David Cole, author of
The Torture Memos: Rationalizing the Unthinkable and the legal affairs correspondent at
The Nation,
writes:
On January 11 it will have been a decade since the first of the men we once called “the worst of the worst” were brought to Guantánamo Bay, a location handpicked by the Bush administration so that it could detain and interrogate terror suspects far from the prying eyes of the law. In the intervening years much has improved at this remote US-controlled enclave in Cuba. Allegations of ongoing torture have ceased; the detainees have access to lawyers and court review; and more than 600 of the 779 men once held there have been released.
David Cole
But in another way, Guantánamo is a deeper problem today than it ever was. No longer a temporary exception, it has become a permanent fixture in our national firmament. And although at one time we could blame President George W. Bush’s unilateral assertions of unchecked executive power for the abuses there, the continuing problem that is Guantánamo today is shared by all three government branches, and ultimately by all Americans. With President Obama’s signing of the National Defense Authorization Act (NDAA) on New Year’s Eve, the prison is sure to be with us—and its prisoners sure to continue in their legal limbo—for the indefinite future. ...
President Bush undoubtedly committed the original sin. Had he followed the rules governing wartime detention from the outset, Guantánamo would not be an international embarrassment. It has long been established that in an ongoing war a country may detain the enemy for the conflict’s duration. But the laws of war require that we afford hearings to those whose status is in doubt, that we release them when the conflict ends and that we treat them humanely throughout. Bush refused to provide hearings, asserted the prerogative to hold people during a never-ending “war on terror” and authorized systematic cruel and inhuman treatment. For years, Guantánamo was synonymous with Bush’s defiantly lawless approach to the “war on terror.”
But we can no longer point the finger only at Bush. He’s been out of office for three years, and Guantánamo is still very much with us. Congress, with the support of many Democrats, has adopted a shortsighted “not in my backyard” attitude, making it impossible for President Obama to deliver on his promise to close Guantánamo. In provisions recently renewed in the NDAA, Congress has barred any transfer of Guantánamo detainees to a US prison, even for criminal trial, and radically restricted the president’s authority to transfer detainees to foreign countries, essentially requiring impossible guarantees that they won’t ever pose a threat to the United States. As a result, even though more than half of the remaining detainees—eighty-nine of 171—have been fully cleared for release by a joint review conducted by the military, CIA, FBI and the Department of Homeland Security, they remain stuck there. Locking up people we concede need not be held is the very definition of arbitrary detention, but that has become the norm at Guantánamo. ...
We used to be able to blame the Bush administration for Guantánamo. No more. And although the executive, legislative and judicial branches are all deeply implicated in the ongoing injustice, we can’t really lay the blame on the government. Guantánamo is our problem as citizens. No doubt because only foreigners are held and tried there, Americans have consistently looked the other way, even as the world calls for it to be closed. A 2010 CNN poll found that 60 percent of Americans favor keeping the prison there. Guantánamo will not close until we insist that our government heed the calls for justice that the world has rightly made.
Blast from the Past. At Daily Kos on this date in 2006:
The New York Times just posted a story claiming that a secret Pentagon study, originally obtained by Soldiers for Truth, found that 80% — eight out of ten! — Marines with upper body wounds could have been saved by use of proper body armor.
The story reads like a classic example of total bureaucratic fucked-updom in action: increasing calls from the field wending their slow and laborious way through agencies and feet-dragging studies, as well as wrangling with cost factors.
Read it and weep.
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