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Obama embraces Bush’s military tribunal policy at Gitmo
By Kimberly Truett - Tue Mar 08, 9:30 am
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Edited byKimberly Truett
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Barack Obama recently announced that military tribunals will be held at Guantanmo Bay for the imprisoned detainees, to no avail of the Democratic position.
Republicans are claiming victory; Democrats are claiming another setback. Democrats first conceded their position on Guantanamo Bay in 2009 when Senate Democrats “moved to both wipe out $80 million in new funding for the closing the Guantanamo detention facility and bar the administration from moving prisoners to U.S. soil until there is a more detailed plan provided to lawmakers,” as stated in a May 2009 by Politico.
Obama said he wants to “broaden our ability to bring terrorists to justice,” and issued an executive order outlining the changes Monday afternoon, as Defense Secretary Robert Gates rescinded a January 2009 ban against bringing new charges against terror suspects in the military commissions, according to an article on FoxNews.com.
Rep. Peter King, the Republican chairman of the House Committee on Homeland Security, felt Obama made the right call.
“The bottom line is that it affirms the Bush administration policy that our government has the right to detain dangerous terrorists until the cessation of hostilities.” - Representative Peter King
Likewise, House Judiciary Commitee Chairman Lamar Smith, R-Texas, said the president is affirming Republicans’ position that terrorists should be treated as enemy combatants rather than criminal defendants, underscoring a longtime ideological difference in how politicians view terrorists.
Mr. Smith said Obama has “finally seen the light,” and Republicans would concur. Obama’s decision has received strong criticism from the American Civil Liberties Union. They issued a statement which claimed that “the best way to get America out of the Guantanamo morass is to use the most effective and reliable tool we have: our criminal justice system… instead, the Obama Administration has done just the opposite and chosen to institutionalize unlawful indefinite detention – creating a troubling ‘new normal’ — and to revive the illegitimate Guantanamo military commissions.”
According to a written statement by Eric Holder, “The first trial likely to proceed under Obama’s new order would involve Abd al-Rahim al-Nashiri, the alleged mastermind of the 2000 bombing of the USS Cole. Al-Nashiri, a Saudi of Yemeni descent, has been imprisoned at Guantanamo since 2006.”
Obama’s original intentions to close down Guantanamo Bay have been stalled due to lawmakers’ questions as to where the suspected terrorists would be held. Another victory for Republicans. House Armed Services Committee Chairman Howard McKeon said the administration must “work with Congress to create a trial system that will stand up to judicial review.”
According to the Associated Press, the military trials will resume in approximately four months after the administration makes necessary legal adjustments for a handful of the 241 detainees at the U.S. naval detention center at Guantanamo Bay, Cuba. Thirteen detainees – including five charged with helping orchestrate the Sept. 11, 2001, attacks – are already in the tribunal system.
Senator Lindsey Graham referred to Obama’s decision to resume to tribunals as, “a step toward strengthening U.S. detention policies that have been derided worldwide. I continue to believe it is in our own national security interests to separate ourselves from the past problems of Guantanamo,” said Graham, who has been working with the administration on issues related to detainees. “I agree with the president and our military commanders that now is the time to start over and strengthen our detention policies. I applaud the president’s actions today.”
Graham, however, has stated that he would not support the detainees being released into the United States.
So far, three Gitmo detainees have been convicted. The restrictions on evidence will prevent most detainees from actually going to trial. The remaining detainees will either be transferred, released, or tried in US Federal Courts. The battle over Guantanamo Bay will continue to highlight the differences in the ideological positions on the war on terror and the associated policies that some say threaten the safety of America and her people.