Litigation

President Obama Moves Quickly to Close Guantanamo

By Deanna Dawson

In a move hailed as ?a civil liberties trifecta? by the ACLU and criticized by House Minority Leader John Boehner (R-OH) as a ?dangerous step,? President Barack Obama today issued an Executive Order to close the detention facilities at Guantánamo Bay, Cuba.

A video of the signing can be viewed here.

The order provides that Guantánamo shall be closed no later than one year from today. The order also provides for the immediate review of the status of each individual detained at Guantánamo. Such review will include whether each individual may be transferred or released ?consistent with the national security and foreign policy interests.? For those individuals who are not released or transferred, the review shall include a determination as to whether they should be prosecuted in the Federal Courts of the United States.

In signing the order, President Obama stated, ?The message that we are sending around the world is that the United States intends to prosecute the ongoing struggle against violence and terror, and we are going to do so effectively, and we are going to do so in a manner that is consistent with out values and our ideals.?

The order was met with enthusiasm by the United Nations, and was praised by Navi Pillay, U.N. High Commissioner for Human Rights.

President Obama also issued three related orders, that he said demonstrated the United States is ?willing to observe core standards of conduct not just when its easy, but when its hard.?

For some, the Guantánamo order brought more questions than answers. It does not specify what should happen to those individuals who are not released, transferred, or tried in the federal courts, except to say that the review team ?shall select lawful means, consistent with the national security and foreign policy interests of justice, for the disposition of such individuals.? This ambiguity in the order led to some criticism on both the left, and the right.While commending President Obama for ?bold and decisive action? and recognizing the order as ?a giant step forward,? the ACLU expressed concerns about the order. Said Anthony D. Romero, Executive Director of the ACLU, ?There are, however, ambiguities in the orders regarding treatment of certain detainees that could either be the result of the swiftness with which these orders were issued or ambivalence within the Obama administration. We are hopeful that as the process unfolds and gets clarified, there will be no doubt that detainees must either be charged, prosecuted and convicted or they need to be released. That?s the American way; our legal system, while not always perfect, is the best in the world. Adherence to American legal principles requires unconditional action; there is no room for a middle-ground.?

On the other hand, House Minority Leader John Boehner (R-OH) criticized President Obama for ordering the closure of Guantánamo without a definite plan for what to do with those detainees who cannot be released or tried. He also raised concerns about transferring detainees to American soil, stating ?I don?t know any Americans who want these terrorists housed at a detention facility in their backyards.?

In signing the order, Obama attempted to preempt these types of criticisms, saying that he rejected the ?false choice? between ?safety and ideals.?

President Obama entered three additional related Executive Orders. One order calls for the review of the detention of Ali Saleh Kahla al-Marri, the only individual being held as an enemy combatant within the United States. Al-Marri?s case is currently pending before the United States Supreme Court. The Obama Administration also sought an extension of time to file its briefing in the al-Marri case. (Al-Marri is represented by Justice at Stake partner The Brennan Center for Justice. More information on the al-Marri litigation can be found on their website.)

A third Executive order signed by President Obama calls for a review of detention policy options, and establishes a Special Interagency Task Force on Detainee Disposition, to be co-chaired by the Attorney General and Secretary of Defense. Other members of the Task Force will include the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Chairman of the Joint Chiefs of Staff, and newly confirmed Secretary of State Hillary Clinton.

President Obama entered a fourth Executive Order, entitled Ensuring Lawful Interrogations ?in order to improve the effectiveness of human intelligence-gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions.?

In signing the order, President Obama stated, ?We can abide by a rule that says we don?t torture, but that we can still effectively obtain the intelligence that we need.?

The order explicitly revokes a prior Bush Administration order and states, ?All executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the Central Intelligence Agency (CIA) from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals, are revoked to the extent of their inconsistency with this order.?

Full post as published by The Gavel on January 22, 2009 (boomark / email).