The administration has posted what comes across as a clear and straightforward request for help, about the war crime prosecution of Omar Khadr. The request was posted to the New York Times.
Omar Khadr is the first war crime prosecution by the Obama administration, and the first trial by military commission.
Military commissions make the United States look bad. The Khadr prosecution makes us look especially bad.
Here is the administration's request for help: First Military Tribunal Case Could Damage U.S. Reputation.
Optics
The Khadr commission trial is temporarily halted. The administration has taken the opportunity to reassess. The assessment is done in terms of "optics".
In a wide variety of ways, the Khadr case does in fact look bad. Including literally. In a wide variety of ways, the case is bad. Including legally.
"Optically, this has been a terrible case to begin the commissions with," said Matthew Waxman, who was the Pentagon’s top detainee affairs official during the Bush administration. "There is a great deal of international skepticism and hostility toward military commissions, and this is a very tough case with which to push back against that skepticism and hostility."
...
Administration officials would speak only anonymously about deliberations on whether to try to abort the trial. But their view about the need to improve the system’s perceived credibility — so allies will cooperate by providing evidence or extraditing defendants — was echoed by Kenneth L. Wainstein, assistant attorney general for national security in the Bush administration.
"It is important for the government to be able to proceed through a trial, to do so in a transparent way, and have the world see that this is a fair process with strong safeguards and full due process," he said. "The sooner that happens, the better."
New York Times
A Possible Solution
A post by emptywheel today muses about a simple solution to the mess. Send Omar Khadr back to Canada.
Why not make Omar Khadr Stephen Harper’s problem? Nothing in the military commissions would preclude the Administration from engaging in foreign policy, would it?
Of course, that would require the courage to stand up to the screeching fear-mongers who would attack the Obama Administration for making the same kind of deals that the Bush Administration made.
emptywheel
An Action
We cannot win a war unless we maintain the high ground and keep the people on our side. But because the Administration decided to take the low road, our troops have more enemies. Because the Administration cast aside international norms that reflect American values, we are less able to promote our values.
Senator Barack Obama, August 1, 2007
I agree with you, I want to do it, now make me do it.
Franklin Delano Roosevelt
The administration wants help. They speak in terms of fairness and international respect. They speak in terms of due process at trial.
Due process cannot be had in military commission. Due process cannot be had. Right to speedy trial? Pretending due process exists, "perceived credibility," cannot bring fairness and international respect.
The administration wants an email or a letter, about fairness and international respect.
A Letter
Dear Mr. President:
Military commissions are harmful to the image of the United States, and destroy the respect for the fairness of our nation.
The military commission prosecution of Omar Khadr is especially and strongly harmful to our image.
The commissions are widely seen as a legal farce. I certainly see them that way.
Please simply sent Omar Khadr back to Canada. I'd prefer, without restriction or pressure on what the Canadians do.
Thank you for the consideration, of decent opinion and respect for the United States, of justice, and of a basic humanity.
Some Addresses
The President
White House contact form
The Secretary of State
The Hon. Hillary Clinton, Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Department of State contact form
The Attorney General
The Hon. Eric Holder, Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
DOJ email contact, including the Attorney General: AskDOJ@usdoj.gov.