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 Article Stats   3 comments

OpEdNews Op Eds

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

By (about the author)     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

Become a Fan
  (111 fans)

Individuals and organizations like Witness Against Torture and the Center for Constitutional Rights have never wavered in their demand that Obama close the offshore prison in Guantanamo and put an end to the practice of indefinite detention.
(image by (Image: CCR))


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."

But the eagerness of many Democrats to radically change everything they claimed to believe as of January 20, 2009 is far too familiar and well-documented at this point to be worth spending much time on. Far more significant are the implications for Obama's infamously unfulfilled pledge to close Guantanamo.

The sole excuse now offered by Democratic loyalists for this failure has been that Congress prevented him from closing the camp. But here, the Obama White House appears to be arguing that Congress lacks the authority to constrain the President's power to release detainees when he wants. What other excuse is there for his clear violation of a law that requires 30-day notice to Congress before any detainees are released?

Please go to The Intercept to read the rest of this article.

 

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

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 Author Contact Editor View Authors' Articles

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"

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

The Remarkable, Unfathomable Ignorance of Debbie Wasserman Schultz

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
2 people are discussing this page, with 3 comments
To view all comments:
Expand Comments
(Or you can set your preferences to show all comments, always)

Back room deal between Obama, the Taliban and - he... by Poor old Dirt farmer on Tuesday, Jun 3, 2014 at 6:37:36 PM
Glen, Please think about this. Everything BO doe... by Catherine McCoy on Wednesday, Jun 4, 2014 at 12:57:13 AM
continued: In the awesome and groundbreaking book... by Catherine McCoy on Wednesday, Jun 4, 2014 at 5:46:57 AM