Kansas, is “furious” with Roberts and Brownback for placing the hold on McHugh:

WALLACE: Defense Secretary Robert Gates is said to be furious that senators from Alabama and Kansas are holding up the confirmation of the new Army secretary and his deputy. Kansas Senators Brownback and Roberts are trying to keep detainees from Guantanamo Bay prison out of Fort Leavenworth in their state.

Watch it:

Brownback and Roberts are also blocking nine other nominees for senior administration posts at the Pentagon and Justice Department. They said “they are prepared to block the appointments until they get answers from the White House about the proposal. And they said they want Leavenworth taken off the list of potential relocation spots.”

In order to close Gitmo, Leavenworth — which “has incarcerated infamous criminals” — must be considered an option for relocating detainees. As Ken Gude writes, “Americans in uniform are dying because of Guantanamo. The men and women serving at Ft. Leavenworth could be a part of the solution that saves American lives.”




Obama considering an executive order allowing indefinite detention.

The Washington Post reports today that Obama administration officials are possibly “crafting language for an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely.” Impetus for the executive order comes from officials being “increasingly worried that reaching quick agreement with Congress on a new detention system may be impossible.” Additionally, such an order “could be rescinded and would not block later efforts to write legislation.” Over on The Wonk Room, CAP’s Ken Gude explains that while there are still concerns over the emerging policy, “it would be a significant improvement over the Bush administration and would go a long way towards cleaning up the mess at Guantanamo”:

After Congress’ pathetic performance during consideration of Guantanamo funding in the supplemental appropriations bill, it is now evident that no matter how well-intentioned the president and some responsible members are, Congress is not a reliable partner. Whatever would emerge from the sausage grinder risks being far worse than even the already unacceptable status quo. [...]

[Obama's order] would be a significant shift from the Bush administration’s policy that swept into U.S. military detention virtually anyone suspected of terrorist activity captured anywhere in the world. It would restore the bright line between criminal and military detention, a crucial distinction to preserve not just in the United States, but also in other countries that look to or use the U.S. as an example.

There are still ambiguities about whether or not there actually is a draft executive order, as Time’s Michael Scherer notes. Spencer Ackerman spoke to Kate Martin of the Center for National Security Policy, who also said that if Obama “issues an executive order like the one [the Washington Post story describes], it’ll be a major victory.” However, Glenn Greenwald, Digby, the ACLU, and the Center for Constitutional Rights still have significant concerns about the possible order. Steve Benen has more here.




Rep. King: Uighurs ‘wasting away in MargaUighurville.’

The closing of the Guantanamo Bay detention center has provoked a curious form of hyperbole from Rep. Steve King (R-IA). Speaking on the House floor yesterday, King reacted to the news that the innocent Uighur detainees held in Guanatnamo were released in Bermuda with this comment:

KING: We could avoid this criticism and shut down an operation that has actually been built up to accommodate the people that are there now, including the Uighurs, who are now wasting away in MargaUighurville from what I understand. I can’t even say it because I get Jimmy Buffett and Warren Buffett mixed up, I think.

King was referring to Jimmy Buffett’s song “MargaritaVille.” Rep. John Carter (R-TX) snickered at King’s remark, adding, “That was good. I like that.” Watch it:

Earlier this year, King outrageously claimed that the closing would provide 9/11 mastermind Khalid Sheikh Mohammed a “path to citizenship.”




CIA told Zubaydah they mistook him for a high-level al Qaeda operative.

According to new transcripts from of a 2007 Combatant Status Review Tribunal held at Guantanamo Bay, detainee Abu Zubaydah said that his CIA captors told him after he was subjected to torture that “they had mistakenly thought he was the No. 3 man in the organization’s hierarchy and a partner of Osama bin Laden.” “They told me, ‘Sorry, we discover that you are not Number 3, not a partner, not even a fighter,’” Zubaydah said. Zubaydah, who was subjected to waterboarding 83 times in one month, also said that he nearly died in prison:

Abu Zubaida, a nom de guerre for Zayn al-Abidin Muhammed Hussein, told the 2007 panel of military officers at the detention facility in Cuba that “doctors told me that I nearly died four times” and that he endured “months of suffering and torture” on the false premise that he was an al-Qaeda leader.

Despite President Bush’s rhetoric, Zubaydah’s torture “foiled no plots,” a point that one of his interrogators confirmed during a congressional hearing last May. The portion of the 2007 Combatant Review Status hearing transcript in which Majid Khan — an alleged associate of Khalid Sheik Mohammad — discussed his treatment at CIA black sites was “blacked out for eight consecutive pages.”




Kyl: Who cares if Europe doesn’t like Guantanamo, they didn’t like when we invaded Iraq either. »

On CSPAN’s Newsmakers today, Sen. Jon Kyl (R-AZ) attacked President Obama’s efforts to close the prison at Guantanamo Bay. “The real question is why do it and the only answer is, ‘well, it’s a symbol,’” said Kyl, adding that “the terrorists don’t need Guantanamo to figure out that they don’t like the United States.” When the host noted that Guantanamo “has been an issue in Europe, among leaders, our allies,” Kyl replied, “big deal.” “They didn’t like the fact that we invaded Iraq and replaced Saddam Hussein either.” Watch it:

Considering that the decision to invade Iraq ultimately “made the American people less secure,” Kyl shouldn’t be so dismissive of those who said from the start that it was a mistake. Likewise with Guantanamo Bay. Kyl dismisses the negative symbolic power of Guantanamo, but as the Center for Strategic & International Studies concluded in September 2008, “the United States has been damaged by Guantánamo beyond any immediate security benefits. Our enemies have achieved a propaganda windfall that enables recruitment to violence, while our friends have found it more difficult to cooperate with us.”

Transcript: More »




Liz Cheney Falsely Claims Bush ‘Did Not Say’ Gitmo Detainees Should Be Tried In U.S. Courts

Last night, Vice President Cheney’s daughter Liz appeared on a mainstream American television news media outlet, this time on Campbell Brown’s CNN show. During a contentious “Great Debate” segment with Salon’s Joan Walsh, Liz Cheney was trying to argue that bringing Guantanamo Bay detainees to U.S. soil “makes us less safe” and that they should remain where they currently reside.

To make her argument, Cheney also continued her penchant for false claims. At one point in the debate, Walsh noted that military leaders want Gitmo closed and that even President Bush once said it should be closed and that some detainees should tried in the U.S. Cheney, however, disagreed:

WALSH: Liz, the top — the top military leaders of our country want Guantanamo closed. President Bush, in June 2009 [sic], gave a speech where he said he would close it, and he would bring people home and try them here.

CHENEY: No, I’m sorry.

WALSH: President Bush said that.

CHENEY: He did not say he would bring terrorists onto the homeland. Joan, no, he didn’t say that.

Watch it:

Walsh is right, Bush did say that. During a June 2006 press conference at a U.S.-EU summit, Bush called for Gitmo to be closed and to have some of the detainees tried in U.S. courts:

BUSH: I’d like to end Guantanamo. I’d like it to be over with. One of the things we will do is we’ll send people back to their home countries. [...] There are some who need to be tried in U.S. courts. They’re cold-blooded killers. They will murder somebody if they’re let out on the street. And yet, we believe there’s a — there ought to be a way forward in a court of law.

However, Cheney’s canards didn’t end there. She also offered the debunked claim that “14 percent” of Gitmo detainees have “returned to the battlefield,” a claim Walsh noted is “not true.” Indeed, last week the New York Times issued a correction to its story, saying that the number is closer to 5 percent.




Cantor Falsely Claims There Are No ‘Judicial Precedents’ For The Prosecution Of Suspected Terrorists On U.S. Soil

Today, Guantanamo detainee Ahmed Ghailani was transferred to New York to face trial for the bombing of the U.S. embassies in Tanzania and Kenya. Discussing his case last month, President Obama said that, “after over a decade, it is time to finally see that justice is served, and that is what we intend to do.” Attorney General Eric Holder has noted that the Justice Department “has a long history of securely detaining and successfully prosecuting terror suspects through the criminal justice system.”

The right wing, however, has seized the opportunity to launch baseless, fearmongering attacks, with House Minority Leader John Boehner (R-OH) leading the way:

This is the first step in the Democrats’ plan to import terrorists into America. Without a plan to close the prison at Guantanamo Bay, the Administration has made the decision to begin transferring these terrorists into the United States…Do they plan to give them the same legal rights as the American people?

Similarly, on MSNBC today, Rep. Eric Cantor (R-VA) said that the transfer was “counterintuitive” because there are “no judicial precedents for the conviction of someone like this”:

CANTOR: Well, you know, Norah, it’s just counterintuitive. Why in the world would somebody be so focused on the rights of a terrorist instead of keeping Americans safe? There are so many unanswered questions about bringing these detainees on to U.S. soil. We have no judicial precedents for the conviction of someone like this. It is just wrong for us to be bringing these detainees here given the current situation and the unanswered questions. We ought to be putting the safety of American citizens first.

Watch it:

However, the Justice Department today put out a lengthy fact sheet listing nine of major international and domestic terrorism cases that just the U.S. Attorney’s Office for the Southern District of New York alone has successfully prosecuted since the 1990s. The release also responded to right-wing criticisms that U.S. prisons can’t handle terrorists:

There are currently 216 inmates in Bureau of Prisons (BOP) custody who have a history of/or nexus to international terrorism. Sixty seven of these individuals were extradited to the United States for prosecution, while 149 were not extradited. Seventy two of these individuals are U.S. citizens (45 of them born in the United States, 27 of them naturalized). The “Supermax” facility in Florence, Colo. (ADX Florence), which is BOP’s most secure facility, houses 33 of these international terrorists. There has never been an escape from ADX Florence, and BOP has housed some of these international terrorists since the early 1990s.

In fact, NBC’s Pete Williams said that Ghailani’s transfer “makes sense, because other defendants in the embassy bombings were tried and convicted” in New York.

Update This morning, Sen. Russ Feingold (D-WI) led a hearing to discuss prolonged detention. The right wing's favorite lawyer, David Rivkin, warned that because of Obama's actions, soon there will be "hundreds of terrorists walking around this country." Watch it:



NYT Finally Runs ‘Editor’s Note’ Correction To Misleading Gitmo Detainee ‘Recidivism’ Story

gitmowebLast month, the New York Times ran a front page story titled “1 In 7 Detainees Returned to Jihad, Pentagon Finds.” Relying on a unpublicized DoD report, the article said that “74 prisoners released from Guantánamo have returned to terrorism, making for a recidivism rate of nearly 14 percent.” Critics pointed out that these statistics don’t take into account the possibility that released detainees were not terrorists to begin with and were radicalized by their detention. Seeming to take note of this criticism, the Times soon after changed the headline and lead of the web version of the story.

The Wonk Room’s Matt Duss noted that the Times’ web-only rewrite ignored the fact that the article “still contain[ed] references to ‘recidivism,’ which still presumes that detainees were involved in terrorism before being detained.” Today, the Times finally got around to addressing the story’s inaccuracies in its print edition in an “Editor’s Note.” And while the article still contains references to “recidivism,” the Times acknowledges the error:

The article said that the Pentagon had found about one in seven of former Guantánamo prisoners had “returned to terrorism or other militant activity,” or as the headline put it, had “rejoined jihad.”

Those phrases accepted a premise of the report that all the former prisoners had been engaged in terrorism before their detention. Because that premise remains unproved, the day the article appeared in the newspaper, editors changed the headline and the first paragraph on the Times Web site to refer to prisoners the report said had engaged in terrorism or militant activity since their release.

CAP’s Ken Gude noted at the time “the enormous caveat” in the 17th paragraph of the Times article:

The Pentagon has provided no way of authenticating its 45 unnamed recidivists, and only a few of the 29 people identified by name can be independently verified as having engaged in terrorism since their release. Many of the 29 are simply described as associating with terrorists or training with terrorists, with almost no other details provided.

The editors’ note addresses this as well, saying that “[t]he article should have distinguished between the two categories, to say that about one in 20 of former Guantánamo prisoners described in the Pentagon report were now said to be engaging in terrorism.”

McClatchy’s Planet Washington notes that “one key question remains unknown,” asking, “How many of these confirmed and suspected jihadis became such because of their experiences at Guantanamo and elsewhere? ”




Guantanamo Bay video game in development, former detainee hired to make it ‘more realistic.’

A British video game development firm is in the process of creating a video game based on the U.S. prison camp at Guantanamo Bay. Entitled “Gitmo: Rendition,” the game “depicts the prison in the near future — after its anticipated closing by the U.S. government — as a camp run by mercenaries who detain innocents sold off to their captors to serve as ‘lab rats’ in scientific experiments.” The game’s developer hired Moazzam Begg — a “British Muslim who was detained at the American military base at Guantanamo Bay for three years” before being released uncharged — as an adviser to help make the game “more realistic.” Begg and seven other Britons detained by the U.S. recently sued the British government, “claiming U.K. authorities were complicit in their abductions, detention and interrogations.” Watch the game trailer:




Obama Administration Files Petition To Block Uighurs From Entering U.S., Praises Gitmo Conditions

Obama at the National ArchivesThe Obama administration filed a petition with the Supreme Court on Friday asking the Court to block the 17 Chinese Uighurs detained at Guantanamo from entering the United States — this, despite a court ruling last year ordering their release. The petition argues that the Uighurs “have already obtained relief” and that the government had no legal obligation to settle them in the U.S.:

Petitioners have already obtained relief. They are no longer being detained as enemy combatants, they are free to leave Guantanamo Bay to go to any country that is willing to accept them, and in the meantime, they are housed in facilities separate from those for enemy combatants under the least restrictive conditions practicable. Moreover, the government is actively seeking to resettle petitioners, and the President has ordered the closure of the Guantanamo Bay detention facility by January 22, 2010. [...]

Petitioners’ continued presence at Guantanamo Bay is not unlawful detention, but rather the consequence of their lawful exclusion from the United States, under the constitutional exercise of authority by the political Branches, coupled with the unavailability of another country willing to accept them. Because the bar to petitioners’ entry into the United States is constitutionally valid, their resulting harborage at Guantanamo Bay is constitutional as well.

Somewhat shockingly, as ABC’s Jake Tapper notes, the Obama administration’s petition suggests that the Uighurs’ imprisonment “isn’t so bad,” and trumpets their comfy quarters at Guantanamo:

“In contrast to individuals currently detained as enemies under the laws of war, petitioners are being housed under relatively unrestrictive conditions, given the status of Guantanamo Bay as a United States military base,” Kagan writes, saying they are “in special communal housing with access to all areas of their camp, including an outdoor recreation space and picnic area.” They “sleep in an air-conditioned bunk house and have the use of an activity room equipped with various recreational items, including a television with VCR and DVD players, a stereo system, and sports equipment.”

Furthermore, the petition cites the Senate’s recent vote to block Guantanamo detainees from entering the U.S. as further reason to deny their release — despite the fact the vote was in defiance of a White House request. The petition comes just a week after President Obama, in a speech defending his plan to close Guantanamo, declared that “the wrong answer is to pretend like this problem will go away if we maintain an unsustainable status quo.”




Petraeus Criticizes Gitmo And Torture: ‘I Don’t Think We Should Be Afraid To Live Our Values’ »

Last week, Gen. David Petraeus told Radio Free Europe that he supports President Obama’s decision to close the Guantanamo Bay prison and that he opposes the use of so-called “enhance interrogation techniques.” “I have long been on record as having testified and also in helping write doctrine for interrogation techniques that are completely in line with the Geneva Convention,” Petraeus said.

Today in an interview with Fox News, Petraeus reiterated his support for a “responsible closure” of Gitmo but went a bit further, noting that the prison has been harmful to the U.S.:

PETRAEUS: Gitmo has caused us problems, there’s no question about it. I oversee a region in which the existence of Gitmo has indeed been used by the enemy against us. We have not been without missteps or mistakes in our activities since 9/11. And again, Gitmo is a lingering reminder for the use of some in that regard.

As Fox host Martha MacCallum went through most of the right-wing talking points on Gitmo and torture (Gitmo terrorists will “go free” in the U.S, torture works and should be used for the “ticking-time bomb” scenario) Petraeus knocked them down one-by-one. “I don’t think we should be afraid to live our values,” Petraeus repeatedly said.

Seemingly referring to Obama’s decision to release the Bush-era memos documenting President Bush’s torture program, MacCallum asked, “So is sending this signal that we’re not going to use the techniques anymore, what impact will that have on those who do us harm in the field that you operate in?” Again, Petraeus noted that such policies and techniques harm the U.S.

PETRAEUS: What I would ask is, does that not take away from our enemies a tool, which again they have beaten us around the head and shoulders in the court of public opinion? When we have taken steps that have violated the Geneva Convention, we rightly have been criticized. And so as we move forward, I think it is important to again live our values to live the agreements that we have made in the international justice arena and to practice those.

Watch it:

Transcript: More »




Reid acknowledges Guantanamo detainees will need to be relocated to U.S. prisons.

reidobama2After previously suggesting that he wouldn’t support Guantanamo detainees being relocated to the U.S., Senate Majority Leader Harry Reid (D-NV) acknowledged in an interview with a local news station that some Gitmo detainees will be put in federal prisons. While conservatives have baselessly claimed that “terrorists” could roam in Americans’ “backyards” if Guantanamo is closed, Reid defended the ability of the U.S. prison system to hold dangerous criminals:

REID: A maximum security prison in the United States, there has never been a single escape.

Q: You think eventually the plan is going to be to put them in maximum security prisons here in this country, correct?

REID: I think some. Keep in mind, Jon, there’s so many different issues. There’s no question that a number of these people who are there are not guilty of anything. The Uighurs, these are a group of Muslim Chinese who are guilty of nothing. They were arrested, put in there. They are there. They are doing nothing. We’re going to have to find someplace to put them. We can’t send them back to China. Should they go into a maximum security prison? Probably not.”

Needless to say, some Guantanamo detainees will need to be relocated to the United States in order to close the Guantanamo Bay detention camp. Reid is now trying to coax his colleagues into supporting Obama’s position, following the president’s speech last week. “The vast majority of the Senate – Democrats, certainly – agree that it should be closed,” Reid said. “And it’s going to be closed.”




Petraeus agrees with Obama: It’s time to close Guantanamo and end torture.

fe_da_080408petraeus In an interview this past weekend with Radio Free Europe, Gen. David Petraeus said that he supports President Obama’s decision to close the Guantanamo Bay detention facility and opposes the use of enhanced interrogation techniques:

PETRAEUS: In fact, I have long been on record as having testified and also in helping write doctrine for interrogation techniques that are completely in line with the Geneva Convention. And as a division commander in Iraq in the early days, we put out guidance very early on to make sure that our soldiers, in fact, knew that we needed to stay within those guidelines.

With respect to Guantanamo, I think that the closure in a responsible manner, obviously one that is certainly being worked out now by the Department of Justice — I talked to the attorney general the other day [and] they have a very intensive effort ongoing to determine, indeed, what to do with the detainees who are left, how to deal with them in a legal way, and if continued incarceration is necessary — again, how to take that forward.

But doing that in a responsible manner, I think, sends an important message to the world, as does the commitment of the United States to observe the Geneva Convention when it comes to the treatment of detainees.

Will Petraeus change the minds of any conservatives who are currently criticizing Obama for these same opinions? Sen. John McCain (R-AZ) has called Petraeus one of the “wisest people” he knows, and conservatives have said that it would be a “dream” to have the general run for president.




Ex-Taliban official describes torture at Bagram: ‘They were beating me…until I was unconscious.’

In an interview with CNN, Mullah Abdul Salam Zaeef — a close ally of Taliban leader Mullah Omar and Afghanistan’s former ambassador to Pakistan — described his detention experiences at Afghanistan’s Bagram Air Base and at Guantanamo Bay in Cuba. Zaeef has since been freed and claims he is no longer a member of the Taliban. “He says he is still bitter about his time there. Closing Guantanamo Bay, he told CNN, is only part of the justice those detained there deserve”:

“It was a bad stain on American history,” he said. “If they are closing Guantanamo for justice, they have to bring the people who are torturing people, who abuse people, to justice.” [...]

“I didn’t see a worse situation in my life than Bagram,” recalled Zaeef. “They were beating me, they put me in the snow, in the cold, until I was unconscious.”

Watch it:




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