There is a distinction between how interrogation techniques were practiced prior to '05, when the Detainee Treatment Act was passed, and how they are practiced now. Ironically this Act removed the right of habeas corpus from any Camp X-Ray prisoners, which is the basis for Boumediene's trial and release. Before '06, when Boumediene had already been held for 3+ years at then Camp X-Ray, our "enhanced interrogation techniques" were torture, as defined by Geneva Convention 3, and denied as evidence in Bush constituted Military Commissions, which the Supreme Court struck down as unconstitutional use of executive authority.
What is ironic is that the current Obama Attorney General Eric Holder shared the belief with Pres. Bush that detainees did not come under the Geneva Conventions and that they should be interrogated
without possessing those rights:
So, the Supreme Court also overruled AG Holder on his shared belief with Bush. Obama's DOJ also shares Bush's assertion on denial of habeas corpus to detainees. And despite Obama's nice speeches to the contrary, Barack Obama is holding detainees indefinitely, blantantly denying them the right to habeas corpus.
The Supreme Court struck down Bush's Military Tribunals however, Pres. Obama has been and remains in favor of their use with detainees. Obama has alot of criticism out in public discussion on his decision to reestablish Military Tribunals even with changes.
Obama Sharply Criticized For Reviving Bush-Era Military Commissions
Critics Call Obama's Tribunals "Bush Lite"
Rights Groups Angry Over Obama's Military Tribunals Decision
The procedures Boumediene was subject to for the few months, before his subsequent release, by the Obama Admin. were not. He may indeed still consider it torture, but his definition, is not the law of the land, which we are required to follow.
Based on Boumediene's statement where he says:
"Lie, Lie, Lie...Nothing change in Guantanamo. Nothing," "The same rules. They torture me in the Obama time more than Bush." - Lakhdar Boumediene
It is not clear whatsoever that the torture Boumediene allegedly suffered under Obama's administration was not a violation of law, treaty or Geneva. Boumediene clearly states
nothing changed and the same rules applied. The distinction made by his lawyer and Rather is that "the more" torture under Obama time was not during interrogation. It is
not specified that he did not experience the some of the same experiences under Obama. All we have to go on are Boumediene's words...and they clearly state that it was the
same experience.
What the Obama Admin. is now attempting to do is triage a disaster situation in Gitmo and elsewhere foreign detainees are held. Since there are so many prisoners from so many different countries, there has to be a system to sort through their status based upon nationality, charges, evidence, etc.. The fact that we are finally getting to this point 8 years into the War on Terror is pretty weak, given how proudly we trumpet to the world that our society is based upon the rule of law.
My prior post points out and you acknowledge that this issue is not Gitmo isolated, there are detainees being held and taken in elsewhere. Obama isn't just
triaging Bush's disaster.
Because it is going to take time for Obama's Admin. to sort through these 240 cases, they have no choice but to continue to use indefinite detention, in order to gain the time necessary to asses the case against each detainee.
Oh, that's not true. Obama's Administration already established the status of the 240 cases and they should either be building cases or...making the tough decision on them. If time was the issue, there is a process for requesting more time on a case without denying habeas corpus. How much time? Years? Months? Obama says Indefinitely.
Obama is now moving beyond Gitmo, beyond 240 detainees to
new detainees detained under the Obama Administration and they may face indefinite detention with no charges or trial. Obama is hiding behind a
Bush mess...but if that is a mess, Obama is a mess:
Court Agrees with Obama Administration that Detainees Still Have No Constitutional Right Not to Be Tortured
In its first filing on detention and torture under
the Obama administration, the Department of Justice filed briefs in March urging the Court of Appeals to reject any constitutional or statutory rights for detainees. The Obama Justice Department further argued that even if such rights were recognized, the Court should rule that the previous administrations officials who ordered and approved torture and abuse of the plaintiffs should be immune from liability for their actions.
This is a question about accountability for torture and abuse. Its a disgrace to have a U.S. court stating that Guantánamo detainees are not persons. It would be a shame to have our new President supporting such a position in the Supreme Court. It was bad enough for the Obama Administration to take this position at this stage. We hope that they reconsider, stated Michael Ratner, President of the Center for Constitutional Rights (CCR).
Boumediene acknowledged that the fundamental rights we take for granted apply to persons in U.S. custody at Guantanamo. This decision runs directly counter to that principle.
- Center for Constitutional Rights,
Center for Constitutional Rights
Some will be either released to their home countries, if the DOJ/DOS rules that country to have a sufficiently strong legal and penal system, or referred to a neighboring country, as we saw today with 20 Yemenis being released to Saudi Arabia. Some released outright. Others detained as dangerous, but without sufficient evidence (or tainted) to convict,
Obama holding detainees indefinitely without charging them and without trial because there isn't sufficient evidence to convict is the same as Bush doing that. Obama's use of indefinite detention is wider than 240 detainees in Gitmo and
not restricted to detainees who were harshly interrogated and who may have tainted evidence.
and others tried in one of the following court systems: military commissions with modifications, Article III (Federal) civilian courts. Each system with it's own benefits, and detractions. Since the Supreme Court has already ruled that detainees are entitled to a judicial review of their detention, Obama said any preventive detainees (new term) "must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified."
hmm...
As Judge Bates noted, the prisoners shipped to Bagram actually have even fewer rights than the Guantanamo detainees did prior to
Boudemiene, because at least the latter were given a sham Pentagon review (
the CSRT tribunal), whereas the U.S. Government --
under both Bush and Obama --
maintain that Bagram prisoners have no rights of any kind.
In the wake of Judge Bates' ruling that foreign detainees shipped to Bagram at least have the right to a hearing to determine their guilt, what is the Obama DOJ doing?
This:
The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was
not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight. . . . - NYT
Glenn Greenwald, CommonDreams.org, Salon.com
Overall, I think there is a very big difference over how the Obama Admin is handling this. The reason it's such a big fight is because, the Republicans want to avoid further legal rebukes (already being 0-4 in the Supreme Court), or prosecution.
No. Obama
isn't handling this differently. And Republican fear has absolutely nothing to do with this fight:
Obama and Habeas Corpus -- Then and Now
So
that Barack Obama -- the one trying to convince Democrats to make him their nominee and then their President -- said that abducting people and imprisoning them without charges was (a) un-American; (b) tyrannical; (c) unnecessary to fight Terrorism; (d) a potent means for stoking anti-Americanism and fueling Terrorism; (e) a means of endangering captured American troops, Americans traveling abroad and Amerians generally; and (f) a violent betrayal of core, centuries-old Western principles of justice.
But today's Barack Obama, safely ensconsed in the White House, fights tooth and nail to preserve his power to do exactly that. -Glenn Greenwald, CommonDreams.org, Salon.com