Legal Commentary

Obama: Gitmo Will Take Time to Close

By Jeralyn

During the presidential campaign, Barack Obama said he would close Guantanamo during his first 100 days in office. This morning, on ABC's This Week with Stephanopoulos, he backtracked:

"It is more difficult than I think a lot of people realize," the President-elect explained. "Part of the challenge that you have is that you have a bunch of folks that have been detained, many of whom who may be very dangerous who have not been put on trial or have not gone through some adjudication. And some of the evidence against them may be tainted even though it's true.

And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo American legal system, by doing it in a way that doesn't result in releasing people who are intent on blowing us up."

Shorter version: It will close at some point, just not as soon as he promised.[More...]

But Obama said unequivocally that it will close. "I don't want to be ambiguous about this. We are going to close Guantanamo and we are going to make sure that the procedures we set up are ones that abide by our constitution. That is not only the right thing to do but it actually has to be part of our broader national security strategy because we will send a message to the world that we are serious about our values.

As to prosecuting Bush officials for crimes committed, it sounds like Obama isn't interested:

"We're still evaluating how we're going to approach the whole issue of interrogations, detentions, and so forth. And obviously we're going to be looking at past practices and I don't believe that anybody is above the law." Obama said. "But my instinct is for us to focus on how do we make sure that moving forward we are doing the right thing. That doesn't mean that if somebody has blatantly broken the law, that they are above the law. But my orientation's going to be to move forward."

While he didn't rule out the possibility of a special prosecutor, he said:

"When it comes to my attorney general he is the people's lawyer... His job is to uphold the Constitution and look after the interests of the American people, not to be swayed by my day-to-day politics. So, ultimately, he's going to be making some calls, but my general belief is that when it comes to national security, what we have to focus on is getting things right in the future, as opposed looking at what we got wrong in the past."

Full post as published by TalkLeft on January 11, 2009 (boomark / email).