Legal Commentary

Gitmo Word Games

By Jeralyn

Today unnamed Obama advisors say Obama will order Guantanamo closed during his first week in office.

Ordering Guantanamo's prison closed is not the same thing as closing it. There's no mention of a timetable. As noted yesterday, he said on ABC's This Week not to expect it during his first 100 days.

When is a cigar not a cigar? Apparently, when it comes to closing Guantanamo. As the ACLU says in its latest press release on the anonymously-sourced promise:

“While the news from unnamed sources in the Obama transition team about the closing of Guantánamo is certainly welcome, what we need are specifics about the timeline for the shuttering of the military commissions and the release or charging of detainees who have been indefinitely held for years. Executive orders are an important first step. But we trust that President-elect Obama will provide a detailed plan for ending the Guantánamo military commissions, shutting down the Guantánamo military prison and ending President Bush’s legacy of indefinite detention. An executive order lacking such detail, especially after the transition team has had months to develop a comprehensive plan on an issue this important, would be insufficient.

More...

What we need is an executive order that is less about rhetoric and more about a detailed plan – and we’re hoping that that is what President-elect Obama has planned for January 20.”

Vague and indefinite orders with no bite won't cut the mustard. As I wrote earlier, this isn't rocket science. It's as easy as 1-2-3:

• Send home those who can go home
• Secure safe haven for those who cannot, and
• Charge those who can be charged and try them in ordinary federal criminal court.

Full post as published by TalkLeft on January 12, 2009 (boomark / email).