As president and commander-in-chief, Obama has legal authority to do so. On May 3, New York City Bar president Carey R. Dunne wrote him. He did so on behalf of the organization he heads.<\/p>\n
He called indefinite detention \u201clegally and morally indefensible.\u201d He said 25 retired military flag officers said it\u2019s \u201can effective recruiting tool for our enemies.\u201d<\/p>\n
He urged \u201cconcrete steps to restart the process toward closure.\u201d<\/p>\n
On May 7, the New York City Bar<\/a> said \u201cObama has the authority to close (Guantanamo) under Section 1028 of the National Defense Authorization Act of 2013.\u201d<\/p>\n It\u2019s about transferring detainees \u201cto foreign countries or other foreign entities.\u201d<\/p>\n Obama could begin the process today. He could have done so long ago. He\u2019ll have to explain why not. He bears full responsibility for spurning what he pledged to do.<\/p>\n In 2008, he promised closure. \u201cFrom both a moral standpoint and a practical standpoint, torture is wrong,\u201d he said.<\/p>\n \u201cBarack Obama will end the use torture without exception. He also will eliminate the practice of extreme rendition, where we outsource our torture to other countries.\u201d<\/p>\n<\/blockquote>\n Straightaway as president, he issued Executive Order<\/a> titled \u201cReview and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of Detention Facilities.\u201d<\/p>\n A previous article explained. Sec. 3 states: \u201cClosure of Detention Facilities at Guantanamo. The detention facilities at Guantanamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order.\u201d<\/p>\n \u201cIf any individuals covered by this order remain, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.\u201d<\/p>\n<\/blockquote>\n Obama ordered an \u201cimmediate review of all\u201d detainees within 30 days.<\/p>\n He halted all proceedings in the \u201cUnited States Court of Military Commission Review to which charges have been referred but in which no judgment has been rendered.\u201d<\/p>\n He mandated \u201chumane standards of confinement\u201d be observed in accordance with international humanitarian laws.<\/p>\n On March 7, 2011, his Executive Order<\/a> promised \u201cPeriodic Review of Individuals Detained at Guantanamo Bay Naval Station Pursuant to the Authorization for Use of Military Force.\u201d<\/p>\n It said in part:<\/p>\n \u201cThis order is intended solely to establish a process to review on a periodic basis the executive branch\u2019s continued, discretionary exercise of existing detention authority in individual cases.\u201d<\/p>\n \u201cDetainees at Guantanamo have the constitutional privilege of the writ of habeas corpus, and nothing in this order is intended to affect the jurisdiction of Federal courts to determine the legality of their detention.\u201d<\/p>\n \u201cThe Secretary of Defense shall coordinate a process of periodic review.\u201d<\/p>\n \u201cIn consultation with the Attorney General, The Secretary of Defense shall issue implementing guidelines governing the process.\u201d<\/p>\n \u201cFor each detainee, an initial review shall commence as soon as possible but no later than one year from the date of this order.\u201d<\/p>\n<\/blockquote>\n So-called \u201cguidelines\u201d lacks credibility. More on that below. Guantanamo harshness continues. Ending it is nowhere in sight.<\/p>\n More than half the remaining 166 detainees were cleared for release. Innocent victims remain incarcerated. Few were charged or tried.<\/p>\n It\u2019s questionable whether any detainee warranted incarceration. So-called torture obtained confessions lack credibility. No legitimate court would accept them. Secret evidence is no better.<\/p>\n Justice William Brennan once called \u201cproof beyond a reasonable doubt among the essentials of due process and fair treatment.\u201d<\/p>\n The Legal Dictionary says it\u2019s the \u201cstandard that must be met by the prosecution\u2019s evidence in a criminal prosecution.\u201d<\/p>\n \u201cBeyond a reasonable doubt is the highest standard of proof that must be met in any trial.\u201d<\/p>\n \u201cClear and Convincing Proof is evidence that establishes a high probability that the fact sought to be proved is true. The main reason (this high standard) is used in criminal trials is that such proceedings can result in the deprivation of a defendant\u2019s liberty or even in his or her death.\u201d<\/p>\n<\/blockquote>\n Innocent unless proved guilty beyond a reasonable doubt is a fundamental legal principle. It\u2019s universal or should be.<\/p>\n Obama spurns it. He governs lawlessly, ruthlessly and recklessly. He broke every major promise made. He permits torture and extraordinary rendition. He does so after pledging to end them.<\/p>\n He promised Guantanamo closure. It remains open. The Pentagon\u2019s Southern Command (SOUTHCOM) plans expanding it. Millions will be spent doing so.<\/p>\n Detainees may rot in gulag hell forever. Around 130 are hunger striking. They\u2019re doing so for justice. Most haven\u2019t eaten for three months.<\/p>\n They\u2019re willing to die for justice. They\u2019d rather perish than remain in gulag hell with no hope for release. That\u2019s the stark reality they face.<\/p>\n Release is just a presidential order away. Obama must be pressured to explain his failure to act. He can do so as the New York Bar explained.<\/p>\n He can waive indefinite detentions. He can do so by certifying it\u2019s in the national interest. He\u2019s not legally constrained. He\u2019s not limited by Congress. He\u2019s beholden solely to international, constitutional, and US statute laws.<\/p>\n As president and commander-in-chief, he\u2019s sworn to uphold them. He\u2019s obligated to act responsibly. He can do what he hasn\u2019t done throughout his tenure. He spurned rule of law principles across the board.<\/p>\n Doing the right thing is its own reward. He should try it sometime and see.<\/p>\n On May 10, the Center for Constitutional Rights<\/a> (CCR) headlined \u201cCongressional Briefing Urges Obama to Use His Authority to Close Guantanamo.\u201d<\/p>\n CCR participated in a May 10 congressional briefing. It was titled \u201cFrom Crisis to Solution.\u201d It was co-sponsored by Representatives James Moran (D. VA), Gerry Connolly (D. VA), the Constitution Project, the New America Foundation, and the National Religious Campaign Against Torture.\u201d<\/p>\n The previous day, Senate Armed Services Committee Chairman Carl Levin (D. MI) discussed a letter he wrote Obama. He urged him to appoint a high-level White House official to advance the transfer of Guantanamo detainees.<\/p>\n He stressed that Congress granted him authority to close Guantanamo. It\u2019s up to him to use it. Waffling doesn\u2019t wash.<\/p>\n According to senior CCR staff attorney Pardiss Kebriaei:<\/p>\n \u201cSome of our clients have said they would rather die than live like this \u2014 in perpetual detention after 11 years, in now inhuman conditions.\u201d<\/p>\n \u201cBut their hunger strikes are not acts of suicide. They are acts of last resort to be heard, and for release.\u201d<\/p>\n \u201cWe came today to urge President Obama to use the certification and waiver process created by Congress to transfer detained men, starting with the 86 men who have been cleared for release by the Obama administration itself.\u201d<\/p>\n \u201cCongress has granted President Obama the tools and power he needs to end indefinite detention and close Guantanamo.\u201d<\/p>\n \u201cHe cannot place the blame on Congress for the fact that 166 men still remain (there). He has the power to resolve this crisis, and he must use it to close Guantanamo.\u201d<\/p>\n<\/blockquote>\n Straightaway as president, he could have acted responsibly. He chose not to do so. His two Executive Orders were disingenuous. They were head fakes.<\/p>\n Given how he\u2019s governed, it\u2019s not surprising. His March 7, 2011 Executive Order<\/a> also authorized indefinite detentions and military commission trials. Doing so broke his pledge to close Guantanamo. It suggests he has no intention to do so.<\/p>\n He also violated America\u2019s Fifth Amendment, stating:<\/p>\n \u201cNo person.shall be deprived of life, liberty, or property, without due process of law.\u201d<\/p>\n At the time, ACLU executive director Anthony Romero said:<\/p>\n \u201cIt is virtually impossible to imagine how (Obama) closes Guantanamo in light of this executive order. In a little over two years, (he\u2019s) done a complete about-face.\u201d<\/p>\n<\/blockquote>\n In 2011, attorney David Remes represented 20 detainees. He saw no substantive difference between Bush and Obama policies. Just \u201ca new cast of characters,\u201d he said. Lawlessness continues unabated.<\/p>\n Within a year, the EO authorizes an unclassified review of factors justifying each detainee\u2019s continued incarceration. A government representative will be appointed to do so.<\/p>\n Detainees may hire private counsel if they wish. They\u2019ll have to do so at their own expense. No government funds are provided. A Periodic Review Board is also involved. It\u2019s stacked against detainees. It\u2019s composed of military, intelligence and Justice Department officials.<\/p>\n According to the EO, detainees may appear before the board. They may introduce their own evidence. They may call witnesses \u201cwho are reasonably available.\u201d<\/p>\n In other words, Washington won\u2019t pay transportation costs. Detainees were abducted far from Guantanamo. They\u2019re not \u201creasonably available.\u201d The deck is stacked. So-called periodic reviews exclude fairness.<\/p>\n Indefinite detentions and military commissions are lawless. They\u2019re indefensible. They\u2019re unjustifiable practices. No civil societies should tolerate them.<\/p>\n They constitute guilt by accusation. No recourse is permitted. Appeals aren\u2019t allowed. Rule of law principles don\u2019t matter. Diktat authority has final say.<\/p>\n After his March 7, 2011 Executive Order, Obama contemptuously claimed:<\/p>\n Indefinite detentions and military commissions will \u201cbroaden our ability to bring terrorists to justice, provide oversight for our actions, and ensure the humane treatment of the detainees.\u201d<\/p>\n Attorney General Holder added:<\/p>\n \u201cThe executive order\u2026.strengthens the legal framework under which we will continue to detain those individuals who are at war with our country and who pose a significant threat to the security of the United States.\u201d<\/p>\n Omitted was explaining that virtually all Guantanamo detainees were and continue to be innocent victims. On January 11, 2002, the facility opened.<\/p>\n At least most detainees have been non-belligerents. Seton Hall University Guantanamo reports<\/a> revealed that around 95% were seized randomly for bounty.<\/p>\n They were sold to US forces for $5,000 per claimed Taliban and $25,000 for alleged Al Qaeda members. No corroborating evidence was sought. Washington needed bodies. It still does. It operates \u201cblack sites.\u201d<\/p>\n Innocent victims fill America\u2019s global network of torture prisons. Alleged suspects are snatched and disappeared. It\u2019s done out of sight and mind. Major media scoundrels ignore it. Guantanamo\u2019s the tip of the iceberg.<\/p>\n Obama continues lawless Bush practices. Torture remains official policy. Innocence is no defense. Crimes of war, against humanity and genocide continue.<\/p>\n Waging war on humanity is policy. It continues unabated. Who knows what\u2019s next? It\u2019s shocking to imagine what\u2019s possible.<\/p>\n Stephen Lendman<\/strong> lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net.<\/em><\/p>\n His new book is titled \u201cBanker Occupation: Waging Financial War on Humanity.\u201d<\/em><\/p>\n http:\/\/www.claritypress.com\/LendmanII.html<\/a><\/em><\/p>\n Visit his blog site at sjlendman.blogspot.com.<\/em><\/p>\n Listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network.<\/em><\/p>\n It airs Fridays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.<\/em><\/p>\n http:\/\/www.progressiveradionetwork.com\/the-progressive-news-hour<\/a><\/em><\/p>\n http:\/\/www.dailycensored.com\/close-guantanamo-now\/<\/a><\/em><\/p>\n\n
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