Wednesday, September 25, 2013

Obama CAN close GITMO!!!

OBAMA CAN CLOSE GITMO!!!          here  here  here

In January, the State Department reassigned the special envoy who had been in charge of trying to persuade countries to take Guantanamo inmates approved for release, Daniel Fried, and did not replace him. That was widely seen as a signal that Obama was giving up on closing the prison any time soon. 

Obama has blamed Congress for interfering with his plan to close Guantanamo. Starting in 2011, Congress began restricting transfers out, saying the Defense Department first had to certify a number of things, including that the destination country was not a state sponsor of terrorism and would take action to make sure the individual would not threaten the United States.

Starting last year, Congress let some restrictions be waived if it was in the "national security interests" of the United States. Obama has not used the waiver or certification provisions.

Two years ago, Obama signed an executive order establishing extra review procedures for Guantanamo detainees to determine if continued detention were warranted, but the Periodic Review Boards have not been used.

This option looks fairly simple, since it involves carrying out the president's own executive order. But there may have been no rush to establish more reviews boards since prisoners cleared by earlier review boards are still being held.

Wells Dixon, a senior attorney at the Center for Constitutional Rights, suggested the administration could use court rulings to help get prisoners released. Two members of China's Muslim Uighur minority were resettled in El Salvador in April 2012, four years after a U.S. District Court in Washington ruled there were no grounds to hold them.

When prisoners challenge their detention in federal court, the government could decide not to contest the case, paving the way for a court order effecting the prisoner's release, said Dixon. He said that could happen in any of the more than 100 detainee "habeus corpus" cases filed in federal court.

Obama could instruct the Justice Department to stop contesting those cases.


here
The impromptu comments were a little surprising for their rhetoric, sounding more like a 2007 campaign speech than the words of someone who has been U.S. president for four-plus years. As the New Yorker's Amy Davidson put it, "He spoke as if he had happened upon the place, like a bystander."

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