6 comments on “How Obama Got Elected

  1. I would rather be promised ice cream and not get it than continue to allow humans to be held without the right to a fair trial indefinitely in a hell hole.

    – Schev

  2. That was a big promise of his, and one you obviously expect him to follow through on. We’ll see just how soon that “hell hole” closes. The Executive Order he signed doesn’t say it’s going to close, but that they’ll study it.

    Want sprinkles with that?

  3. Actually it does.

    “The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.”

    Granted, I’m a little concerned about that last bit, but I’m sure the situation will be infinitely better than it is now.

    – Schev

  4. The problem most people have with Gitmo is the lack of trials given to the detainees. Many have been held for years without due process. However, as Julian Ku points out, this bill does nothing to correct that.

    “Obama is pre-committing himself to closing Guantanamo by next January. But that is the only thing that is really different about this policy from Bush’s, since Bush was also sending detainees to home countries or third countries. Besides, it is not Guantanamo itself that is what people object to, but the detention of individuals without granting them rights under international or constitutional law. And nothing in this order seems to guarantee that this will change since all it says is that individuals could be transferred to “another United States detention facility.” This could mean Afghanistan, for instance. Only a pledge to transfer them to a facility in the territory of the United States would guarantee them U.S. constitutional rights. And even then, the order seems to suggest this transfer to U.S. territory would only happen if Congress gives some legislative authority to detain without trial within the U.S. The individuals at Guantanamo and in U.S. custody already enjoy Common Article 3 protections under international law, after the 2006 Hamdan decision.”

    The detainees have no guarantees if they are sent out of this country. I think being jailed in Afghanistan could be quite a bit worse than Camp 6’s airconditioned environment. Atleast the worst of the worst get two hours of fresh air a day. SuperMax prisoners in the States only get one hour.

  5. If you don’t have inmates, you don’t need trials. As I said, that language is open-ended, but I disagree with the intent of it. It seems to me that keeping inmates in US custody would be a last resort based on the language of this order.

    The fact is that Guantanamo is closing and we are ridding ourselves of that national embarrassment.

    I never said I approved of conditions in U.S. prisons either (I don’t), so that argument is moot.

    – Schev

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