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OpEdNews Op Eds    H2'ed 6/3/14

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

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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.
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.
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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."

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Glenn Greenwald is one of three co-founding editors of The Intercept. He is a journalist, constitutional lawyer, and author of four New York Times best-selling books on politics and law. His most recent book, No Place (more...)
 

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