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Question. If you couldn't close Gitmo would you...

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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 06:57 PM
Original message
Question. If you couldn't close Gitmo would you...
A) Hold everyone there hostage indefinitely, even without chance of a military trial, while arguing with Republicans about funding for civilian trials.

B) Release all the prisoners, even those who may in fact represent a clear and present danger to the well being of the United States and her peoples.

or

C) Realize that it's a bitter pill to swallow, but that allowing tribunals to move forward at least allows for the processing of prisoners in some fashion. Not every person who faces a tribunal is found guilty...

What would you do??
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RUMMYisFROSTED Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:00 PM
Response to Original message
1. D)
Admit failure.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:02 PM
Response to Reply #1
3. Which would solve the problem how?
Thankfully OUR administration isn't ready to go belly up that fast
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:03 PM
Response to Reply #3
5. They went belly up when they allowed the Democratic Congress to
block transfers to US soil.
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RUMMYisFROSTED Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:05 PM
Response to Reply #3
6. By allowing someone else to "try."
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:02 PM
Response to Original message
2. Prefer criminal not military trials. Actually that is the only correct option.
The Democratic Party fucked that option up, royally.

You can argue that military tribunals are better than nothing, but that doesn't make them fair or necessarily constitutional.

What you left out of your scenario, though, is that the Obama Administration has no intention of even trying them all in military court. They have long said there are a significant number who will never be tried, will never charged and likely never be released.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:07 PM
Response to Reply #2
8. I'm sorry bit I googled Obama saying some wouldn't face trial
The only example I found was someone else talking about how some couldn't have a trial because all the evidence gathered was gathered with Bush-era torture.

Do you have quotes I could see?
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:19 PM
Response to Reply #8
15. There are 48 that the Administration has admitted can't be tried and should be held.
IT has been public knowledge for years. Here is one mention of the 48. You

An administration task force ultimately determined that at least 48 detainees were too dangerous to release but could not be put on trial. Officials have said the evidence against these detainees has been tainted by torture or cannot be used in court because it is classified or would not meet legal standards.

"When the review panel puts someone in the category of long-term detention, the 48 people, what happens then?" the administration official said. "Are they there for the rest of their lives? What's the review mechanism? How impartial is it? Do they have a chance to contest it? All of that stuff has to be answered. And we have been working on an executive order laying out these elements."

http://www.washingtonpost.com/wp-dyn/content/article/2010/12/21/AR2010122105523_2.html
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:34 PM
Response to Reply #15
32. Thank YOU!
Very informative,


Only stuff I could find was news of the recent XO signing.
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hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 08:41 AM
Response to Reply #15
77. How many people are on the streets today because of insufficient/tainted evidence?
Quite a few. Some of them were rearrested on other charges
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fittosurvive Donating Member (538 posts) Send PM | Profile | Ignore Mon Mar-07-11 07:02 PM
Response to Original message
4. C) And although logic is sometimes hard to swallow, a logic based decision
is superior to a decision based on emotions.
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:07 PM
Response to Original message
7. I wouldn't let anyone stop me from closing it n/t
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:08 PM
Response to Reply #7
11. Which indicates that you have a
..poor... understanding on how our government "functions". Or at least how it functions on this specific issue.

I use the word functions lightly...
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:20 PM
Response to Reply #11
16. Obama let the Democratic-held Congress do this to him.
Weak, sad leadership. Well, lack thereof.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:46 PM
Response to Reply #16
37. What would could he have done?
Beat them?

Bribe them?

Should he have made compromises?

HOW?

Leading isn't just telling people how it's supposed to be, then yelling and pouting at them till it's that way..I think Scott Walker is proving that point very well.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:47 PM
Response to Reply #37
38. Sticks and carrots, then breaking arms. It is all about $$$upport
for pet projects. It could have been done.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:49 PM
Response to Reply #38
40. Not if you are trying to pass HealthCare Reform
and Credit Reform


and Housing Market Reforms

I unfortunately think Gitmo became the stick and carrot for the other things the Dems were too scared to back.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:52 PM
Response to Reply #40
42. That was a bad trade.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:59 PM
Response to Reply #42
44. Some would say it was, some would say it wasn't
I think that would be a really interesting debate.
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dionysus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:17 PM
Response to Reply #37
53. some want a left wing version of bush\walker...
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coalition_unwilling Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 09:01 PM
Response to Reply #37
68. He should have gone to the mat with the Dem Congress. Specifically,
Edited on Mon Mar-07-11 09:02 PM by coalition_unwilling
hold up action on any and all bills until the Dem Congress backs off and lets him do what he campaigned to do and what I voted for him to do. If Congress refused to heed his wishes, he should have threatened to resign. And carried out the threat. Some things are more important than retaining power.

Now, Obama's pretty much lost me for 2012. Sure, I'll hold my nose and vote for him probly, if I can be bothered to waste time to vote. But volunteer or donate to him? Fugeddabout it.

ON EDIT: Gitmo is AN ABOMINATION.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 08:28 AM
Response to Reply #68
75. "If Congress refused to heed his wishes, he should have
threatened to resign. And carried out the threat."


Oh boy.
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coalition_unwilling Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 11:44 AM
Response to Reply #75
79. Welcome to my Ignore list, you condescending, partronizing asshole. - n/t
Edited on Tue Mar-08-11 11:45 AM by coalition_unwilling
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JoePhilly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:20 PM
Response to Reply #16
55. Congress is a co-equal brach of our government ... Obama can't force them to do dick.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:24 PM
Response to Reply #55
58. A sign of weakness. Force isn't the only means anyway.
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JoePhilly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:29 PM
Response to Reply #58
59. Right ... he was supposed to sweat talk the Blue Dogs.
What nonsense.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:30 PM
Response to Reply #59
60. He failed. Everything else is a sad excuse.
Edited on Mon Mar-07-11 08:31 PM by tekisui
It wouldn't take sweet talk, it would take compromising and money for pet projects. There are a myriad of ways he could have gotten there had he really wanted to.
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JoePhilly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:40 PM
Response to Reply #60
63. Yea, he didn't really want to close it.
Again, more nonsense.

If he did not want to close it, why spend a good chuck of the past 2 years trying to close it? The dems in Congress will not support closing it (many of them voted for the Iraq war in the first place).

Again ... the key phrase to learn ... "co-equal branches of government" ... that is what the founders created, by intent. Obama is not God, not King, and not a Dictator.

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:44 PM
Response to Reply #63
64. Obama is not God, not King, and not a Dictator. Neither is he a leader.
Nor does he know how to get the party he heads to work with him. So sad.
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JoePhilly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 05:41 PM
Response to Reply #64
80. The party he heads is not nearly monolythic enough.
The GOP has become very monolithic. The Democratic party is not.

Obama can not order the Blue Dogs to do anything, as much as we wish it was so. And he can't 'lead them' anywhere that they do not want to go, period.

And I will bet that you can't name a single DEM who would be more persuasive and get the Blue Dogs to do what you want.

Correct?
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RandomThoughts Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:07 PM
Response to Original message
9. Honestly, there treatment, and other actions over decades
Edited on Mon Mar-07-11 07:09 PM by RandomThoughts
has radicalized some people, and that will probably be paid by some bad things happening for a generation or two.

Or more can be radicalized. By keeping them in prisons.

:shrug: But not going to be bitter about it, because I am not going down that path, and neither are the millions of people that do not need to be treated as if they are ran by a Hamiltonian control security state like the Federalist want.

So it would be better to release them and lose a few thousand people in 'attacks', then to hold someone outside of the principles that maintain a high ground. Although then again people would have to learn that concept. And that goes against security state concepts.

I think everyone on TV should be calling Americans cowards after 9/11 for not being able to handle a bad event now and then.

Sometimes bad things happen, and freaking out with fear is not the way a country should handle that, although the leaders did not help much with that, and moved the fear to thoughts of a game like war.

Maybe I think to much of people, but a thorough explanation of the problems of consolidations, and distributions, and how that creates unrest and problems in many places would have been a better reaction to 9/11

Not to mention we could have been off oil by 2000 if we had stared in 1970. So really the whole middle east domination strategy has that as a problem.


LOL Sorry I am not having a bitter pill, and neither should people, because with education it is not bitter, and then it is only done if actually needed. And if it was needed, there are a few million people that need there wealth removed, and need any control or influence over information systems removed.

although I do clearly see the 'federalist' scripts are still being ran, even if they lead to destruction. At least they have been told what they are doing.

Then again I am not bitter, but will see justice and compassion in many things.

And I am due beer and travel money and many experiences.
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Bake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:08 PM
Response to Original message
10. And why couldn't I close Gitmo?
Two words: EXECUTIVE ORDER.

Just do it.

Bake
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:10 PM
Response to Reply #10
12. Three words
No Congressional Funding

He signed an XO closing it. Didn't stick. Now what?
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YellowRubberDuckie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:16 PM
Response to Original message
13. There is an episode of Criminal Minds that you should watch.
It is from the second or third season. It is Paget Brewster's first episode as a member of the BAU. Gideon, Reed and Prentiss go to Guantanamo to speak to a guy they have been beating up for seven years. They couldn't even get the dude's real name from him. They are there for like two days and simply speak to the man. They find out who he is, what his philosophy is and thwart some terrorist attacks in the making. It's a FANTASTIC episode.
I think we should close it, but if we're not going to, how about we start using some non-torture methods to question people? How about we try to get to know them, show them respect, respect their religion, and stop reinforcing the idea that Americans are evil?
Duckie
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:20 PM
Response to Reply #13
18. That's a nice story
unfortunately is just a story.

That's like those people who say they saw Jack Bauer shoot someone in the knee and he told them all he wants to know, therefor torture is ok. Anecdotal evidence is anecdotal.
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YellowRubberDuckie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:29 PM
Response to Reply #18
26. It makes a point, though.
You get far more information by actually talking to someone, learning about them, showing them respect (fake or not) than you do by torture. It's a proven fact. Are you a torture apologist? If you are, you are on the wrong website.
Duckie
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:33 PM
Response to Reply #26
30. Haha nooo
Did you see anything in my posts that suport torture?

All I was saying is one television show showing people being nice is just like that television show shooting people. Neither have applicable solutions to a real life situation.

I agree with what you say, I am just saying if we dismiss the 24 fans we would have to dismiss the Criminal Minds story too...

Also, I was trying to be nice and just talk politics and policy, did you have to accuse me of being a torture apologist because I didn't agree with how you were making your point? Like... seriously? Did you have to there? You could have totally left that sentence out and made your point perfectly well.
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YellowRubberDuckie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:00 PM
Response to Reply #30
45. The way you said it...
...it sounded like it. I'm sorry I assumed. Sometimes it gets me into trouble. I admit that freely and apologize if I offended you. I wasn't being accusatory. I thought you were coming out and saying it.
I was just asking. And I don't dismiss the 24 fans either, mostly because I know if I got shot in the knee, I'd rat out my grandmother. :evilgrin:
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:02 PM
Response to Reply #45
46. Haha
It's all good, I wasn't trying to be mean either.

Thank you for clearing it up with me.

ps.. dont feel I would also sell my Nana down river.... haha just kidding Grams!!...(not really tho)
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:17 PM
Response to Original message
14. I'll take C
I've just kind of moved on to other things.

The economy, jobs, the working men and women in Wisconsin and Ohio, health care, jobs, education, the environment, marriage equality and standing up to the Westboro Baptist Church.

I'd like to see the prison closed, but it's about #497 out of 500 priorities that I have for this country right now.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:21 PM
Response to Reply #14
19. Yeah, human rights are not important at all. Neither is the Constitution.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:28 PM
Response to Reply #19
25. Oh yea
cause this situation is so simple as that.

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:30 PM
Response to Reply #25
28. I never claimed it was simple, only worthwhile.
It is a question of human rights and constitutionality. That makes it of the utmost importance. That part is simple and important enough to do it, even if it is hard and complicated.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:39 PM
Response to Reply #28
35. I agree
and the hard and complicated part of this is holding trials in order to at least seek some form of closure to these cases..

We can't just let them free. How do we get them home? What do we do with people who have nothing to go to? Where do we get the money for that?

What about those that represent actual danger to human beings. If you release someone then they go and blow up a cafe or a car or something awful (not saying they will, just a what if, you have to consider when making these decisions) then was a violation of their rights enough to release them?


The situation is untenable, that is something I think we can all agree upon, but simply "letting them all go" would be a giant mistake.
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:20 PM
Response to Original message
17. false description of the circumstances....
Edited on Mon Mar-07-11 07:21 PM by mike_c
Unless I'm mistaken, Obama could close Gitmo tomorrow if he wanted to. The president picks up the phone, calls the base commander (or his commander's commander, more likely) and says "My order today is that you close the prison at Gitmo with all due dispatch." I presume he'd have to send a written executive order.

What he apparently cannot do, because he seems incapable of negotiating his way out of a wet paper bag, is work with congress to find a solution that's mutually acceptable to republicans and blue dogs. That's a whole other kettle of fish, and further indication of his lack of spine when doing the RIGHT thing-- and no one will ever convince me that Gitmo is anything but a crime against humanity-- is in conflict with what his opponents want.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:21 PM
Response to Reply #17
20. "he seems incapable of negotiating his way out of a wet paper bag,"
Yep. Even within the party that he heads!!
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:25 PM
Response to Reply #17
22. Actually it's your description of the circumstances that is false.
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:36 PM
Response to Reply #22
34. explain to me who in congress has the authority to countermand an order...
Edited on Mon Mar-07-11 07:37 PM by mike_c
...from the commander in chief of military operations to his chain of command in the executive's realm of authority? Would the speaker of the house have that authority? Would the senate majority leader?

No.

What congress did was block the alternatives he stated as objectives, largely by refusing to fund them. What Obama hasn't done is press his authority to simply close Gitmo if he wishes. He has agreed-- even if tacitly-- to abide by congress's decisions, not because he is bound to them, but because he is loath to go around them.

Obama could close the prison camp this afternoon if he wanted to put doing the RIGHT thing in front of his future political ambitions. Instead, he apparently prefers complicity in war crimes.

Just another broken promise.

I'll just sit over here and "try to keep up."
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:44 PM
Response to Reply #34
36. So what would You do after your army released the 174 prisoners onto Cuban soil?
How would you find the money to get them home?

"" "" Rehabilitate them?

Would you sign another executive order demanding money for the operations?

Wouldn't that be a gross over step by any president? Even if it was "for the right thing"

Then that would sent the precedent for the next CiC to start signing XO's whenever congress didn't agree..

Should we just let the President make sweeping XOs without any heed paid to the other two wings of our government?
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:50 PM
Response to Reply #36
41. first and foremost, nearly all of them are the victims of crimes against humanity...
Edited on Mon Mar-07-11 07:57 PM by mike_c
...committed by the American military. Any discussion of their treatment needs to begin there. Second, I suspect the president has enough money at his disposal to fuel some airplanes for personnel transport to wherever the freed prisoners want to go and can go. The last president had the money to fly them the Cuba against their wishes. This one can certainly find some funds in the pentagon budget to fly them home. Some might not be able to return to their countries of origin. I say, buy them a condo in New Jersey. Or wherever. They are OUR victims now, no matter what they might or might not have done in the past. The U.S. has NO CASE against most of the Gitmo detainees and never had one. They deserve freedom, a sincere apology, reparations, and assistance. If they can't be moved from Guantanamo at all, build them some condos there. Again, I suspect that Obama could find the money if he had the courage.

That's what I would do. And yes, Obama could and should do exactly that. Human rights don't suspend themselves for political expedience. He's got a pickle. How he solves it shows his mettle. Utterly failing to solve it does too.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:58 PM
Response to Reply #41
43. I can totally see the headline on Fox..
"Obama buys and flys freedom for Gitmo Prisoners"


then after we give them reparations and assistance ONE....just ONE of 174 suspected terrorists is ACTUALLY a terrorist, and does something horrible.


Listen, I'm not saying what we are doing there is right. It isn't. It's horrible and it's disgusting. But that doesn't mean that the 174 people there are ALL innocents. I think the President is showing his mettle by realizing that sometimes you just have a take a bite of shit-sandwich and chew....He isn't wanting to arrest new prisoners, he doesn't want to fill it back up, he simply wants to deal with the prisoners already detained. Which I think is an appropriate thing to do.




THat and I would never make someone live in Jersery...
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wellst0nev0ter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:04 PM
Response to Reply #43
47. Who Gives A Shit About Fox?
If they are too dangerous to be let out to the general public PROVE IT. Period, end of sentence. What are we, Soviet America?
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:09 PM
Response to Reply #43
49. you see, that's the thing about human rights-- you either believe in them...
Edited on Mon Mar-07-11 08:18 PM by mike_c
...or you don't. But whatever Fox News has to say about it is irrelevant. Right is right. Human rights are not ambiguous.

Do you know what the word "inalienable" means? It refers to rights that are everyone's by benefit of their humanity, not their nationality. Human rights are inalienable. They transcend national politics, and the need of individual leaders to beat their chests, impress their constituents, or please Fox News.

Obama is participating in an ongoing crime against humanity. We have a word for people participating in crimes. Obama has willing joined that dubious fraternity, and by participating in some of the most heinous crimes we recognize. Indefinite detention without trial is a crime against humanity any way you slice it. Preventing it was one of the causes that led to the creation of this nation.

To hell with what Fox News thinks or says. I want a president who stands up for human rights, not one that sits down when Roger Ailes tells him to.
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TheKentuckian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 07:49 AM
Response to Reply #36
74. You have the gall to whine about setting a precedent in the face of setting one where
the Constitution is put through the shredder, burned, and the ashes pissed on.

Indefinite detention.

Fucking up habeas corpus.

Violating the right to a fair and speedy trial by one's peers.

Allowing Congress to violate the Constitution while allowing them to cuckold the Administration into dereliction of its own Constitutional duties.

Jack, this isn't disagreeing, this is a Congress that has exceeded its own founding document and dictating essential lawlessness.
You have the President rolling over for a seriously illegal action forcing the nation to willfully violate its most fundamental law, break treaties, and commit crimes against humanity.

You are just digging for excuses. The only Constitutional action is to try the prisoners that we can and release those that cannot be charged. Seeking another path is how this situation turned into a fiasco. Obama was trying to thread some needle for political purposes and sought a political solution to a legal problem and attempted to effectively relocate Gitmo from Cuba to US soil and didn't get funding for his scheme and for his trouble Congress pushed the envelope of its authority to the breaking point by passing unConstitutional law as a ryder dictating the President be required to give 120 days notice of trial or release.

Even to this moment the President could discharge his lawful duties but he doesn't wish to be seen as weak on terror or take the heat for a problem and so will let Congress "hamstring" him rather than to act in the only lawful way possible.
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:06 PM
Response to Reply #34
48. Explain how being CIC overrides Article 1, Section 8 of the Constiution?
You know, there's a reason the Executive isn't able to override the laws of Congress.
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:15 PM
Response to Reply #48
51. bit of a non-sequitur, isn't it?
Edited on Mon Mar-07-11 08:16 PM by mike_c
I mean, has congress passed legislation banning Obama from closing the prison camp at Gitmo? I'm not aware of such legislation. Did Obama sign such a bill into law? After all, it would require his signature or a congressional veto override.

No.
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:31 PM
Response to Reply #51
61. Yes. They did pass such a law.
In 2009 as a supplemental, and as part of the Defense Authorization of 2010, which is extant.

As President OBama does not have a line-item veto, and he had a veto-proof majority.

http://www.govtrack.us/congress/bill.xpd?bill=h111-2647

Really. You can look this all up.

But you still haven't explained how being CIC overrides the authority granted to congress under Art 1, Section 8.
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:45 PM
Response to Reply #61
65. close, but not quite....
Edited on Mon Mar-07-11 09:29 PM by mike_c
I presume you're referring to section 1041 (jeeze, give me a hint next time-- I mean, it's 655 pages!). It does NOT prohibit freeing the prisoners from Guantanamo, and even if it did I'd STILL blame Obama for signing any such bill into law under any circumstances. Such a law would institutionalize crimes against humanity in the U.S. There have been a number of such instances in the last several presidencies, and they're all crimes for which presidents are culpable, IMO.

Nonetheless, Section 1041 of the H.R. 2647 simply blocks appropriations for resettlement of detainees in the U.S. Further, it has expired. It expressly does NOT prevent the president from freeing the Guantanamo detainees or finding another solution that is congruent with international human rights standards and U.S. law. It also provides Obama with a way to get around even the funding restriction. (on edit: note too, that section 1041 only encumbers the Secretary of Defense, not the President. In some ways that's a distinction without a difference, but it also allows Obama additional leeway for action should he have the courage to do the right thing rather than the merely expedient thing)

Here is section 1041 (on edit-- here is the SUMMARY VERSION of section 1041):

Section 1041 -
Prohibits the Secretary, from October 1, 2009, through December 31, 2010, from using any funds to release into the United States any non-U.S. individuals detained at the Naval Station Guantanamo Bay, Cuba. Prohibits the Secretary, during the same period, from using such funds to transfer any such individuals to the United States or its territories or possessions until 45 days after the President submits to the defense and appropriations committees a plan for the disposition of such detainees. Requires the plan to include, at a minimum: (1) an assessment of risks posed by such an individual; (2) measures to be taken to mitigate such risks; and (3) the costs associated with executing the plan.
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 09:31 PM
Response to Reply #65
71. You do realize it was reauthorized and strengthened for 2011, right? In December, 2010.
And again, you still haven't explained how being CIC overrides the perogatives of Congress expressed in article 1, Section 8.

Obama can't close Gitmo. He can't release prisoners who have no where to go. He can't bring them on American soil.

“Let me tell you what the bill actually does. ... It prohibits the transfer or release of detainees into the United States or its territories,” House Armed Services Committee Chairman Ike Skelton (D-Mo.) said last week. “This is the most thorough and comprehensive set of restrictions ever placed on the transfer and release of detainees. It is substantially stronger than current law.”



Read more: http://www.politico.com/news/stories/1210/46743.html#ixzz1FyHotMMH
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 09:48 PM
Response to Reply #71
72. there are numerous ways that Obama could do it....
Edited on Mon Mar-07-11 09:58 PM by mike_c
First, I haven't "explained how being CIC overrides the perogatives of Congress expressed in article 1, Section 8" because the operation of the Guantanamo prison isn't one of congress's prerogatives. Congress's only legitimate role in this regard is to pass legislation that the president can choose to sign into law and then must obey, and to appropriate funds or refuse to appropriate them. In the former instance Obama would be worse than a fool for putting his signature onto a law telling him that he must operate Guantanamo in violation of U.S. law and international human rights, and he simply has not done so, as I've pointed out previously. He's operating it that way on his own authority, not Congress's.

Second, Obama has numerous alternatives. Here's one: negotiate a deal with a neutral third party who will accept the detainees, then repatriate them in whatever manner is best for all parties. Once outside U.S. jurisdiction, congress can pound sand. Give 'em a passport and maybe a name change and they could settle anywhere they want, including Miami. Think for a minute about how difficult it would be to secure such negotiations-- for the richest, most powerful nation on Earth. I suspect finding someone who will do the right human rights thing for a favor or two wouldn't prove insurmountable. It is entirely within Obama's authority to do that under the present laws as I understand them. He CAN order the prison emptied and the crimes against humanity stopped, and there are solutions for relocating the prisoners, most of whom, as I've said up-thread, are victims of U.S. crimes, not perpetrators of crimes against the U.S. You know how I know that latter circumstance to be true? Because this is America, where we BELIEVE that people are innocent until proven guilty as a matter of PRINCIPLE, and the U.S. has no case against most of the detainees. We are committing crimes against humanity because we're EMBARRASSED to stop. How can you possibly keep defending that?

on edit: I did the rapid scanning through lengthy legislation the last time. If you think it helps your point, YOU quote the law this time!
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quaker bill Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:13 PM
Response to Reply #17
50. Gitmo is a prison
what was done there may well have been crimes against humanity. Places are not crimes.

The republican leadership is a great many things, some unmentionable in polite company, but a wet paper bag they are not.
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:23 PM
Response to Reply #50
57. the prison we're discussing was created expressly to commit crimes against humanity...
...so I think the minor verbal sloppiness involved in calling the prison itself a crime against humanity is apropo, if not entirely accurate in the strictest sense. Nonetheless, I take your point.

Indefinite detention without trial, torture, kidnapping, war crimes against combatants and non-combatants both-- those are all arguably crimes against humanity. The prison camp at Guantanamo contravenes the principles of the Geneva Conventions and the U.N. Charter, both of which the U.S. has adopted as law via treaty. Whatever we want to call the prison, there is little ambiguity about the nature of the crimes we have committed there.
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quaker bill Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 07:20 AM
Response to Reply #57
73. I do not argue
but it is still just a building. What goes on there now is a matter of concern. What happened there in the past should be dealt with at the ICC. We did not need GITMO to engage in such activities, as this was hardly the only place where such things happened. Closing it alone will not necessarily prevent such activities from happening again elsewhere.

It is only a symbol for what happened there, and as such, closing it is not relevant. Ending the policy is all that ever was relevant.

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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:23 PM
Response to Original message
21. Ain't no reason to say "Can't Close Gitmo"
so arguing from a faulty premise is a waste of time. Better resign, and let someone who has a backbone and a sense of decency take charge.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:26 PM
Response to Reply #21
23. Just posted this above but just incase you don't read posts, just like you don't read the news.
Edited on Mon Mar-07-11 07:27 PM by DFab420
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:27 PM
Response to Reply #23
24. Like the poster said, get someone with backbone to do it.
All of those Congressional acts were from the President's Party. The party that he heads. Pathetic lack of leadership.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:29 PM
Response to Reply #24
27. He actually heads the country..
Edited on Mon Mar-07-11 07:29 PM by DFab420
While it is on Pelosi and Reed to wrangle the other houses.

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:31 PM
Response to Reply #27
29. And the party.
He is the head of the Democratic Party at the moment and was when his party gave him the shaft. He stood there and took it, unable or unwilling to make his party work for the promise he made to the American people. He failed.
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dionysus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:19 PM
Response to Reply #21
54. so obama needs to resign because he has no backbone or decency?
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 09:16 PM
Response to Reply #54
70. Not to worry
Lack of decency guarantees he won't.
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Shagbark Hickory Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:34 PM
Response to Original message
31. D.) Judge Judy.
Seriously. A hybrid between B and C. A little outside my area of expertise though.
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Cali_Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:36 PM
Response to Original message
33. B
First of all, the main reason why the politicians fear real trials is because many of the prisoners were tortured in order to extract information regarding a non-existent link between Saddam and Al Qaeda. The hope was that the information could then be used by Bushco to justify the invasion of Iraq.

The problem is that this would all come out in a real court and evidence extracted through torture won't be permissible in a real court. The prisoners would then be let go.

Even if they are a threat, we fucked up by violating their human rights and we have to bite the bullet. Let that be a lesson to us regarding the violation of human rights.
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DFab420 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 07:47 PM
Response to Reply #33
39. Huh, not what I would go for, but a well thought out response.
Thank you for using logic and reason. While I may disagree with your conclusion, I can totally see where you are coming from.
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quaker bill Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:15 PM
Response to Original message
52. I would act to release as many as I could
through the existing process and continue to work on a better solution for the remainder.
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:20 PM
Response to Original message
56. Why can't I close Gitmo?
For that matter, why can't I hold all my students hostage. I suspect some of them are dangerous to the well-being of the US.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:36 PM
Response to Original message
62. I would have closed Guantanamo bay.
Fear would not keep me from doing the right thing and following the rule of law. I do not fear the rule of law. The tribunals are a sham.
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dionysus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:49 PM
Response to Reply #62
66. and without congress approving it you would have been a laughingstock
apparently.. ah fuck it...


:rofl:
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 08:51 PM
Response to Reply #66
67. Obama failed badly on this very important promise. He couldn't even
get his own party to support him.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 08:37 AM
Response to Reply #67
76. LOL "He couldn't get his own party to support him"
The rabit hole gets deeper. Everything is Obama's fault and his alone because he should be able to make people support him and do what he says. He's an utter failure. All he needs to do is just really want something to happen but he really doesn't want it, because if he did he could make it happen.

Oh boy.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 05:44 PM
Response to Reply #76
81. He's not an utter failure. He failed on this issue.
Good to see you think constitutional and human rights abuses are LOL worthy. Obama and the Dems fucked this up. They have only themselves to blame for this failure.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-07-11 09:13 PM
Response to Reply #66
69. I didn't realize the executive branch gave back its dictatorial powers.
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 09:15 AM
Response to Original message
78. There is no real reason Gitmo can not be closed immediately
It is only because of Republican opposition that Obama has caved and will do whatever bidding the Republicans demand..It was opened in a matter of days and can be closed in the same amount of time..
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RagAss Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-08-11 05:47 PM
Response to Original message
82. No ! It must stay open for DU Trolls.
Seriously, close it down now!
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