ACLU: Obama's Gitmo policy takes us back a step, when we should be ending shameful policies

[Bluebear]

Administration Also Announces It Will Use Military Commissions For New Terrorism Cases

FOR IMMEDIATE RELEASE
CONTACT: [phone]; [e-mail]

NEW YORK – President Obama today issued an executive order that permits ongoing indefinite detention of Guantánamo detainees while establishing a periodic administrative review process for them. The administration also announced it will lift the ban on bringing new military commissions charges against detainees that don’t already have ongoing cases in the substandard system.

The American Civil Liberties Union has long called for Guantánamo to be shut down and opposes the indefinite detention of prisoners there, some of whom have been imprisoned by the U.S. without charge or trial for nine years. The ACLU has also long called for an end to the illegitimate military commissions and for the government to prosecute terrorism suspects in the federal criminal courts.

The following can be attributed to Anthony D. Romero, Executive Director of the ACLU:

“The best way to get America out of the Guantánamo 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 Guantánamo military commissions.

“While appearing to be a step in the right direction, providing more process to Guantánamo detainees is just window dressing for the reality that today’s executive order institutionalizes indefinite detention, which is unlawful, unwise and un-American. The detention of Guantánamo detainees for nine years without charge or trial is a stain on America’s reputation that should be ended immediately, not given a stamp of approval. Moreover, the procedures for providing more process are flawed as they vest too much discretion and power in the Secretary of Defense, essentially asking the fox to guard the hen house.

“Even with recent improvements, the military commissions rules are inadequate under established criminal law and international law. Where credible evidence exists against Guantánamo detainees, they should be charged and prosecuted in our federal courts, which have a proven record of prosecuting terrorism suspects and are the only way to provide the fair and reliable outcomes that Americans deserve.

“The only way to restore the rule of law is to put an end to indefinite detention at Guantánamo and the broken commissions system, and to prosecute terrorism suspects in federal criminal courts. Today’s announcement takes us back a step when we should be moving forward toward closing Guantánamo and ending its shameful policies.”

http://www.aclu.org/national-security/president-obama-issues-executive-order-institutionalizing-indefinite-detention

[upi402]

1. card carrying ACLU member

and damn proud of it. I don't give to much these days, but ACLU is prime.

[Bluebear]

6. thank you

[Solly Mack]

2. K&R

[JonLP24]

3. Thank god for the ACLU

[iwishiwas]

4. I was very sad to see this coming from the WH.

[tblue]

5. Me, too. But not surprised.

[Kablooie]

7. Has anyone heard what the rationalization is for keeping these illegal policies?

[mmonk]

8. The ACLU forgets that the executive branch is above all law on earth.

That was established under bush. Obama said something about the constitution and the executive branch as a candidate (one of the reasons I decided to support him) but he has gone back on his word.

[katnapped]

9. Chill out folks!

"He got this"

Or...something.... :sarcasm:

[Bluebear]

11. He's got it alright!!

[frylock]

10. oh boo hoo. is the aclu out of corn flakes too?

:sarcasm:

[EFerrari]

12. Obama Makes Indefinite Detention and Military Commissions His Own

by Dafna Linzer
ProPublica, March 8, 2011, 10:52 a.m.

President Obama yesterday formalized indefinite detention for dozens of men held at Guantanamo Bay and announced that the Pentagon would move ahead with military trials for a handful of other detainees.

In an executive order <1>, which we first reported on in June 2009 <2>, the White House created a board to periodically review the dangerousness of prisoners being held without charge or trial. The order says the new process will allow detainees -- some in custody for nearly a decade -- to challenge the government's determination that they pose a threat if released.

While the order is new, most of the ideas <3> it contains are not. This is the third time such a board has been created for nearly the same purpose. Two similar processes to review detainee cases were in place during the Bush administration. Like its predecessors, the Obama administration's review process will operate outside the courts and will be subject to no independent review. Also like the Bush White House, the Obama administration alone will choose all members of the review board and appoint a "personal representative" to advocate on behalf of the detainees.

The major difference is that the White House, sidestepping claims that detainees have a right to counsel, will allow them to hire private attorneys The order states that the government will not pay legal fees. While detainees will have access to some evidence against them, the government will choose what evidence to share. The process is meant to be more adversarial than it had been under the Bush administration. Detainees can submit their own evidence to the review board but will be permitted to call only those witnesses the government determines to be reasonable. It is unclear whether a detainee can dismiss his personal representative or how the lawyer and representative will work together. The order allows a detainee to make his case for release once every three years.

http://www.propublica.org/article/obama-makes-indefinite-detention-and-military-commissions-his-own

[Bluebear]

13. 'The order allows a detainee to make his case for release once every three years.'

Unreal.

[EFerrari]

15. Cruel and unusual punishment. If we had a justice system here,

this would be impossible.

[Tierra_y_Libertad]

14. But..but..Obama's supporters claim he can't do anything.

He can't go to Wisconsin. He can't stop the wars. He can't cut defense spending. He can't back single payer or the public option. He can't close Guantanamo.

But, he can throw the detainees to the military and institutionalize indefinite detention.

[truebrit71]

16. Is this the same Gitmo he pledged to close within 12 months of taking office?

I'm confused...:sarcasm:

[Bandit]

18. Nothing to be confused about............ Obama is a LIAR....

:shrug: but then so are all politicians...It is our fault for believing both in him and his words..He is an out an out blatant LIAR

[FiveGoodMen]

17. They're correct, but this is the same ACLU that filed an Amicus Brief

siding with Citizens United.

Which predictably resulted in handing near-unlimited power to a few rich monsters.

Can't cheer for them anymore.

Not even when they get it right.

[joshcryer]

19. A decidedly pro-union stance that they took, there.

The irony never ceases to amaze.