Think Progress

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 Additionally, such an order “could be rescinded and would not block later efforts to write legislation.”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.

UpdateThis 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:




Sen. Ben Nelson Opposes Transferring Gitmo Detainees To U.S., Supports Bush Torture Techniques

This morning, Fox News Sunday hosted a debate on national security between Sen. John Kyl (R-AZ) and Sen. Ben Nelson (D-NE), but it turned out that the two senators agreed on most issues. Nelson declared that trials of Guantanamo detainees should not take place in the United States and detainees should not be imprisoned here. He distinguished between terrorists like the Blind Sheikh — who “committed violations of American law” — and those at Guantanamo to say the latter should be kept out of the U.S.:

NELSON: I think the tribunals can occur anywhere, and I prefer not to see them occur in America, within the continental United States. Once they’re convicted, I’m assuming they will be, then I think we need to work out with their countries an arrangement where they’re incarcerated there. [...]

But for those detainees who have violated the rules of war, we don’t have to worry about bringing them here. I think they need to be kept elsewhere, wherever that is. I don’t want to see them come on American soil.

Nelson also seemed to suggest that torture — or “enhanced techniques,” as he called it — could be used in the future:

NELSON: What we need to do is make sure that the intelligence information that’s gathered is accurate, that we do everything within our power to get good intelligence, and it may or may not consist of coming from enhanced techniques.

Watch it:

As ThinkProgress and others have pointed out, the United States is fully capable of housing terrorist suspects in American prisons. Indeed, this morning on ABC, Adm. Mike Mullen mentioned the dozens of terrorists in U.S. prisons and declared, “They don’t pose a threat.”

And if Nelson is truly concerned with getting “accurate” information and “good intelligence,” he should support President Obama’s unequivocal ban on so-called enhanced interrogation techniques. As military and intelligence experts have stated, over and over, Bush’s enhanced program derived unreliable and inaccurate information. It was the use of “enhanced techniques” that provided the “intelligence” of a link between Iraq and al Qaeda — intelligence that proved to be entirely false.

Read ThinkProgress’ report on why Bush’s enhanced interrogation program failed here.




Rove: Legal ‘Mess’ at Guantanamo Is Obama Administration’s Fault

rove14In his national security speech Thursday, President Obama addressed the controversy being stirred by conservatives over his decision to close Guantanamo. Obama forcefully said that he inherited a legal “mess” that has consumed his administration’s time and energy:

There are 240 people there who have now spent years in legal limbo. In dealing with this situation, we do not have the luxury of starting from scratch. 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 basis, and that consumes the time of government officials whose time should be spent on better protecting our country.

Yesterday, on the Brian and the Judge radio show, Karl Rove was angered by Obama’s critiques of the Bush administration, and he disputed the fact that the Bush administration had left a “mess” at Guantanamo. When conservative judge Andrew Napolitano noted that Obama “does have a constitutional mess on his hands,” Rove responded by saying that the “mess” is being caused by litigation from Attorney General Eric Holder — who is apparently “arguing against the government”:

ROVE: What’s ironic to me is that yesterday he said “this is a mess that was left to me by my predecessors.” No. This is a mess, to the extent that it is a mess, left to him by his friends and allies like Attorney General Eric Holder. Remember, there are DOJ appointees of this president who are in court arguing against the government’s position on these kind of things. I mean, it is his friends and allies and in some instances, his appointees who are in court arguing for an expansion of the rights of the terrorists and arguing for an end to the military commissions.

Listen here:

It’s unclear what cases Rove is referring to. There has been no litigation on the military commissions since Obama took office in January.

The lingering legal mess at Guantanamo, of course, was created by Bush. Obama now must determine “where to imprison and/or try the remaining approximately 250 Guantanamo detainees, many of whom have already been declared eligible for release.” This is complicated by the fact that multiple detainees have not been able to go to trial because of inadmissible evidence obtained through torture or hearsay. The international community is also encountering similar problems in repatriating Guantanamo detainees. Perhaps worst of all, Bush’s kangaroo courts have produced only three convictions.

As Obama noted Thursday, “the problem of what to do with Guantanamo detainees was not caused by my decision to close the facility; the problem exists because of the decision to open Guantanamo in the first place.”




Judith Miller cites her time in prison to argue that U.S. facilities can hold terrorists.

This morning, the hosts of Fox and Friends brought up FBI Director Robert Mueller’s recent comments warning that if Guantanamo detainees are allowed into U.S. prisons, they may turn to “radicalizing” other inmates. Fox News contributor Joel Mowbray said that it would be dangerous putting detainees into U.S. prisons because guards “know how to handle rapists and murderers and drug dealers,” but “they do not know how to handle terrorists.” Former New York Times reporter Judith Miller took issue with Mowbray’s conclusions, saying, “We know how to do this.” To back up her point, she pulled out her street cred and cited her time serving in prison:

Joel, I’m sorry, but I was actually in a jail with — one floor away — from Zacarias Moussaoui. … We know how to do this. Believe me, we can do it. The issue is, is it politically acceptable to the American people? That we’re not sure about.

Watch it:

Miller, of course, was central to the Valerie Plame leak scandal and a key player in pushing false intelligence that led the public into the Iraq war. In 2005, Miller went to jail for refusing to testify in the Valerie Plame scandal and reveal her conversations with Scooter Libby. (HT: Raw Story)




Obama Reiterates Promise To Close Gitmo, Urges Congress Not To Make Decisions In A ‘Climate Of Fear’ »

Speaking in front of the original U.S. Constitution at the National Archives this morning, President Obama delivered a lengthy, detailed speech outlining his approach to national security. Obama criticized Bush’s legal system at that convicted only three terrorists in seven years. He said it was “clear” that, “rather than keep us safer, the prison at Guantanamo has weakened American national security.”

Discussing the problem of what to do with the detainees currently imprisoned at Guantanamo, Obama reminded the audience that the problem was caused by the erroneous decision to open the extra-legal prison camp in the first place:

Indeed, the legal challenges that have sparked so much debate in recent weeks in Washington would be taking place whether or not I decided to close Guantanamo. For example, the court order to release seventeen Uighur detainees took place last fall — when George Bush was President. The Supreme Court that invalidated the system of prosecution at Guantanamo in 2006 was overwhelmingly appointed by Republican Presidents. In other words, the problem of what to do with Guantanamo detainees was not caused by my decision to close the facility; the problem exists because of the decision to open Guantanamo in the first place.

He also seemed to mildly rebuke Congress — which yesterday barred the use of any funds to transfer detainees to the United States — for making “decisions within a climate of fear.” He challenged them to remember their oath:

As our efforts to close Guantanamo move forward, I know that the politics in Congress will be difficult. These issues are fodder for 30-second commercials and direct mail pieces that are designed to frighten. I get it. But if we continue to make decisions from within a climate of fear, we will make more mistakes. … I have confidence that the American people are more interested in doing what is right to protect this country than in political posturing. I am not the only person in this city who swore an oath to uphold the Constitution — so did each and every member of Congress. Together we have a responsibility to enlist our values in the effort to secure our people, and to leave behind the legacy that makes it easier for future Presidents to keep this country safe.

Watch it:

Obama said that his administration “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.” He disputed conservatives’ claims that U.S. prisons could never accommodate terror detainees as “not rational.”

Transcript: More »




When will the right wing insist the NYC synagogue bombers are ‘too dangerous’ for U.S. prisons?

Last night, “an elaborate sting operation” resulted in the arrest of four men accused of plotting to bomb a synagogue and shoot down airplanes. The New York City Police Commissioner said the four men “stated that they wanted to commit jihad,” and said the men were part of a “homegrown terrorism” movement. Given conservatives’ recent hysterical declarations that U.S. prisons are unfit to handle terrorist suspects, Hilzoy challenges the right wing’s talking points in regards to the imprisonment of these “homegrown” terrorists:

This raises the difficult question: what should we do with these would-be terrorists while they await trial? And if they are convicted, what then? I assume that if it’s too dangerous to move people at Guantanamo to the United States, it must be much too dangerous to allow these jihadists to run loose in our prisons. After all, they might provide financing for other jihadists from their supermax cells, or radicalize other prisoners, or use special Terrorist Mind Control Techniques to create a whole army of brainwashed convicts under their complete control.




Feinstein: California prisons are ‘eminently capable of holding’ Guantanamo detainees.

Since President Obama announced his goal to shut down the Guantanamo prison, conservatives have fearmongered that it would mean terrorists would be coming to Americans’ “backyards.” On the Senate floor this morning, Sen. Dianne Feinstein (D-CA) said that her state’s prisons were “eminently capable” of housing detainees, and slammed conservatives for “fear-baiting”:

FEINSTEIN: Yes, we have maximum security prisons in California eminently capable of holding these people as well, and from which people — trust me — do not escape. So I believe that this has really been an exercise in fear-baiting. I hope it’s not going to be successful.

Watch it:

By contrast, Sen. Lindsey Graham (R-SC) declared that the naval brig in Charleston, SC — where officers are trained specifically to deal with terror detainees — is an unsuitable place for detainees “because it’s near a population center.” Recently, a small town in Montana voted unanimously to request that 100 detainees be sent to its empty prison, as a way to stimulute economic development.

UpdateThe amendment barring the use of funds to transfer detainees to the U.S. was approved 90 to 6. Both Sens. Feinstein and Durbin -- despite their arguments that the U.S. is "eminently capable" of housing detainees -- voted in favor of the amendment. They have indicated they are waiting for a plan from Obama before releasing funds to shut down Guantanamo.



Durbin to Republicans: ‘You ought to have a little more respect’ for American corrections officers.

On the Senate floor last night, Sen. Robert Bennett (R-UT) said that American prison guards would “have no idea what they’re getting into” if Guantanamo detainees were transferred to U.S. prisons. Speaking today, Sen. Dick Durbin (D-IL) slammed the GOP, saying his Republican colleagues should have “a little more respect” for the professionalism of American prison guards:

DURBIN: Some of my Republican colleagues argue that Guantanamo is the only appropriate place to hold the detainees and they said, and I quote, “We don’t have a facility that could handle this in the United States,” end of quote. And American prison guards, they went on to say, quote, “have no idea what they’re getting into,” close quote. Well, I would just say to my colleagues who made those statements, you ought to take a look at some of our security facilities in the United States, and you ought to have a little more respect for the men and women who are corrections officers and put their lives on the line every single day to keep us safe and to make sure that those who are dangerous are detained and incarcerated. The reality is that we’re holding some of the most dangerous terrorists in the world right now in our federal prisons, including the mastermind of the 1993 World Trade Center bombing, the shoe bomber, the Unibomber, and many others.

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