Legal Commentary

Obama Issues Order Resuming Guantanamo Military Commission Trials

By Jeralyn

President Obama issued an executive order today clearing the way for more military commission trials at Guantanamo. The ACLU says Obama has now "institutionalized indefinite detention." It calls Obama's new review process "window dressing."

Here's the Order. Here's the administration's Fact Sheet. From Obama's statement. [More....]

From the ACLU's statement:

“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.

Guantanamo should be closed and any criminal charges should be brought in our federal courts.

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.”

Full post as published by TalkLeft on March 07, 2011 (boomark / email).