Share on Google Plus Share on Twitter Share on Facebook 1 Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend (1 Shares)  
Printer Friendly Page Save As Favorite View Favorites View Stats   3 comments

OpEdNews Op Eds

What Excuse Remains for Obama's Failure to Close GITMO?

By       Message Glenn Greenwald     Permalink
      (Page 1 of 1 pages)
Related Topic(s): ; ; ; , Add Tags Add to My Group(s)

Must Read 2   Well Said 2   News 1  
View Ratings | Rate It

opednews.com Headlined to H2 6/3/14

Author 4807
Become a Fan
  (132 fans)
- Advertisement -

The excuse-making on behalf of President Obama has always found its most extreme form when it came time to explain why he failed to fulfill his oft-stated 2008 election promise to close Guantanamo. As I've documented many times, even the promise itself was misleading, as it became quickly apparent that Obama -- even in the absence of congressional obstruction -- did not intend to "close GITMO" at all but rather to re-locate it, maintaining its defining injustice of indefinite detention.

But the events of the last three days have obliterated the last remaining excuse. In order to secure the release of American POW Sgt. Bowe Bergdahl, the Obama administration agreed to release from Guantanamo five detainees allegedly affiliated with the Taliban. But as even stalwart Obama defenders such as Jeffery Toobin admit, Obama "clearly broke the law" by releasing those detainees without providing Congress the 30-day notice required by the 2014 defense authorization statute (law professor Jonathan Turley similarly observed that Obama's lawbreaking here was clear and virtually undebatable).

The only conceivable legal argument to justify this release is if the Obama White House argues that the law does not and cannot bind them. As documented by MSNBC's Adam Serwer -- who acknowledges that "when it comes to the legality of the decision [critics] have a point" -- Obama has suggested in the past when issuing signing statements that he does not recognize the validity of congressional restrictions on his power to release Guantanamo detainees because these are decisions assigned by the Constitution solely to the commander-in-chief (sound familiar?). Obama's last signing statement concluded with this cryptic vow: "In the event that the restrictions on the transfer of Guantanamo detainees in sections 1034 and 1035 operate in a manner that violates constitutional separation of powers principles, my Administration will implement them in a manner that avoids the constitutional conflict."

Both Serwer and a new Washington Post article this morning note the gross and obvious hypocrisy of Obama and his Democratic loyalists now using Article-II-uber-alles signing statements to ignore congressionally enacted laws relating to the War on Terror. Quoting an expert on signing statements, the Post -- referencing Obama's Bush-era condemnation of signing statements -- sums up much of the last six years of political events in the US: "Senator Obama had a very different view than President Obama."

Click Here to Read Whole Article

- Advertisement -

 

For the past 10 years, I was a litigator in NYC specializing in First Amendment challenges, civil rights cases, and corporate and securities fraud matters. I am the author of the New York Times Best-Selling book, How Would A Patriot (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon


Go To Commenting

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

HSBC, too big to jail, is the new poster child for US two-tiered justice system

US investigates possible WikiLeaks leaker for "communicating with the enemy"

Prosecution of Anonymous activists highlights war for Internet control

The myth of Obama's "blunders" and "weakness"

The Remarkable, Unfathomable Ignorance of Debbie Wasserman Schultz

Are All Telephone Calls Recorded And Accessible To The US Government?