Obama Backs Military Commissions For Some GTMO Detainees
From his statement, just released:
Today, the Department of Defense will be seeking additional continuances in several pending military commission proceedings. We will seek more time to allow us time to reform the military commission process. The Secretary of Defense will notify the Congress of several changes to the rules governing the commissions. The rule changes will ensure that: First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial. Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability. Third, the accused will have greater latitude in selecting their counsel. Fourth, basic protections will be provided for those who refuse to testify. And fifth, military commission judges may establish the jurisdiction of their own courts.
The decision pleases some Republicans (and Joe Lieberman) but causes concern among civil libertarians."These military commissions are inherently illegitimate, unconstitutional and incapable of delivering outcomes we can trust. Tweaking the rules of these failed tribunals so that they provide ‘more due process' is absurd; there is no such thing as ‘due process light," says Anthony Romero, the executive director of the ACLU. The president's full statement can be read after the jump.
Statement of President Barack Obama on Military Commissions
Military commissions have a long tradition in the United States. They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered. In the past, I have supported the use of military commissions as one avenue to try detainees, in addition to prosecution in Article III courts. In 2006, I voted in favor of the use of military commissions. But I objected strongly to the Military Commissions Act that was drafted by the Bush Administration and passed by Congress because it failed to establish a legitimate legal framework and undermined our capability to ensure swift and certain justice against those detainees that we were holding at the time. Indeed, the system of Military Commissions at Guantanamo Bay had only succeeded in prosecuting three suspected terrorists in more than seven years.
Today, the Department of Defense will be seeking additional continuances in several pending military commission proceedings. We will seek more time to allow us time to reform the military commission process. The Secretary of Defense will notify the Congress of several changes to the rules governing the commissions. The rule changes will ensure that: First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial. Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability. Third, the accused will have greater latitude in selecting their counsel. Fourth, basic protections will be provided for those who refuse to testify. And fifth, military commission judges may establish the jurisdiction of their own courts.
These reforms will begin to restore the Commissions as a legitimate forum for prosecution, while bringing them in line with the rule of law. In addition, we will work with the Congress on additional reforms that will permit commissions to prosecute terrorists effectively and be an avenue, along with federal prosecutions in Article III courts, for administering justice. This is the best way to protect our country, while upholding our deeply held values.
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1
Isn't learning on the job great! Obama finally sees that being "Presidential" is not as easy as making political stump speeches to fraternize his left wing liberal extremists.
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How mad and upset does this make the little liberals on this site? I am just curious. Is this possible fallout from Pelosi?
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I am sure that this really disappoints many on the far left. I feel sorry for you all. The great hope and change mantra has been kicked to the curb.
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I applaud Obama yet again. Twice in one week. Amazing! -
2
http://www.salon.com/opinion/greenwald/2009/05/15/military_commissions/index.html
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This particular news has prompted one of those few instances where I end up arguing with Glenn Greenwald. I think that given the circumstances, this is as good as a result as we can hope for. -
3
Rusty – try not to shoot from the lip. PD's right: this may the least bad resolution for the train wreck Mad King George left behind.
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4
We support the President. He was dealt a hand that he can only make the most of. President Obama is acting with maturity, intellect, and practical reasoning. ...............
http://thefiresidepost.com/2009/05/15/liberal-blog-proud-of-president-obama/
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5
POW POW POW POW POW POW POW POW
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Seriously, Obama, force Congress to vote on declaring war on Al-Quaeda. Declare all prisoners POWs. Keep them locked up until Al-Quaeda ceases to exist and try the war criminals for war crimes. We've already got the legal structure and methodology (and even some left over WWII POW camps) to do all this.
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Why is this so hard for everyone? Why can't we declare war anymore? -
6
"I applaud Obama yet again. Twice in one week. Amazing!"
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Good you can replace the evil, radical Left when it is time to raise money, knock on doors and caste votes. I'm sure Obama will easily replace his base with voters from the right. -
7
One person's train wreck, is another person's reality and realization. I believe Obama has received news that in order to do otherwise is political suicide. One terrorist who goes on a shooting spree in the middle of downtown Oklahoma City would really put him into a pickle. Just saying...
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8
Why does the right immediately leap to the idea that people are going to be released to come to the Rotary picnic and shoot everyone? Seems to me the most recent shooting sprees (Pittsburgh police officers killed with assault weapons for ex.) have been by people who were born and bred right here in the good old USA.
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I agree that this is a mess that was a result of not thinking about the war and GITMO to begin with. Probably as good a way as any to deal with it. I don't think we can really declare war at this point in order to cover this. -
9
One terrorist who goes on a shooting spree in the middle of downtown Oklahoma City would really put him into a pickle. Just saying...
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You're right. One militant skinhead going on a shooting spree in Oklahoma City, and everyone would start asking Obama, "Why aren't you looking at the right wing wackos harder? Why are you letting them kill people instead of rounding them all up and shipping them to Guantanamo?" -
10
It seems there are only two possible advantages to avoiding the regular courts. The first - and given how strenuously Obama has worked so far to help cover up Bush's crimes, probably the most important - is that they will be conducted in secret. This will, to some degree, prevent detainee's accounts of what was done to them from getting out. Of course, the secrecy is also an enormous disadvantage, in that it guarantees that the world will continue to regard these as kangaroo court trials, even if they're not.
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The second advantage is that it will make convictions easier to secure. (This is, of course, the advantage of all kangaroo courts.) Since "evidence" obtained by coercion will thankfully be ruled out, what will add weight to the prosecutorial thumb are
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(1) The (somewhat narrowed) admissibility of hearsay. Under the circumstances, in which it may be difficult to produce some relevant witnesses, I don't see that as a horrible warping of due process. But it does imply that all these cases are mighty thin on evidence to begin with. Which suggests that some innocents are likely to be convicted. And there will be strong motive - given Obama's determination to hold Bush guiltless - to railroad in particular those who have been subjected to the worst treatment.(2) Unanimity of the juries is not required to convict. IIRC, as of the last previous amendment, unanimity is needed to pass a death sentence, otherwise a simple majority suffices.
(3) Sharply circumscribed power of discovery on the part of the defense. And no mention of anything to end the abuses under which defense witnesses were denied because they could not be located by the government - even though journalists had no trouble finding them with a cursory search.
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It's telling that Obama has not spelled out which of these advantages were decisive in his decision to avoid real independent courts. Bottom line: where Cheney firmly believed it better for forty innocents to be tortured and imprisoned rather than one guilty party go free, Obama apparently believes the principle is correct, but the torture part should be reserved for the whims of future Administrations, and the ideal ratio should be significantly lower. -
11
Obama can paint lipstick on the pig, but it's still a pig. These commissions are contrived, outside of our established legal system. Secret. Made up. Why do we need a made up contrived procedure outside what has evolved and served nicely for over 2 centuries.
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I am disappointed. In this, and that gitmo is not already shut down. So much for fair. So much for speedy. -
12
You're right. One militant skinhead going on a shooting spree in Oklahoma City, and everyone would start asking Obama, "Why aren't you looking at the right wing wackos harder? Why are you letting them kill people instead of rounding them all up and shipping them to Guantanamo?"
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AH...HAHAHAHAHAHAHAHAHAHA.
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You make me laugh libtard -
14
You make me laugh libtard
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What are you, a teenager? -
15
rustyreturns Says:
Monday, March 2, 2009 at 12:02 pm
Be very afraid, 53_and no sense!
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http://www.altermedia.info/civil-rights/american-gun-stores-running-out-of-ammo_704.html
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It is actually quite simple, the 2nd American Revolution. Be very afraid little liberals. -
16
Also, the Supreme Court struck down section 7 of the MCA act that suspended habeas corpus for prisoners held at Guantanamo, meaning all prisoners at Guantanamo have the right to challenge their detention in federal courts. If all the prisoners already have access to the federal courts, why does Obama think he'll be able to keep them out? What am I missing here?
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17
PD:
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Militias just don't have the power they once used to. A hunting rifle pointed at an M1A1 might as well just be a slingshot. -
18
Nathan:
Somehow I don't think that the M1A1 crews that have been fighting militias in Iraq find that thought all too comforting.
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19
Ohg Rea Tone, I think GG is talking about you:
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"Under Bush, half the country was trained to recite all sorts of dangerous propositions about how important it is to vest The President with all sorts of powers to keep us safe, how vital it is that he keep things secret to protect us from the Terrorists, how we can trust in our leaders to exercise in ways we don't understand because we know he's good at heart.
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And now, with Obama, a significant portion of the other half of the country is being trained to recite the same things." -
20
You make me laugh libtard
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Nothing tickles rusty's funnybone like good old-fashioned homegrown terrorism. Preferably of the secessionist brand. -
21
Yes yes, the ol' "call them racists and secessionist" 3rd grade school yard name calling tactics. Brillitant! Simply brilliant!
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22
Is it that I called you a libtard, or are you really pi$$ because your "messiah" has flushed your butts down the ol' democrat / fake liberal toilet?
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23
Well, do you or don't you remember Timothy McVeigh? And how do you feel about all the talk of secession coming from Georgia, Texas, Arizona and Alaska?
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24
Well, do you or don't you remember Timothy McVeigh? And how do you feel about all the talk of secession coming from Georgia, Texas, Arizona and Alaska?
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Okay, I wasn't the only one creeped out by Rusty mentioning OKC as a terrorism target. Seriously, poor form there Doc.
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