What is Obama’s policy? Signed executive order to close the
detention center at Guantanamo Bay by January 2010 Obama believes it will make American safer
Ordered the closure of CIA “black sites” by 2010
Alter methods of interrogation and detention
Military contractors may no longer provide prison security or perform interrogations
Problems Attempt to halt the possible violation of the
Constitution Denying writ of habeas corpus
Stepping away from Bush terrorism agenda Represents the promised changed
Aspects of Bush agenda being fixed according to the CATO Institute:
Government created no effective and objective way to determine guilt of detainees
Used torture, violating both international and domestic law Ends the controversial military commissions being
used Begins investigating methods of torture
More Problems Closes the “black sites” that have been sparking human
rights protests Loophole is still there if top terrorist officials are captured
Improves U.S. image abroad Black sites have been “damaging symbol to the world” and
served as a “rallying cry for terrorists” Many detainees have been wrongly held
Evidence is either shoddy or nonexistent Puts the CIA onto even ground with the military
bureaucracy Restores good chances of giving the detainees habeas
corpus Damaged American tradition of being a trendsetter for
human rights
Proposals Biggest is to keep Guantanamo Bay open and continue to
operate black sites Conditions are not bad at all
Detainees have movie nights, quality healthcare, air conditioning, choice of meal plans, science and English classes, religious freedom
Amnesty International wants to abandon military commission, facilitate speedy habeas corpus review
Detainees should be charged and tried in federal court or released immediately
Obama needs to stop appeasement of rival nations Has placed “world opinion” above well being of own nation
Move detainees to Alcatraz Have Congress pass new legislation authorizing
“administrative detention” Only for limited category of detainees
Legislative Proposals Bills Requiring or Delaying Closure
Interrogation and Detention Reform Act of 2008 Requires closure of Gitmo within 180 days of enactment
No proposed bill prohibits closure Bills Restricting Transfer to or Release in the United
States Restrict relocation indirectly by prohibiting use of federal
funds, forbidding extension of immigration status, restricting judicial authority
Bills Permitting Detainee Transfer to United States Purpose is to speed up prosecution process Transfer detainees to international tribunals, to native or
other country, or simple release Bills Relating to Interrogation, Treatment or Prosecution
Conformity away from Military Commissions Act of 2006
Court Alternatives The Strange Bedfellows Court
Proposed by Neal Katyal and Jack Goldsmith National Security Court that would operate independently
of civilian judicial system but staffed by federal judges Hear arguments from lawyers with with security clearances
and well aware of counterterrorism laws Would treat citizens and noncitizens equallly
The ‘Involuntary Commitment’-Plus Court Brookings Institution legal analyst Ben Wittes Special federal court to replace Gitmo’s review
procedures More lenient rules to enter evidence compared to
American civil courts Only for foreigners, American citizens would be put into
American system
More court alternatives Military Commissions Version 3.0
Proposed by Glenn Sulmasy, law professor at U.S. Coast Guard Academy
“Natural evolution” of current system Abolish preventative detention Trials closed to public but UN observers would be
allowed Proposed to be just used on al Qaeda
The Legal Melting Pot Devised by former federal prosecutor Andrew McCarthy Prosecution and defense would be drawn from a pool
within the Justice Department and in military’s Judge Advocate General’s office
Judges chosen by chief justice of Supreme Court Supported by Attorney General Michael Mukasey
Politics involved in court alternatives
Any alternative to federal court system is not favored by human rights groups Humans Rights Watch says only
fairness would be something close to criminal justice system
Also supported by some Democrats
Politics: Supporting Policy Basic principles for the policy are national security and
respecting the Geneva Conventions and other international agreements
CIA still allowed to detain suspects on a short term basis Uighurs and other inmates would face persecution if
released to host nation “States secrets privilege” still intact Portugal, Albania, Yemen, U.K. has taken in inmates
Urged other EU nations to do the same Would not allow the use of Authorization for Use of
Military Force as a reason to detain suspects Support of ACLU
Executive director Anthony Romero said the orders “represent a big step forward” and “President Obama should be commended for this bold and decisive action”
Politics: Supporting Policy Secretary of Defense Robert Gates has asked his team
for a proposal on how to shut it down [and] what would be required specifically to close it and move the detainees from that facility
American people must still be protected from any terrorist threat
Has left loopholes for any of the orders to be gotten around in case of needing severe torture techniques or any high ranking al Qaeda official is captured
D.C. District Court’s decision in Boumediene v. Bush Affirmed Constitutional rights of detainees at black sites to
challenge their detention in U.S. Civil courts May have established a precedent giving quicker, more
decisive trials to get the rest of the detainees out of Guantanamo
Think Progress: Supporting A liberal blog Want to close down Gitmo Putting detainees in maximum security
prisons would serve the same purpose Have already put Zacharias Moussaoui
on trial, possible for other detainees Believes American lives could be
endangered either way, whether at Gitmo or in U.S.
Human Rights First: Supporting Single standard of conduct for all U.S. interrogations is
necessary No longer use the Army Field Manual or any loopholes
passed down by the executive office Types of torture used:
Water Boarding The Cold Cell Attention Slap Long Time Standing Belly Slap
CIA has operated black sites in: Afghanistan, Pakistan, Jordan, Morocco, Diego Garcia,
Poland, Romania, Bulgaria, Ukraine, Kosovo, Macedonia Held “ghost detainees”
Don’t report whereabouts of detainees or that they’re even there
Human Rights First: Supporting Private Contractors responsible for abuses at Abu-
Gharib Also for abuse of detainees, homicides and assaults on the
ground in Iraq U.S. believed to send detainees to other nations known
for torture methods U.S. has called it a war, but do not follow laws of war Military Commissions Act of 2006 fails to follow Geneva
Conventions POW must be tried in “a regularly constituted court
affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”
Strips citizens and non-citizens of habeas corpus Undermines Supreme Court decision of Rasul v. Bush
All detainees at Gitmo entitled to challenge their detention in federal court
Politics: Constraining Policy Fear of moving dangerous inmates to federal prisons
Such as Leavenworth, Kansas and Charleston, South Carolina Some inmates will remain in U.S. custody, but need
somewhere to put them Would take extensive renovations of prisons
Create separate wings or clear out areas for the detainees Reinforced to avoid being vulnerable to terrorist attacks
Secondary and tertiary concerns to town, county, and state Difficult to find nations willing to take in inmates
Either too dangerous for inmates or too dangerous for nations
Austria has rejected detainees Obama has ordered military commissions halted, but the
detainees have neither been released nor proven innocent or guilty
Slow moving administration, such as Bush administration
Politics: Constraining Policy “Reformed” detainees have reentered ranks of al
Qaeda Said Ali Al-Shihri is deputy leader in Yemen 61 total have returned to terrorist organizations
Yemen Yemenis make up largest group of detainees Poor security and porous borders will leave U.S. exposed to
threat again Bagram Detention Center in Afghanistan also faces
being closed Takes away another option for detainees to be transferred
Obama argument of making American safer by closing Gitmo has holes
Terrorists had already announced intentions before establishment of detention center at Gitmo
Politics: Constraining Policy FinkelBlog
Conservative Option of reforming terrorists in Saudi Arabia not
guaranteed to work American Enterprise Institute’s John Yoo:
“Mr. Obama may have opened the door to further terrorist acts on U.S. soil by shattering some of the nation's most critical defenses.”
Khalid Sheikh Mohammad still detained there Mastermind of 9/11 attacks
Senate passed a non-binding Sense of the Senate Resolution
Prevents Gitmo detainees from being transferred to facilities in the U.S.
HumanEvents.com A conservative website Believe Islamic hatred towards America existed before
Gitmo Gitmo is only playing a small part in contributing to anti-
American sentiment Islamic youths trained to hate America from a young age
Before they’re even aware of Gitmo Potential insults to American troops
Closing suggests our service members have done something wrong
Some inmates must still be detained and will claim to be tortured no matter where they are held
Gitmo is going to be shut without devising a new plan of what to do with the inmates and how to treat them in the future
Move America Forward Pro-troops, grassroots, non-profit organization If trials are conducted in U.S.
Become “show trials” Will embarrass troops and U.S.
Created petition to keep Gitmo open Conditions are not that bad
Detainees are “given regular movie nights in overstuffed couches, top-notch healthcare, air-conditioned accommodations, choices of six meal plans, regular exercise, art and English classes and every religious consideration.”
May put detainees on Welfare Obama effort to give them new opportunity if proven
innocent
Policy Window Obama
Strong public dislike of Bush and all of his policies Taken advantage of with order being passed a few days
into office Made drastic change ASAP Keeping campaign promise Facing major public skepticism on human rights and
treatment of detainees at Gitmo Public
Obama ordered closure so there is opportunity to support or amend his closure or to propose policy that deals with issues within Guantanamo (i.e. torture and interrogation)
Policy Window: Likelihood of real policy Strong chance with executive order already
signed Legislation necessary to make order
permanent Very possible with Democratic Congress Democrats are pro-closing Gitmo
If none of the proposed bills pass Special Task Force on Detainee Disposition will most
likely address the questions raised by the proposals Complete emptying of Gitmo supposed to
happen by January 2010