During his 2008 election campaign, Barack Obama promised he would close Guantanamo Bay. When it comes down to it, the President did try to close Guantanamo Bay, but like everything else he has done that was met with resistance from Congress. The one difference is the obstructionism came from both sides of the aisle.
The President has the Constitutional authority to close Gitmo. Unfortunately, closing Gitmo more complicated than it sounds. For one thing, people who even the Bush administration recognized as innocent, upon release literally have no place to go.
Moreover, enough of the “evidence” used to justify detaining some of Gitmo’s prisoners is tainted to question the validity of individuals who appear to be guilty of something. Tainted because this “evidence” was acquired through water-boarding, which both the President and Attorney-General Eric Holder know is torture. This is notwithstanding claims by most of the current Republican candidates endorsement of waterboarding.
Despite the promise and his attempts to close this blight on our national soul and international reputation, Guantanamo Bay remains open because of Congressional obstructionism, most recently reflected in the NDAA. This was noted by the President’s signing statement on the NDAA.
“In this bill, the Congress has once again included provisions that would bar the use of appropriated funds for transfers of Guantanamo detainees into the United States (section 8119 of Division A), as well as transfers to the custody or effective control of foreign countries unless specified conditions are met (section 8120 of Division A). These provisions are similar to others found in the National Defense Authorization Act for Fiscal Year 2012”
Ironically, while the Republicans and their Tea Party cohorts claim to love the constitution, Congressional obstructionism on all things Gitmo, arguably violates the Separation of powers, as noted by the President in the same signing statement.
“My Administration has repeatedly communicated my objections to these provisions, including my view that they could, under certain circumstances, violate constitutional separation of powers principles.”
Earlier this week, United Nations human rights chief Navi Pillay expressed “disappointment” that Gitmo remains open. Pillay’s disappointment reflect the views of people with a conscience in the United States. Actually, I take that back. People with a conscience in the United States are appalled that Gitmo remains open. In fact, “We the People” have a petition calling on the President to close Guantanamo Bay. The site does require people to register in order to sign and create petitions.
The Petition says:
“On his second day in office, President Obama pledged to close Guantanamo within a year. Yet it remains open, undermining our values and our national security.
More than half the detainees have been cleared for transfer or release by the Obama and/or Bush Administrations. Due to Congressional restrictions, however, even those cleared of wrongdoing remain there. And Guantanamo continues to serve as a potent symbol for terrorist recruitment.
Guantanamo harms our nation every day it stays open. We call on the President to honor the principled and pragmatic commitment he made in 2009, and we insist that Congress stop making Guantanamo – and the fate of the men imprisoned there – a political football.
Close Guantanamo now!”
Indeed. It is way past time to Close Guantanamo Bay. Many of the people held at Guantantamo Bay are held, without charge and without trial. Many of them are there despite government awareness they are innocent. Let the president know it is time to close Guantanamo Bay.
You can visit Andy Worthington’s site here.
Adalia Woodbury writes for our good friends at PoliticusUSA and Nuts and Dolts.
Image: CNN
