CQ TODAY ONLINE NEWS
– DEFENSE
May 21, 2009 – 12:21 p.m.
Obama Defends His Decision to Close Guantánamo
By Keith Perine, CQ Staff
President Obama on Thursday delivered a blistering critique of both his predecessor’s counterterrorism policies and Republican attacks on his own national security decisions, in a wide-ranging speech at the National Archives in Washington.
Obama, speaking with the Declaration of Independence, the Constitution and the Bill of Rights as a backdrop, defended his order to close the detainee prison at Guantánamo Bay, Cuba, and outlined several tenets of his own counterterrorism strategy. The president tried to reframe the complex problem of how to treat the Guantánamo detainees as one that requires pragmatism above politics and bipartisan deliberation over partisan attacks.
“As president, I refuse to allow this problem to fester. I refuse to pass it on to somebody else,” Obama said, in one of several thinly veiled digs at the George W. Bush administration. “It is my responsibility to solve the problem. Our security interests will not permit us to delay. Our courts won’t allow it. And neither should our conscience.”
Obama has suffered some setbacks on Capito Hill to his nascent Guantánamo policy. Lawmakers in both chambers have stripped out $80 million he had requested in the fiscal 2009 supplemental (
But if the president produces a detailed strategy that can garner public support, he may not have as much trouble getting funding when he actually would need it, in the fiscal 2010 appropriations bills.
The president said the administration would put the 240 detainees at Guantánamo into one of five categories: Some will be tried in federal courts; others will be tried before revamped military commissions. Some detainees will be transferred to other countries; some will be released pursuant to court orders, almost all of which were issued before Obama took office.
Obama said the remaining detainees will be held indefinitely without charge or trial.
“We must have clear, defensible and lawful standards for those who fall into this category. We must have fair procedures so that we don’t make mistakes,” Obama said. “We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.” He added that such detainees would be held “within a system that involves judicial and congressional oversight. And so going forward, my administration will work with Congress to develop an appropriate legal regime.”
The Justice Department announced Thursday that Ahmed Khalfan Ghailani, a Tanzanian held at Guantánamo Bay since 2006, would be tried in a New York federal court. Ghailani faces charges related to the 1998 bombings of the U.S. embassies in Tanzania and Kenya, and other alleged crimes.
Civil libertarians and liberal activists argue that detainees should be tried in federal courts — or perhaps courts-martial -— or simply released. They are opposed to military commissions and to prolonged detention without trial.
The president criticized the Bush administration’s counterterrorism policies as motivated by fear and ideology. He said that “the decisions that were made over the last eight years established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable — a framework that failed to rely on our legal traditions and time-tested institutions and that failed to use our values as a compass.”
Cheney Rebuttal
After Obama spoke, former Vice President Dick Cheney delivered a rebuttal speech at the American Enterprise Institute. He invoked the horror of the Sept. 11, 2001 attacks, defended the Bush administration’s policies and dismissed Obama’s criticisms.
“For all the partisan anger that still lingers, our administration will stand up well in history,” Cheney said. “Not despite our actions after 9-11, but because of them.”
Cheney also said that “After the most lethal and devastating terrorist attack ever, seven-and-a-half years without a repeat is not a record to be rebuked and scorned, much less criminalized. It is a record to be continued until the danger has passed.”
Republican congressional leaders have repeatedly criticized Obama for deciding to close Guantánamo before figuring out what to do with its inhabitants.
“With all due respect to the president, what we need here is not a speech but a plan, and a plan was what was clearly missing from the speech here today,” Senate Minority Leader Mitch McConnell , R-Ky., said.
He renewed his call for Obama to abandon what McConnell characterized as an arbitrary timeline for closing Guantánamo.
“It may cost you a few popularity points in Europe, but — as you indicated, Mr. President, in your speech today — figuring out what to do with these folks is quite complicated, and it’s better to do that in a timely fashion without the arbitrary deadline of closing Guantánamo,” McConnell said.
McConnell’s House counterpart, Rep. John A. Boehner , D-Ohio, said, “today the president spoke a great deal about trust. But he declined to provide Americans with a clear plan for what to do with these terrorists.”
Pledging Transparency
Obama defended other controversial decisions regarding detainees — the release of Bush Justice Department memoranda describing harsh interrogation techniques, and his resistance to disclosing dozens of photographs that depict abusive treatment of detainees held in Iraq and Afghanistan.
Obama stressed the need to keep some matters classified. But, in a dramatic departure from his predecessor, he said he would involve the other two branches of government in such decisions.
“I will never abandon — and will vigorously defend — the necessity of classification to defend our troops at war; to protect sources and methods; and to safeguard confidential actions that keep the American people safe,” Obama said. “Here’s the difference, though: Whenever we cannot release certain information to the public for valid national security reasons, I will insist that there is oversight of my actions – by Congress or by the courts.”
The president said his administration would narrow the use of the state secrets privilege to shield government information from disclosure in court, and will report to Congress when it does invoke the privilege.
The president also reiterated his opposition to creating an independent commission to investigate Bush administration counter-terrorism policies.
“I have opposed the creation of such a commission because I believe that our existing democratic institutions are strong enough to deliver accountability,” Obama said. “The Congress can review abuses of our values, and there are ongoing inquiries by the Congress into matters like enhanced interrogation techniques. The Department of Justice and our courts can work through and punish any violations of our laws.”
Kathleen Hunter and Greg Vadala contributed to this story.




Comments
Obama defends his position?? Give it up. Your democratic controlled house and senate have voted overwhelmingly not to finance the closing nor to accept any prisoners on US soil. You are NOT above the congress YET.
Quote from news: "President Barack Obama said on Thursday some terrorism suspects held at Guantanamo would be sent to U.S. prisons despite strong congressional opposition, as he defended his plan to close the internationally condemned detention center.." Not according to your congress, who have already voted overwhelmingly against it! You people elected an absolute monarch!
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