Here's one for the Bush Legacy Posse on America's Contribution to the World. From the blog of Dayana Mendoza, Venezuela's Miss Universe: Guantanamo Bay
This week, Guantanamo!!! It was an incredible experience.
We arrived in Gitmo on Friday and stared going around the town, everybody knew Crystle and I were coming so the first thing we did was attend a big lunch and then we visited one of the bars they have in the base. We talked about Gitmo and what is was like living there. The next days we had a wonderful time, this truly was a memorable trip! We hung out with the guys from the East Coast and they showed us the boat inside and out, how they work and what they do, we took a ride around the land and it was a loooot of fun!
We also met the Military dogs, and they did a very nice demonstration of their skills. All the guys from the Army were amazing with us.
We visited the Detainees camps and we saw the jails, where they shower, how the recreate themselves with movies, classes of art, books. It was very interesting.
We took a ride with the Marines around the land to see the division of Gitmo and Cuba while they were informed us with a little bit of history.
The water in Guantanamo Bay is soooo beautiful! It was unbelievable, we were able to enjoy it for at least an hour. We went to the glass beach, and realized the name of it comes from the little pieces of broken glass from hundred of years ago. It is pretty to see all the colors shining with the sun. That day we met a beautiful lady named Rebeca who does wonders with the glasses from the beach. She creates jewelry with it and of course I bought a necklace from her that will remind me off Guantanamo Bay :)
I didn't want to leave, it was such a relaxing place, so calm and beautiful.
The Obama Administration has been trying to hold the line against any punishment of the Bushmen for their actions, and the "Truth Commission" proposal of Senator Patrick Leahy is unlikely to become reality. Overseas, however, the battle is not yet done:
"A Spanish court has taken the first steps toward opening a criminal investigation into allegations that six former high-level Bush administration officials violated international law by providing the legal framework to justify the torture of prisoners at Guantánamo Bay, Cuba, an official close to the case said."
The magistrate who ordered the enquiry is Baltasar Garzon, best known for his crusading arrest of Chilean dictator Augusto Pinochet. Those named in the complaint include former Attorney General Alberto Gonzales, Vice President Dick Cheney's chief of staff strategist, David Addington, ; Jay S. Bybee, Mr. Yoo’s former boss at the Justice Department’s Office of Legal Counsel; and David S. Addington, who was the chief of staff and legal adviser to Vice President Dick Cheney. the Bush Administration's favourite twisters of the law, John Yoo and Jay Bybee, and former Undersecretary of Defense for Policy Douglas Feith, and Department of Defense counsel William J. Haynes.
The New York Times, which has a copy of the 98-page complaint, says it is based on the Geneva Conventions and the 1984 Convention Against Torture. The case was prepared by Spanish lawyers, with help from experts in the United States and Europe, and filed by a Spanish human rights group, the Association for the Dignity of Prisoners.
Any arrest warrants are still months away and, as American legal experts quickly noted, they will be largely symbolic: it is unlikely that the Obama Administration would grant an extradition request from Spain. Still, the warrants would raise the prospect that any of the six men could be arrested and detained if they travelled abroad.
The Independent of London reveals that the US Government offered a deal to British resident Binyam Mohamed, held in Pakistan, Morocco, and then Guantanamo Bay for more than six years: he could go free "if he pleaded guilty to terrorism charges, ended his High Court case to prove his claims of torture, and agreed not to speak to the media about his ordeal".
The plea bargain was offered to Mohamed last year while he was still at Guantanamo Bay; under its terms, he would have received a 10-year sentence, nine years of which would be suspended. He rejected it.
After a sustained campaign earlier this year revealed further evidence of his rendition and torture, Mohamed was returned to the United Kingdom.
Frustratingly, CBS News has not yet posted a transcript of last night's broadcast interview with President Obama. However, it has posted a lengthy summary, which we've posted below the two-part video. Unsurprisingly, the discussion was dominated by the US economy; however, in the second half (before puff-piece questioning about Obama's daily routine, life in the White House, etc.), the conversation moved to Afghanistan. We'll have more on that later today, but you might also enjoy the President's point-scoring against former Vice President Dick Cheney:
"Were you surprised by the intensity of the reaction, and the hostility from the AIG bonus debacle?" 60 Minutes correspondent Steve Kroft asked.
"I wasn't surprised by it. Our team wasn't surprised by it. The one thing that I've tried to emphasize, though, throughout this week, and will continue to try to emphasize during the course of the next several months as we dig ourselves out of this economic hole that we're in, we can't govern outta anger. We've got to try to make good decisions based on the facts in order to put people back to work, to get credit flowing again. And I'm not gonna be distracted by what's happening day to day. I've gotta stay focused on making sure that we're getting this economy moving again," President Obama replied.
The president ordered Treasury Secretary Timothy Geithner to use every legal means to recover the bonus money from AIG. If it is not repaid, it will be deducted from the company's next bailout payment. The House decided to extract its own revenge by passing a bill that would impose a tax of up to 90 percent on the AIG bonuses and on the bonuses of anyone making more than $250,000 a year who works for a financial institution receiving more than $5 billion in bailout funds.
"I mean you're a constitutional law professor," Kroft remarked. "You think this bill's constitutional?"
"Well, I think that as a general proposition, you don't wanna be passing laws that are just targeting a handful of individuals. You wanna pass laws that have some broad applicability. And as a general proposition, I think you certainly don't wanna use the tax code to punish people," the president replied. "I think that you've got an pretty egregious situation here that people are understandably upset about. And so let's see if there are ways of doing this that are both legal, that are constitutional, that upholds our basic principles of fairness, but don't hamper us from getting the banking system back on track."
"You've got a piece of legislation that could affect tens of thousands of people. Some of these people probably had nothing to do with the financial crisis. And some of them probably deserve the bonuses that they got," Kroft said. "I mean is that fair?"
"Well, that's why we're gonna have to take a look at this legislation carefully. Clearly, the AIG folks gettin' those bonuses didn't make sense. And one of the things that I have to do is to communicate to Wall Street that, given the current crisis that we're in, they can't expect help from taxpayers but they enjoy all the benefits that they enjoyed before the crisis happened. You get a sense that, in some institutions, that has not sunk in; that you can't go back to the old way of doing business, certainly not on the taxpayers' dime," Obama said. "Now the flip side is that Main Street has to understand, unless we get these banks moving again, then we can't get this economy to recover. And we don't wanna cut off our nose to spite our face."
"Your Treasury Secretary Tim Geithner has been under a lot of pressure this week. And there have been people in Congress calling for his head. …Have there been discussions in the White House about replacing him?" Kroft asked.
"No," Obama said.
Asked if Geithner had volunteered or asked whether to step down, Obama told Kroft, "No. And he shouldn't. And if he were to come to me, I'd say, 'Sorry, Buddy. You've still got the job.' But look, he's got a lot of stuff on his plate. And he is doing a terrific job. And I take responsibility for not, I think, having given him as much help as he needs."
Obama says Geithner is not only responsible for the banks, the bailouts and the automobile industry, he also has to make sure the money is being spent wisely and report to Congress. Yet nearly a dozen high level Treasury department jobs remain unfilled and Geithner still has no deputy. Two people under consideration for the post withdrew their names after going through the vetting process.
"You know, this whole confirmation process, as I mentioned earlier has gotten pretty tough. It's been always tough. It's gotten tougher in the age of 24/7 news cycles. And a lot of people who we think are about to serve in the administration and Treasury suddenly say, 'Well, you know what? I don't wanna go through some of the scrutiny, embarrassment, in addition to taking huge cuts in pay,'" Obama explained.
"Have you offered some of these high level positions [in] the Treasury to people who would have turned them down?" Kroft asked.
"Absolutely. Yeah. And not because people didn't wanna serve. I think that people just felt that, you know, that the process has gotten very onerous," Obama said.
"Your Treasury secretary's plan, Geithner's plan, and your plan really for solving the banking crisis was met with very, very, very tepid response. A lot of people said they didn't understand it. A lot of people said it didn't have any, enough details to solve the problem. I know you're coming out with something next week on this. But these criticisms were coming from people like Warren Buffett, people who had supported you, and you had counted as being your supporters," Kroft said.
"And Warren still does support me. But I think that understand Warren's also a big player in the financial markets who's a major owner of Wells Fargo. And so he's got a perspective from the perspective of somebody who is part-owner of a bank. You've got members of Congress who've got a different perspective. Which is, 'We don't wanna spend any more taxpayer money.' You've got a whole host of players, all of whom may have a completely different solution. Right?" Obama said.
"And you know, one of the challenges that Tim Geithner has had is the same challenge that anybody would have in this situation. People want a lot of contradictory things. You know, the banks would love a lot of taxpayer money with no strings attached. Folks in Congress, as well as the American people, would love to fix the banks without spending any money. And so at a certain point, you know, you've got just a very difficult line to walk."
"You need the financial community to solve this crisis," Kroft remarked. "Do you think that the people on Wall Street and the people in the financial community that you need trust you, believe in you?"
"Part of my job is to communicate to them. Look, I believe in the market. I believe in financial innovation. And I believe in success. I want them to do well. But what I also know is that the financial sector was out of balance. You look at how finance used to operate just 20 years ago, or 25 years ago. People, if you went into investment banking, you were making 20 times what a teacher made. You weren't making 200 times what a teacher made," Obama said.
"There is a perception right now, at least in New York, which is where I live and work. People feel they thought that you were going to be supportive. And now I think there are a lot of people the say, 'Look, we're not gonna be able to keep our best people. They're not gonna stay and work here for $250,000 a year when they can go work for a hedge fund, if they can find one that's still working and make a lot more," Kroft remarked.
"I've told them directly, 'cause I've heard some of this. They need to spend a little time outside of New York. Because you know, if you go to North Dakota, or you go to Iowa, or you go to Arkansas, where folks would be thrilled to be making $75,000 a year without a bonus, then I think they'd get a sense of why people are frustrated," Obama said.
"I think we have to understand the severity of the crisis that we're in right now. The fact is that, because of bad bets made on Wall Street, there have been enormous losses. I mean there were a whole bunch of folks who, on paper, if you looked at quarterly reports, were wildly successful, selling derivatives that turned out to be completely worthless," he added.
And they were insuring them.
"Now you know, gosh, I don't think it's me being anti-Wall Street just to point out that the best and the brightest didn't do too well on that front, and that you know, maybe the incentive structures that have been set up have not produced the kinds of long term growth that I think everybody's looking for," Obama said.
Asked if he was surprised at the depth of the recession when he took office, Obama told Kroft, "I don't think that we anticipated how steep the decline would be, particularly in employment. I mean if you look at just, you know, hundreds of thousands - now millions - of jobs being shed over the course of two months or three months, that slope is a lot steeper than anything that we've said we've seen before."
"Now, there's a potential silver lining, which may be that things are so accelerated now, the modern economy is so intertwined and wired, that things happen really fast for ill, but things may recover faster than they have in the past," he added.
"Do you believe that there's still some systemic risk out there? That the financial system could still implode if you had a big failure at AIG or at Citicorp?" Kroft asked.
"Yes," Obama said.
"Citibank?" Kroft asked.
"I think that systemic risks are still out there. And if we did nothing you could still have some big problems. There are certain institutions that are so big that if they fail, they bring a lot of other financial institutions down with them. And if all those financial institutions fail all at the same time, then you could see an even more destructive recession and potentially depression," Obama said. "I'm optimistic about that not happening."
The president said there is a limit to the amount of money the government can spend and print to solve the crisis. Asked if the government is getting close to that limit, Obama said, "The limit is our ability to finance these expenditures through borrowing. And, you know, the United States is fortunate that it has the largest, most stable economic and political system around. And so the dollar is still strong because people are still buying Treasury Bills. They still think that's the safest investment out there."
"If we don't get a handle on this, and also start looking at our long-term deficit projections, at a certain point people will stop buying those Treasury Bills," Obama added.
"Do you have any idea when this might end? Or when things might start getting better?" Kroft asked.
"Well, we're already starting to see flickers of hope out there. Refinancings have significantly increased. Interest rates have never been lower. That promises the possibility at least of the housing market bottoming out and stabilizing. It’s not going to happen equally in every part of the country," Obama said.
On the subject of the ailing automobile industry, the president said he is still committed to helping General Motors and Chrysler avert bankruptcy, but he says they have yet to demonstrate they can remain economically viable. And there are major political obstacles.
"I just wanna say that the only thing less popular than putting money into banks is putting money into the auto industry," Obama said.
"Eighteen percent are in favor," Kroft pointed out. "Seventy-six percent against."
"It's not a high number," Obama acknowledged, with a chuckle.
"You're sitting here. And you are laughing. You are laughing about some of these problems. Are people gonna look at this and say, 'I mean, he's sitting there just making jokes about money.' How do you deal with, I mean, explain the…mood and your laughter," Kroft asked. "Are you punch drunk?"
"No, no. There's gotta be a little gallows humor to get you through the day," Obama explained. "You know, sometimes my team talks about the fact that if you had said to us a year ago that the least of my problems would be Iraq, which is still a pretty serious problem, I don't think anybody would have believed it. But we've got a lot on our plate. And a lot of difficult decisions that we're gonna have to make."
One of those difficult decisions is Afghanistan. Asked what that mission should be, Obama said, "Making sure that al Qaeda cannot attack the U.S. homeland and U.S. interests and our allies. That's our number one priority. And in service of that priority there may be a whole host of things that we need to do. We may need to build up economic capacity in Afghanistan. We may need to improve our diplomatic efforts in Pakistan."
"We may need to bring a more regional diplomatic approach to bear. We may need to coordinate more effectively with our allies. But we can't lose sight of what our central mission is. The same mission that we had when we went in after 9/11. And that is these folks can project violence against the United States' citizens. And that is something that we cannot tolerate," Obama said. "But what we can't do is think that just a military approach in Afghanistan is gonna be able to solve our problems. So what we're looking for is a comprehensive strategy. And there's gotta be an exit strategy. There's gotta be a sense that this is not perpetual drift."
"Afghanistan has proven to be very hard to govern. This should not come as news to anybody given its history," Kroft said. "As the graveyards of empire. And there are people now who are concerned. We need to be careful what we're getting ourselves into in Afghanistan. Because we have come to be looked upon there by people in Afghanistan, and even people now in Pakistan…as another foreign power coming in, trying to take over the region."
"I'm very mindful of that. And so is my national security team. So is the Pentagon. Afghanistan is not going to be easy in many ways. And this is not my assessment. This is the assessment of commanders on the ground," Obama explained.
"Iraq was actually easier than Afghanistan. It's easier terrain. You've got a much better educated population, infrastructure to build off of. You don't have some of the same destabilizing border issues that you have between Afghanistan and Pakistan. And so this is gonna be a tough nut to crack. But it is not acceptable for us to simply sit back and let safe havens of terrorists plan and plot," he added.
"One question about Dick Cheney and Guantanamo. I'm sure you wanna answer this," Kroft said. "A week ago Vice President Cheney said essentially that your willingness to shut down Guantanamo and to change the way prisoners are treated and interrogated was making America weaker and more vulnerable to another attack. And that the interrogation techniques that were used at Guantanamo were essential in preventing another attack against the United States."
"I fundamentally disagree with Dick Cheney. Not surprisingly. You know, I think that Vice President Cheney has been at the head of a movement whose notion is somehow that we can't reconcile our core values, our Constitution, our belief that we don't torture, with our national security interests. I think he's drawing the wrong lesson from history," Obama said.
"The facts don't bear him out. I think he is, that attitude, that philosophy has done incredible damage to our image and position in the world. I mean, the fact of the matter is after all these years how many convictions actually came out of Guantanamo? How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn't made us safer. What it has been is a great advertisement for anti-American sentiment. Which means that there is constant effective recruitment of Arab fighters and Muslim fighters against U.S. interests all around the world," he added.
"Some of it being organized by a few people who were released from Guantanamo," Kroft pointed out.
"Well, there is no doubt that we have not done a particularly effective job in sorting through who are truly dangerous individuals that we've got to make sure are not a threat to us, who are folks that we just swept up. The whole premise of Guantanamo promoted by Vice President Cheney was that somehow the American system of justice was not up to the task of dealing with these terrorists. I fundamentally disagree with that. Now, do these folks deserve Miranda rights? Do they deserve to be treated like a shoplifter down the block? Of course not," Obama said.
Asked what should be done with these people, Obama said, "Well, I think we're gonna have to figure out a mechanism to make sure that they not released and do us harm. But do so in a way that is consistent with both our traditions, sense of due process, international law. But this is the legacy that's been left behind. And, you know, I'm surprised that the vice president is eager to defend a legacy that was unsustainable. Let's assume that we didn't change these practices. How long are we gonna go? Are we gonna just keep on going until you know, the entire Muslim world and Arab world despises us? Do we think that's really gonna make us safer? I don't know a lot of thoughtful thinkers, liberal or conservative, who think that that was the right approach."
Aside from running the Harvard Law Review and directing his own presidential campaign, President Barack Obama entered the White House with no real executive experience.
Now he is grappling with the challenges of running one of the largest enterprises in the world under the most trying circumstances. How is he handling the pressure, what is an average day like and how are his wife Michelle and their young daughters adjusting? The president talked about all of that as he gave 60 Minutes a tour of the White House grounds.
Asked if he's gotten into a routine, Obama told Kroft, "I have. You know, I typically work out in the morning. Michelle's often there with me. We do our little workout, and then after the workout, have breakfast, read the papers, read my morning security briefing. And then I come down here and talk to our National Security team. Then we talk to the economic team. After that, who knows? Anything goes. But typically, between 7:00 and 10:00 I sort of know what I'm doing."
Walking on the White House grounds, Obama pointed up at the living quarters of the executive mansion. "This is the living quarters, up on the second floor. We got a gym right over there, up on the third floor. And the second floor is, our bedroom's on this side, and we got a dining room on that side. And, yeah, pretty nice digs," the president told Kroft.
"How are you finding the job?" Kroft asked.
"It's exhilarating. It's challenging you know, I find that the governance part of it, the decision making part of it, actually comes pretty naturally. I think I've got a great team. I think we're making good decisions. The hardest thing about the job is staying focused. Because there's so many demands and decisions that are pressed upon you," Obama explained.
Asked what the hardest decisions has been that he's had to make in the last 60 days, Obama said, "Well, I would say that the decision to send more troops into Afghanistan. You know, I think it's the right thing to do. But it's a weighty decision because we actually had to make the decision prior to the completion of strategic review that we were conducting. When I make a decision to send 17,000 young Americans to Afghanistan, you can understand that intellectually - but understanding what that means for those families, for those young people when you end up sitting at your desk, signing a condolence letter to one of the family members of a fallen hero, you're reminded each and every day at every moment that the decisions you make count."
"What is the most frustrating part of the job?" Kroft asked.
"The fact that you are often confronted with bad choices that flow from less than optimal decisions made a year ago, two years ago, five years ago, when you weren't here," Obama said. "A lot of times, when things land at my desk it's a choice between bad and worse. And as somebody pointed out to me, the only things that land on my desk are tough decisions. Because, if they were easy decisions, somebody down the food chain's already made them."
The president told Kroft he has to make lots of decisions daily - too many to count.
"Every time somebody walks in your office," Kroft remarked.
"There's a decision. Otherwise, they don't get a meeting," Obama said.
For meetings and decisions, Obama said he's always briefed before it happens. "I spend a lot of time reading. People keep on asking me, 'Well, what are you reading these days?' Well, mostly briefing books. You know, you get a little time to read history or you know, policy books that are of interest. But there's a huge amount of information that has to be digested, especially right now. Because the complexities of Afghanistan are matched, maybe even dwarfed, by the complexities of the economic situation. And there are a lot of moving parts to all of that."
Asked if he ever takes a day off, Obama told Kroft, "I do. It's never a full day, but typically Saturdays and Sundays. I'll wander down to the Oval Office I will do some work, but I'll still have time for the kids.
On most days, the president says he and the first lady are able to have a family dinner with their children. And he usually sees his two daughters in the afternoon when they come home from school and pay him a visit in the West Wing. He can look out the window of the Oval Office, and watch them play on their new swing set.
"This is a pretty spectacular swing set," Obama said. "I have to say that I was not the purchaser of this. The admiral, our chief usher, Admiral Steve Rochon, took great interest when we said that we should get a swing set, and found what I assume must be the Rolls Royce of swing sets."
"You didn't have one of these when you were a kid?" Kroft asked.
"I sure did not. I thought we were gonna get like two swings. But they went all out," Obama replied with a chuckle.
The Obamas' daughters have had kids over at the White House after school. "And they've tested this out," Obama said of the swing set. "And it got a thumbs up."
Asked if they're liking it in the White House, Obama said, "You know, they are adapting remarkably in ways that I just would not have expected."
"What's interesting is actually how unimpressed they are with it," the president said. "I mean they're going to school. They are unchanged. They're the same sweet, engaging, happy unpretentious kids that they were"
"And they're having fun," Kroft said.
"They do seem to be have fun. And Michelle is thriving as well. I mean she just started a vegetable garden out here," Obama said. "All the chefs from the White House staff went down there with her. And they started diggin' ground. And they're gonna be planting stuff. And this is part of the message that she wants to send about good nutrition."
Michelle Obama had broken ground for the vegetable garden a few hours earlier on the South Lawn, with the help of some Washington school children; it's just a small patch of land on the sprawling White House grounds that cover 18 acres. As for the 55,000 square foot house, the first family is still exploring the 132 rooms and 35 bathrooms.
The president admitted he has gotten lost in the executive mansion - repeatedly.
"Harry Truman called the White House 'The Great White Jail.' Clinton said he couldn't make up his mind whether it was the finest public housing in America or the jewel of the prison system," Kroft said.
"The bubble that the White House represents is tough," Obama acknowledged. "And one of the things that I am constantly struggling with is how to break out of it. And I've taken to the practice of reading ten letters selected from the 40,000 that we get every night, just to hear from voices outside of my staff. But the inability to just go, and you know, sit at a corner coffee shop and have a chat with people, or just listen to what folks are saying at the next table, that I think, is something that, as president, you've gotta constantly fight against."
UPDATE: Noah Feldman has written in The New York Times echoing the concerns set out by Andy Worthington below: "The Obama lawyers have not abandoned the argument for broad presidential power, just implied that such authority is unnecessary to get them what they want."
I was a bit unsettled by the implication that this was a fundamental change in the US approach to detainees, given the Justice Department's maintenance of the Bush Administration line in other cases in the War on Terror. The change in term so that "individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial" appeared to be more of a shift in legal approach rather than a fundamental review of detention policy. It's not a scrapping of the Bush system but a more palatable face for it.
Changing the names of things was a ploy that was used by the Bush administration in an attempt to justify some of its least palatable activities. In response to the 9/11 attacks, for instance, the nation was not involved in a limited pursuit of a group of criminals responsible for the attacks, but instead embarked on an open-ended “war on terror.”
In keeping with this “new paradigm,” prisoners seized in this “war” were referred to as “detainees” and held neither as criminal suspects nor as prisoners of war, protected by the Geneva Conventions, but as illegal “enemy combatants,” without any rights whatsoever. Later, when the administration sought new ways in which to interrogate some of these men, the techniques it endorsed were not referred to as torture — even though many of them clearly were — but were instead described as “enhanced interrogation techniques.”
The Obama administration has clearly learned a trick or two from its predecessors. In its response to a court request for clarification of the meaning of the term “enemy combatant,” for use in the Guantánamo prisoners’ habeas corpus reviews (which were triggered by a momentous Supreme Court decision last June), the new government has responded to the challenge with a cunning sleight of hand. In a press release, the Department of Justice announced that it had dropped the use of the term “enemy combatant” and that it had adjusted its definition of those who can be detained so that, instead of holding people who were “part of, or supporting, Taliban or al-Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners,” individuals who supported al-Qaeda or the Taliban “are detainable only if the support was substantial.”
As benign-sounding propaganda, in contrast to the Bush administration’s arrogant version, which almost always manifested a tangible disdain for Congress and the judiciary, this announcement has the alluring veneer of the “change” that Barack Obama promised throughout his election campaign, but in practical terms nothing has actually changed. The prisoners are now nobodies, with no label whatsoever to define their peculiar extra-legal existence, and the entire rationale for holding them without charge or trial — and the egregious errors made along the way — remain unaddressed.
In its filing with the District Court (PDF), delivered in response to a deadline of March 13, the government made clear that it was largely business as usual. In its opening salvo, the Justice Department claimed that the laws of war, which “include a series of prohibitions and obligations … developed over time” and which “have periodically been codified in treaties such as the Geneva Conventions,” or have otherwise “become customary international law,” are nonetheless “less well-codified with respect to our current, novel type of armed conflict against armed groups such as al-Qaeda and the Taliban.”
With this “current, novel type of armed conflict” standing in as a more palatable version of the Bush administration’s “war on terror,” the Justice Department proceeded to defend the President’s authority, under the terms of the Authorization for Use of Military Force, which was passed by Congress within days of the attacks, “to detain persons who he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible” for the attacks, as well as “persons whose relationship to al-Qaeda or the Taliban would, in appropriately analogous circumstances in a traditional international armed conflict, render them detainable.”
This statement raises a second flag of alarm, as this horrendously open-ended piece of legislation may have been appropriate at the time, but it was used by the Bush administration as the foundation stone on which all its subsequent forays into illegal and unconstitutional actions were based (including, it should be noted, holding these “detained persons” without charge or trial at Guantánamo for seven years), and it is disconcerting to realize that a conversation we should be having — which involves responding to the question, ”Is it justifiable, seven years and seven months after the 9/11 attacks, to claim that we are still involved in an open-ended and ill-defined ‘war’?” — has, instead, been swept aside.
Further disturbing signs that little, if anything has changed can be found in the government’s explanation of who, it asserted, can be held as the “nobodies formerly known as enemy combatants” in the “current, novel type of armed conflict.” In spite of claiming that these men must have “substantially supported” the Taliban, al-Qaeda, or other associated groups, the Justice Department specifically stated that it has the authority to detain not only “those who were part of al-Qaeda and Taliban forces” but also other “members of enemy forces,” even if “they have not actually committed or attempted to commit any act of depredation or entered the theatre or zone of active military operations,” and adds,
Evidence relevant to a determination that an individual joined with or became part of al-Qaeda or Taliban forces might range from formal membership, such as through an oath of loyalty, to more functional evidence, such as training with al-Qaeda (as reflected in some cases by staying at al-Qaeda or Taliban safehouses that are regularly used to house militant recruits) or taking positions with enemy forces.
This, of course, renders the word “substantial” worthless, as it allows the government to detain someone who never even “attempted to commit any act of depredation or entered the theatre or zone of active military operations” and may only have stayed in a house associated with those who did engage in militancy, which, to my mind, is not “substantial” support at all. Furthermore, the government asserts that “it is of no moment that someone who was part of an enemy armed group when war commenced may have tried to flee the battle or conceal himself as a civilian in places like Pakistan,” which effectively condemns anyone who may have traveled to Afghanistan before the 9/11 attacks to take the Taliban’s side against the Northern Alliance in Afghanistan’s long-running inter-Muslim civil war (a conflict which had nothing to do with the United States or its allies) into a terrorist if they happened to be present in Afghanistan when the 9/11 attacks occurred.
In this, the government’s thinking was clearly in line with Judge Richard Leon, the District Court judge whose rulings on the habeas corpus cases of ten Guantánamo prisoners in the last few months resulted in decisions that six of the men (five Algerian-born Bosnians, and Mohammed El-Gharani, a former juvenile) were to be released, but that four could continue to be held. In the case of one of the four, the Yemeni Muaz al-Alawi, Judge Leon ruled that the government had established that he “was part of or supporting Taliban or al-Qaeda forces,” because he “stayed at guest houses associated with the Taliban and al-Qaeda … received military training at two separate camps closely associated with al-Qaeda and the Taliban and supported Taliban fighting forces on two different fronts in the Taliban’s war against the Northern Alliance.”
From the point of view of an impartial observer, of course, the problem with Judge Leon’s ruling was that none of these allegations related to “hostilities against the U.S. or its coalition partners,” but he also endorsed the government’s additional claim that, “rather than leave his Taliban unit in the aftermath of September 11, 2001,” al-Alawi “stayed with it until after the United States initiated Operation Enduring Freedom on October 7, 2001; fleeing to Khowst and then to Pakistan only after his unit was subjected to two-to-three U.S. bombing runs.”
In other words, Judge Leon ruled that Muaz al-Alawi could continue to be held because, despite traveling to Afghanistan to fight other Muslims before September 11, 2001, “contend[ing] that he had no association with al-Qaeda,” and stating that “his support for and association with the Taliban was minimal and not directed at U.S. or coalition forces,” he was still in Afghanistan when that conflict morphed into a different war following the U.S.-led invasion in October 2001. As Leon admitted in his ruling, “Although there is no evidence of petitioner actually using arms against U.S. or coalition forces, the Government does not need to prove such facts in order for petitioner to be classified as an enemy combatant under the definition adopted by the Court.” In the new world of Obama’s Justice Department, all that needs changing are the words “enemy combatants” — to “nobodies formerly known as enemy combatants” — and the conclusion is the same.
Therefore, the Obama administration’s cosmetic tinkering with its predecessor’s supposed justification for holding prisoners at Guantánamo is bitterly disappointing, as it appears, at heart, to endorse the lawless policies introduced by the Bush administration, and also to perpetuate some of its most damaging errors. In spite of claims by the Justice Department that its position “draws on the international laws of war to inform the statutory authority conferred by Congress,” the Obama administration has, in reality, wholeheartedly endorsed the Authorization for Use of Military Force (the founding document of the “war on terror”), has failed to demonstrate that it has any willingness to pour scorn on the Bush administration’s claims that prisoners can be held without being either criminal suspects or prisoners of war, has endorsed its predecessor’s decision to equate the Taliban with al-Qaeda, even though there was never any justification for doing so, has overlooked the fact that the majority of the prisoners were bought for bounties (PDF) and were never screened according to the Geneva Conventions, has ignored the fact that the evidence against them (whether of “substantial” support or not) was often extracted through the use of torture, coercion or bribery, and has also defended the Bush administration’s self-proclaimed right to detain demonstrably peripheral figures in the Afghan conflict as “terror suspects.”
An additional demonstration of the absurdity of the Obama administration’s position involves another case reviewed by Judge Leon, that of Ghaleb Nasser al-Bihani, a Yemeni who had served as a cook for the Taliban and an affiliated group of Arab recruits. In a verdict that also fits with the new administration’s disturbingly loose definition of “substantial support,” Judge Leon ruled that “faithfully serving in an al-Qaeda-affiliated fighting unit that is directly supporting the Taliban by helping prepare the meals of its entire fighting force is more than sufficient to meet this Court’s definition of ‘support,’” and added, “After all, as Napoleon was fond of pointing out, ‘An army marches on its stomach.’”
To gauge how wrong this is, we need only compare al-Bihani’s case to that of another Yemeni prisoner, Salim Hamdan. Last August, Hamdan, a driver for Osama bin Laden, was tried at Guantánamo in the military commissions conceived by Vice President Dick Cheney and his close advisers (including, in particular, his legal counsel David Addington), sentenced and sent home in November to serve the last few weeks of a five-month sentence delivered by a military jury. As I wrote when Judge Leon made his ruling about al-Bihani, “Hamdan is now a free man, whereas al-Bihani, a man who never met Osama bin Laden, let alone driving him around, has just been told, by a judge in a U.S. federal court, that the government is entitled to hold him forever because he cooked dinner for the Taliban.”
I added, “If President Obama is genuinely concerned with justice, he needs to act fast to tackle this squalid state of affairs, which does nothing to undo the previous administration’s disdain for and mockery of the laws on which the United States was founded.” That was just seven weeks ago, but now, despite his fine pronouncements in August 2007, when he declared, “We will again set an example to the world that the law is not subject to the whims of stubborn rulers, and that justice is not arbitrary,” it seems that Barack Obama doesn’t care, and that his sympathies are far more in line with the arbitrary justice instigated by those “stubborn rulers” — George W. Bush, Dick Cheney, David Addington and Donald Rumsfeld — than they are with the military judge and the military jurors involved in Salim Hamdan’s case, who, effectively, set a seven-year limit on the detention of minor players in the “war on terror” by giving Hamdan a short sentence, despite convicting him of “providing material support for terrorism.”
In analyses over the years, intelligence officials have stated that no more than 50 of the prisoners at Guantánamo had any meaningful connection with al-Qaeda, the Taliban or other terrorist groups. By that rationale, the Obama administration should be working flat-out to release the other 190 prisoners as soon as possible. Under its own definition of “significant support” for these organizations, however, the administration has, instead, raised the possibility that, after seven years’ imprisonment in conditions that ought to be a source of shame to any civilized society, a large number of these prisoners — these “nobodies formerly known as enemy combatants” — still have a long way to go before they can hope to see the end of their ordeal.
Tuesday, March 31, 2009 at 6:24 
Here's one for the Bush Legacy Posse on America's Contribution to the World. From the blog of Dayana Mendoza, Venezuela's Miss Universe:
The Obama Administration has been trying to hold the line against any punishment of the Bushmen for their actions, and the "Truth Commission" proposal of Senator Patrick Leahy is unlikely to become reality. Overseas, however,
The magistrate who ordered the enquiry is Baltasar Garzon, best known for his crusading arrest of Chilean dictator Augusto Pinochet. 
The Independent of London reveals
UPDATE: