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Legal News

: Lawbeat

WaPo hypes Gitmo story to give it news peg

By Mark Obbie

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This story in today's Washington Post by Karen DeYoung and Peter Finn has a superficial, he-said/she-said balance that at first makes the story seem like real news. Officials from the Obama administration say that they are just now realizing what a mess the government's records on Guantanamo detainees are. Some Bush administration officials acknowledge that's true; others deny it; and still others say that the new guys are just making excuses for their inevitable failure to resolve the situation quickly. They're Beltway sources, so of course most speak not-for-attribution. But the tit-for-tat heart of the story seems clear enough: a fresh controversy, opposing views of reality, and a new administration confronting another big problem. The Post doesn't hide which view it finds most compelling. The heds (at least for the Web) read:
Guantanamo Case Files in DisarraySituation Complicates Prison's Closure
And here's the lede:
President Obama's plans to expeditiously determine the fates of about 245 terrorism suspects held at Guantanamo Bay, Cuba, and quickly close the military prison there were set back last week when incoming legal and national security officials -- barred until the inauguration from examining classified material on the detainees -- discovered that there were no comprehensive case files on many of them.
Give the story a closer read, especially near the end, however, and you may come away wondering what the hook for the story really is. To counter a Pentagon spokesman's claim that the information is accessible, the writers offer this:
There have been indications from within and outside the government for some time, however, that evidence and other materials on the Guantanamo prisoners were in disarray, even though most of the detainees have been held for years.Justice Department lawyers responding in federal courts to defense challenges over the past six months have said repeatedly that the government was overwhelmed by the sudden need to assemble material after Supreme Court rulings giving detainees habeas corpus and other rights. . . . In a court filing this month, Darrel Vandeveld, a former military prosecutor at Guantanamo who asked to be relieved of his duties, said evidence was "strewn throughout the prosecution offices in desk drawers, bookcases packed with vaguely-labeled plastic containers, or even simply piled on the tops of desks."He said he once accidentally found "crucial physical evidence" that "had been tossed in a locker located at Guantanamo and promptly forgotten."
Interesting! But why, then, is the story pegged to discoveries made this week? I think I know the answer: The chosen angle was sexier than one that would say, in effect: Now that the Obama team is in power, it must confront a record-keeping problem that has frustrated others for months (or years?). That's still important and newsworthy. It has the added benefit of being true.

Full post as published by Lawbeat on January 25, 2009 (boomark / email).

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