Tag: Guantanamo Bay

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crime and punishment general freedom moral hazard national politics & policies

Guantánamo Gestures

Guantánamo, detention, Cuba, Obama, terrorism

It’s a fun word to say: “Guantánamo!”

Almost like “Geronimo!”

Of course, Guantánamo and Geronimo are nearly opposites. Geronimo was an iconic Native American warrior against the U.S. military. Guantánamo is the famous — or infamous — American military prison located at Guantánamo Bay, Cuba.

President Obama wants to shut the prison down. Why? Symbolism. He argues the prison “undermines” our national security by reminding the world of the harsh interrogation techniques used on prisoners — the Red Cross called it “torture” — and the indefinite detention of people — so far for 14 years — without any due process.

Republican presidential candidates countered, with Ted Cruz telling Obama, “Don’t shut down Gitmo, expand it and let’s have some new terrorists there.” Donald Trump promised, “We’re going to load [Gitmo] up”

Meanwhile, Obama’s plan to close Gitmo lacks any destination for more than a third of the remaining 91 prisoners. Apparently, part of the plan is to come up with the rest of the plan.

What’s not part of Obama’s plan? Ending the American policy of indefinitely incarcerating suspected terrorists and denying them any opportunity to defend themselves in either a civilian or military court. The president’s scheme is simply to relocate these detainees to U.S. soil and continue to hold them without charge — forever.

That’s why lawyers for the Center for Constitutional Rights panned Obama’s plan, which “does not ‘close Guantanamo.’ It merely relocates it to a new ZIP Code.”

The Guantánamo Bay facility isn’t the problem. Shut down the policy of holding people indefinitely without any system of justice. Let’s show the world more than symbolism; let’s give them (and ourselves) a little peek at truth, justice and the American Way.

This is Common Sense. I’m Paul Jacob.

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Guantánamo, detention, Cuba, Obama, terrorism

 

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crime and punishment national politics & policies U.S. Constitution

Indefinite Detention, Definitely Wrong

“No western government has ever claimed the power to do this,” said Judge Andrew Napolitano, on Fox’s The Plain Truth. “Not the King of England, not Hitler, not Stalin, not even the Russian and Chinese Communists.”

Hitler comparisons are a dime a dozen these days, but Napolitano was not referring to something minor. He was talking about the power to hold someone for the whole of his or her natural life, even after being acquitted in a U.S. court of law. 

By a jury. 

Yes, on March 7, 2011, Barack Obama, President of the United States, signed an executive order detailing how detainees will be held. Key word: “continued” — which is code for Indefinite.

The president’s supporters squirmed. Obama had promised to close the Guantánamo Bay facility during his campaign. On AlterNet the story was covered as a “step forward.” The Washington Post, on the other hand, quotes Republican Representative Peter T. King saying the order vindicates George W. Bush, whose administration had established the practice of indefinitely holding suspected terrorists at the site.

The order does affirm the right of habeus corpus for detainees. But its aim is to merely provide a review of cases. It doesn’t question “the executive branch’s continued, discretionary exercise of existing detention authority” — which is what rightly bothers Judge Napolitano. 

The order is legalese; non-​lawyers may nod off. It’s hard to see the Hitlerian element.

But that’s what the “banality of evil” is all about.

This is Common Sense. I’m Paul Jacob.