As Obama plans for the close of Guantanamo, which is expected to occur early during his presidency, he is faced with tangled legal and moral decisions, some of which will bring down the wrath of the Republicans, and the ire of the Democrats.
Before you jump on the "Bash Obama" bandwagon re Guantanamo, take the time to research1 and intelligently consider the issues. The choices he must make are not easily accomplished nor considered for this former professor of constitutional law, but I believe that he will make the best decisions re Guantanamo, while necessarily protecting our national security. There are no perfect choices in this matter.
The possibilities, in brief
- Some detainees may be released.
- Some detainees may be sent back to their countries of origin for further detention or rehabilitation
- Many detainees would be brought to the United States, and tried in criminal courts.
- Detainees who require special handling, i.e., where sensitive national security matters are involved, may require the creation of a new, hybrid court. A court where the the detainee would not have all of the rights normally enjoyed by those on American soil. They would not be along the lines of the kangaroo courts2 employed by the Bush Administration in the form of military tribunals.
“Though a hybrid court may be unpopular, other advisers and Democrats involved in the Guantanamo Bay discussions say Obama has few other options.
Prosecuting all detainees in federal courts raises a host of problems. Evidence gathered through military interrogation or from intelligence sources might be thrown out. Defendants would have the right to confront witnesses, meaning undercover CIA officers or terrorist turncoats might have to take the stand, jeopardizing their cover and revealing classified intelligence tactics.” | Source
1 A great source for info on Guantanamo: Guantanamo: Beyond the Law Project McClatchy Washington - enormous amount of info including database of prisoners held, documents, etc..
2 Emphasis is mine: “In theory, Obama could try to transplant the Bush administration's military commission system from Guantanamo Bay to a U.S. prison. But Tribe said, and other advisers agreed, that was "a nonstarter." With lax evidence rules and intense secrecy, the military commissions have been criticized by human rights groups, defense attorneys and even some military prosecutors who quit the process in protest.” | Source
Image source: Wikimedia Commons
MORE RECENT POSTS
