In July of 2005 I flew to Guantanamo Bay and spent four days on a Potemkin tour of one of the most disgraceful misadventures in American history. I saw bolts dug into the floor of interrogation chambers in Camp Five from which detainees were restrained. I walked the blocks through the six-by-eight green-painted cells of Camps One and Two and saw the small exercise courts where detainees of those camps enjoyed their daily hour out of those cages. I witnessed a non-judicial process called an Administrative Review Board where, with no true process, detainees contend annually that they’re not threats to the U.S., in which a tribunal of military officers absurdly state that they expect detainees to pay for the provision of witnesses in their (quasi)defense. And I did this all beside a group of right-wing radio hosts who brayed about orange chicken and weren’t we a great nation for treating these terrorists so well.
Less than a week after his election, and more than two months before he takes office, Barack Obama is signaling that this monstrosity is coming to an end. This, I submit — to my uncle and anyone else – is change you can believe in. The AP, via Time:
President-elect Obama’s advisers are quietly crafting a proposal to ship dozens, if not hundreds, of imprisoned terrorism suspects to the United States to face criminal trials, a plan that would make good on his promise to close the Guantanamo Bay prison but could require creation of a controversial new system of justice.
There are, of course, problems here. The AP’s reporting suggests Obama is considering a "hybrid process" between the military commissions and the full process enjoyed by U.S. citizens. If there’s anything the military commissions process should have taught, it’s that reinventing the legal system doesn’t work, as evidenced by the bevy of military lawyers who have resigned in protest of the commissions. The concern, stripped of euphemism, is that the evidentiary basis for many trials of Guantanamo detainees — including, in many cases, torture — would never be admissible in any court worthy of the name. That’s the Bush administration’s legacy. But it can’t be the basis for cheapening our legal system.
So we’ll wait to see what proposal actually emerges. But consider not only that this is one of the first initiatives that Obama is pursuing — it’s one of the first that he’s leaking, as well. This is as clear a signal as can be sent that the Bush era isn’t just over, it will be actively rolled back. How far it actually gets rolled back we’ll have to wait and see. And pressure.



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Thanks for this. We have elected a man who is incredibly bright, but also imaginative. We may not know the details, but the anticipation is great. He said: Change You can Believe In, including a return to what this country stands for. Here’s hoping this is the start of lots of “this is the American way.” Thank you. The hope still lives.
I’m glad someone has publicly called Guantanamo a dungeon. I’ve been calling it that for years, because that is exactly what it is—permanent imprisonment with mental and physical torture. Only the whims of the king determine the fate of those trapped there.
if all is done by this president would be to end this depravity, his presidency is ten fold, nay 1000 fold greater then bush’s
Great post and good news. Will pass it on.
A major step forward in restoring our reputation to the rest of the world.
I’ve not seen this mentioned anywhere, including our vaunted MSM, but just where exactly was the Bush/Cheney Administration planning on imprisoning these folks after they had been convicted?
Gitmo?
Or in the US Federal Prison system?
If the former (and I wouldn’t put it past Bush/Cheney), they’d probably get a lot of pushback from both Congress and the Courts.
If the latter, then the Repug argument about not bringing these folks to US soil has been bogus from the very beginning.
Or perhaps Bush/Cheney figured on housing these folks for the duration of their sentences in some of those secret black sites in Poland or Jordan.
IIRC, Leavenworth was being bandied about.
Help the ACLU help Obama close Guantanmo.
(I created an Oxdown diary on this, but it hasn’t manifested today….)
Thanks, Laura!
This is a very tough issue. I don’t see how anything less than a real court case improves our standing in the world. I also don’t see how we have a case against anyone we tortured.
The shrub proves once again that he and everyone around him are masochistic and incredibly dumb.
Laura I see your diary on the list now.
New loosehead at the mothership.
amen brother Ackerman.
so many encouraging signs in the last 72 hours alone -
**cadres of wonks locked in ‘tanks’ working to roll back tons of crap
**ACLU commendation to transition team for it’s inclusion of gender identity/sexual orientation in anti discrimination policy
** hiring a real progressive as outreach to progressive community
lots more out there awready
ps to Spencer – I was unaware of who/what were the Borstal Boys – thanks!
the song makes a lot more sense now
silly hippies . . .you can bet some ‘Pioneer’ was gonna get the construction contract – prolly CCA
looseheadprop up over at the Mothership
There is a “hybrid process” that is blessed by the Geneva conventions, which is to use military trials, under the same rules that are used if the accused is a member of the US military. That is, reject the fake military tribunals that have been set up, and follow the same rules of procedure that are standard in military courts-martial. This provides slightly less protection to the defendant than a civilian trial, but only slightly, and it means that an established process, one that defense lawyers have trained for, is used.
Any other kind of hybrid approach would mean that the US continues to violate the Geneva Conventions.
My dream is that after the war crime trials the whole administration would be sent to gitmo, sort of an Ester ending to the war crimes thing. Let them wander aimlessly among the terror memories they subjected others to.
And as I take my final breath someone says the day has come when we extend the bill of RIGHTS to all persons, as a minimum.
Good article. The alliterative reference to “borstal”, a home for youthful criminal offenders in England, undercuts your credibility.
Those unfamiliar with the word understand a fraction of your joke. To those familiar with it, your sarcastic understatement isn’t funny. It merely obscures the contempt and rage civil societies should feel toward those who founded and support Bush’s regime of torture and his secret, lawless prisons.
good article, well done
good post