Topic: Crime and Punishment
Obama Takes One Big Step Forward on Guantanamo Bay! In his first Executive Orders, Obama restores habeas corpus and declares the shuttering of Guantanamo Bay within a year.by Jake Towne, the Champion of the Constitution
(libertarian)
Friday, January 23, 2009
Barack Obama has taken one "Change" that I approve of; I can only "Hope" for many more. Yesterday he ordered the shutdown of Guantanamo Bay within a year OK, it could be done a little faster, but Constitutional and humanitarian beggars can't be choosers. He also passed another executive order to "ensure lawful detentions" do not occur with the use of torture. He also ordered a review of detention policies. Here is an excerpt from the Guantanamo order:
"Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantanamo. The Federal Government has moved more than 500 such detainees from Guantanamo, either by returning them to their home country or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantanamo are eligible forsuch transfer or release.
"Some individuals currently detained at Guantanamo have been there for more than 6 years, and most have been detained for at least 4years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantanamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantanamo should precede the closure of the detention facilities at Guantanamo.
"The individuals currently detained at Guantanamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.
"It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantanamo, and of whether their continued detention is in the national security and foreign policy interests of the UnitedStates and in the interests of justice. The unusual circumstances associated with detentions at Guantanamo require a comprehensive interagency review."
I applaud the spirit and most of the letters in all three executive orders, especially the bolded sentence that just closing down Guantanamo is not enough. I will even go one step further if there is no evidence of a crime of terrorism, murder (not self-defense), etc., let them go. If there is evidence, place them on trial. Otherwise, there is no other option. Any insurgents could be declared Prisoners of War (POW), but that would require Congress to pass a silly measure, known as a Declaration of War against somebody or nation.
Through all of this, remember all Obama is doing is showing some simple human decency. While this should be applauded in today's environment, remember what our government did to Jose Padilla, a US citizen.
This is a good sign that our new President will have a moral compass, perhaps it was a very good thing Obama decided to repeat the Presidential Oath.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
As always, unlike the NFL, the author grants full permission to allow any accounts of, rebroadcasts, retransmissions, repostings in part or full of this article to your blog or anywhere else in order to promote the Restoration of our Republic.
Veritas numquam perit. Veritas odit moras. Veritas vincit. Truth never perishes. Truth hates delay. Truth conquers.
The views expressed in this
article are those of Jake Towne, the Champion of the Constitution only and do not represent
the views of Nolan Chart, LLC or its affiliates. Jake Towne, the Champion of the Constitution is
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I think the word you were looking for is actually "emboldened" not "bolded" in the first paragraph after the quote. However, I agree with you that we should let them go if there is no evidence to the contrary.
Many seem to fail to see the parallels between our own justice system and these "detainees". When we let convicts out of our jails or prisons, or release accused felons for lack of evidence, they may ALSO re-commit crimes. But, we let them go because we can't prove that they HAVE committed a crime. We don't keep them incarcerated because they MIGHT.
Obama doesn't need an OATH to maintain his moral compass.
Posted By: Christine Smith
Date: 2009-01-23 10:35:17
This morning, I read the following excellent editorial by Eugene Robinson in the Washington Post. It perfectly expreses my feelings and thoughts regarding Obama’s executive orders regarding detainees and Guantanamo. I highly recommend Robinson’s op-ed:
I agree with all of Robinson’s points, with the exception of that I do feel if evidence from such an investigation is sufficient for prosecution, it should be done, regardless of those who need to be charged. I believe justice must also be sought.
I'm glad to see that you're softening your position on these investigations. Because if you agree with Eugene Robinson, you'll have to retract your more INSISTENT notion that there should be trials and punishment. He's not calling for anything NEAR that.
As he says in his article: "Obama should form an official blue-ribbon panel, some sort of "truth commission," to investigate Bush's conduct of his "war on terror" and report to the American people. The point isn't to prosecute anyone. The point certainly isn't to reveal genuine national security secrets whose disclosure would put lives in danger. The point is to know, and to remember."
That's sure a loooooooooong way from what you wrote: "...America demands that those who have purportedly violated federal law be criminally investigated, and if evidence is brought forth that crimes have been committed, that those believed to be responsible be brought to justice."
Glad to see that you've become less irascible and more accommodating of a modest inquiry. I guess snakes do shed their skin every now and then.
Because some will undoubtedly misconstrue my closing remark to Christine Smith as an insinuation that she is a snake, rather than see that I was merely pointing out that she was changing her opinion, I wish to restate my comment to say instead that EVEN A BLUSTERY WIND SOMETIMES BLOWS FROM DIFFERENT DIRECTIONS. I hope that will clarify my point.
Posted By: Jahfre Fire Eater
Date: 2009-01-23 17:27:26
Hi Jake,
Obama had to make some showy gestures but the reality is that he has most of a year to figure out how to proceed. ANYTHING can happen in a year's time. So, I say don't count the chickens before they hatch.
Over the months since the election I've had friends ask if I think a terrorist event will happen soon after Obama takes office. My answer was always, "no". Mainly because of exactly what Obama is doing now. Why provoke a fight when they can sit back and watch him tie his own hands to the thunderous applause of his adoring minions.
Why risk high security situations when the USA is awash in big fat targets with little or no security at all? The media, the fear-mongering politicians and entertainers have gotten everyone whipped up into believing the terrorists want to mess with our airports or high officials. I don't expect that. I believe they will want to impact the most people with the least risk of failure. American's are very easy to be lulled asleep and the terrorists are very patient.
I expect multi-city traffic shutdowns using, caltrops. This will probably be accompanied by sniper fire at the thousands of stranded motorists. They could hit 10-20 cities all on the same morning for no cost, no risk of failure and little risk of their own deaths.
Evenually I expect an NFL or NASCAR event to be a target of a suicide bomb as well as Mall of America.
Our economy is already collapsing. I can't imagine taking an enormous risk in an attempt to nudge that along. We're already sliding headlong into Socialism and our Empire is crumbling. I think the terrorists will be focused on terror, not Guiness Book of World Records, or reality TV Terrorist Competitions.
So, they can be patient; waiting to see how much easier Obama can make things here and abroad. It's all going their way, for now.
Posted By: Edu Montesanti Goldoni
Date: 2009-01-24 06:20:52
I agree to you, dear Jake!
I thonk Mr. Obama has been vague in some points (Latin America and Middle East), and the question of preemptive war is wrong, we are seeing...
But I see him as a very humanitarian, honest, decidid and a simple person, someone you Americans deserve! God bless America, and may things change. I'll be glad for being a little part of it, as your friend and sending my opinions.
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