The next move in the Guantanamo clusterfuck may be a signing statement asserting the administration’s right to determine prosecutions:
While the signing statement and the executive order would leave some room for Obama, they would do little to bring his policy goals to fruition. Over the last two years, Congress and the administration, working separately and in conflict, have woven together a complicated set of categories, policies and restrictions that make it difficult, if not impossible, to close Guantanamo.
What the White House once saw as bipartisan support for shuttering the prison soon became a bipartisan effort to thwart the administration’s plans.
The spending measure effectively bars the president from prosecuting any detainees in federal court or conducting military commission trials on U.S. soil. The bill makes it increasingly difficult to transfer detainees to foreign countries, even if the administration deems them safe to release. And it complicates the review process Obama plans in the executive order for nearly 50 detainees the administration has designated as too dangerous to free.
We’re down to 174 prisoners in Guantanamo, and it looks like they’ve all been effectively sentenced to life in prison.
cleek
i like how our much-touted “American values” like “innocent till proven guilty”, “the right to a trial”, etc. are shown to be empty slogans when we’re confronted with scary people. they aren’t so much values as grudgingly-accepted procedures.
and then there’s: “oh noes, we couldn’t possibly let those people have access to our courts! they aren’t even American! our laws don’t apply! don’t you know the Constitution, harharhar! stupid libruls! oh, and when are we going to try Julian Assange for treason?”
JPL
If the President has a signing statement about gitmo, the Republican House will start impeachment hearings.
agrippa
All 174 remaining have, effectively, been sentenced to lfe imprisonment. It is a shame.
Nick
@cleek:
this is hardly a new thing, we’ve been talking out of both sides of our mouths since the Whiskey Rebellion.
Sly
@Nick:
The only thing we have to fear is… a Japanese Fifth Column!
Comrade Javamanphil
@cleek:
Every good American knows the founding fathers enshrined in the Constitution the right to a trial assuming you look sufficiently European and speak American. McVeigh was a scary person and yet we found a way to put him on trial. Wonder what makes him different than the remaining Gitmo prisoners…nope, can’t come up with a thing.
magurakurin
but, but what about the bully pulpit?
Niagara Falls…slowly he turned…step by step…
lemon curry?
Dave
I just love the fact Obama is going to use Bush’s tool against the GOP. All he needs to do now is bust out the “unitary executive” theory when Issa comes calling with some bullshit hearing subpoena.
stuckinred
@magurakurin: inch by inch
polyorchnid octopunch
@Dave: I don’t. That shit is not good.
Southern Beale
So I turn on the local news this morning and see my new favorite restaurant up in flames.
So *THIS* is how the New Year is gonna be.
Chris
Every time this issue comes up, I think of Carlos the Jackal (http://en.wikipedia.org/wiki/Carlos_the_jackal). One of the most wanted men in the world in his day, super star of seventies/eighties left wing radical terrorism, arguably the Osama Bin Laden of his day.
And how did his career end? He was captured by the French in a deal made with the Sudanese government, then put on trial in Paris like a common criminal, found guilty, and locked up in jail where he remains to this day. Why we don’t think that system would work on al-Qaeda types, I’ll never figure out.
Punchy
Ya gotta break some omlettes to make an egg….
Jude
If he has to use a signing statement, we should just have the President start wearing a purple toga. I mean, shit. And fuck those weak-ass Congresspeople for running away from applying the laws to people. What a bunch of sniveling little fucks.
magurakurin
@stuckinred
http://www.youtube.com/watch?v=_yJBhzMWJCc
They would be better than the GOP clowns in the House though. What a bunch of jackasses. I can’t believe any right thinking person would take them seriously. Oh..wait…no right thinking people do….
Sly
@Jude:
I for one think Bo the Dog would make an excellent Senator.
c u n d gulag
Kafka would be sooooooooooo proud…
polyorchnid octopunch
@Jude: Yep.
CVS
Guantanamo in an affront to even the most basic understanding of human rights. If that is too high-brow for most people in this country, then we really need to take a long, hard look in the mirror.
Uloborus
Gosh. So it turns out that Obama’s been trying to close Guantanamo and have these prisoners fairly tried all along? And he’s been forced to bend into knots to get anything done whatsoever, because congress is so united in stopping him that they can override his vetoes with ease?
It’s almost as if Obama’s record on civil liberties is actually just fine, and it’s been wildly misrepresented with half-truths and context left out by True Liberals and Civil Libertarians to the more moderate liberals who are merely passionate about civil rights!
Alwhite
@Sly:
I’d probably vote for Bo before I’d vote for some of those that Blew Dogs.
@c u n d gulag:
Kafka was exactly what I thought of when I read this but I doubt there are (outside this blog) more than a dozen people left in the US that even get the reference.
And this is how an empire dies, strangled by its own hands
Suffern ACE
@Jude: 12% approval rating for the institution.
Uloborus
@Alwhite:
And rumors of the death of the republic are greatly exaggerated. This is no Alien And Sedition Act, or WWII internment camp of American citizens for the crime of being oriental. This is disgusting, but the US has survived much worse than this.
Hell, compared to living through the Cold War? I feel positively relaxed, these days. Armageddon has been predicted in every generation by every society facing every problem since… at least the putative birth of Christ. And actually before – one of the major reasons that took off was that people were sure Rome would fall any minute. I’m not sure 1500 years (they were in the Eastern branch) counts as ‘any minute’.
EDIT – It appears I am habitually sarcastic before breakfast. My apologies, but around here it’s probably a better arguing tactic anyway.
Shinobi
Any real patriot wants Guantanamo closed now. Helping those prisoners to escape and find asylumn would truly be the act of an American hero. Guantanamo is a gigantic hairy wart on the face of this great nation.
/maudlin patriotism
Stefan
Kafka was exactly what I thought of when I read this but I doubt there are (outside this blog) more than a dozen people left in the US that even get the reference.
Someone must have slandered Yusuf K. for, without having done anything wrong, he was arrested.
Nutella
@Chris:
So you’re saying that cheese-eating surrender monkeys can succeed at capturing, trying, and imprisoning terrorists and we can’t?
Rich Lowry‘s head just exploded.
Well, it would have if it wasn’t made of solid granite.
Svensker
@Chris:
Because they CUT OFF PEOPLE’S HEADS. Duh.
burnspbesq
@Uloborus:
Shocking, innit?
burnspbesq
@Shinobi:
First and last sentences, exactly right. Middle sentence, not so much. The American people need to nut up. “The only thing we have to fear is … fear itself.”
Chris
@Nutella:
1) Yes – French intelligence and security agencies are very good at what they do (luckily, cooperation between theirs and ours remained all through the 2000s even as our politicians threw tantrums at each other over Iraq).
2) But, if memory serves, the Americans were also involved in the Sudanese deal that got Carlos the Jackal handed over. Yep, there was a time when we thought terrorism should be handled as a crime.
Heck, I think even Reagan was saying that in the eighties. Something about how treating terrorism as anything other than a petty crime would help legitimize it, and changing our society in response to it would prove that it worked…
AxelFoley
@Uloborus:
Well, we can’t expect the purists to get the facts right, now can we?
AAA Bonds
Pssssssssssssshhhh. Blatantly contradicted by the previous sentence (not to mention the Administration’s activities in court). I don’t know how people maintain this sort of cognitive dissonance. At the risk of hyperbole, this is approaching Brezhnev levels of doublethink.
Obama supporters can criticize, and criticize heavily, places where he’s stepped off the track laid out in 2008. It doesn’t mean you’re giving up on him.