Posted on Feb 23, 2016
Why Obama Hasn't Closed Guantanamo Bay—and Likely Never Will
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Posted 9 y ago
Responses: 7
The President needs to stop perusing this quest, as it really accomplishes nothing significant. The prisoners by law cannot be brought into the US and Congress is not going to change this during his administration. His only option is to move them to another country, which in effect is a release. Any future harm those released prisoners cause will be placed 100% on the President (regardless of whether he is in office).
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Here is the problem. He cant nor would be be allowed to transfer those men to US Soil. If he lets them go, Then he is responsible for the deaths they cause.
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What happens with future POWs/violent international actors...where do they go if Gitmo is no longer an option?
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CPT (Join to see)
LTC (Join to see) I'm reading the newly released plan."The plan we're putting forward today isn't just about closing the facility at Guantanamo. It's not just about dealing with the current group of detainees, which is a complex piece of business because of the manner in which they were originally apprehended and what happened. This is about closing a chapter in our history,http://www.defense.gov/Portals/1/Documents/pubs/GTMO_Closure_Plan_0216.pdf
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LTC (Join to see)
CPT (Join to see) - The plan is vague at best imo - so we'll keep them in the country of said conflict...but what happens when the conflict is over? We "re-home" them essentially to another country willing to accept them. The overall plan doesn't seem well thought out - as in my novice opinion, it'll lead to rush decision/judgements, which usually come back to haunt us. Plus, I don't think it's legal to transfer them into the US prison system - unless there's something that was added to the NDAA 2016 and I'm not aware of it?
"C. Disposition of Future Detainees
The Administration approaches new captures on a case-by-case basis with a range of options,
including: prosecution in the military commission system or in Federal court; transfer to another
country for an appropriate disposition there; or law of war detention, in appropriate cases. For
each potential or actual capture, the appropriate Departments would review the pertinent
information and make a determination on the best course of action for the individual case. This
has been the policy of this Administration and it has allowed commanders the flexibility to
respond to the complexities of today's conflicts. Our national security team has repeatedly
chosen Article III courts in appropriate circumstances and the results have been clear – our court
system has resolved cases involving some of the most hardened terrorists in the highest-profile
cases. Consideration of whether future prosecutions should be pursued in a military commission
or in an Article III court will take into account the demonstrated ability of the Article III courts to
effectively deal with the enormous complexity and challenges of international terrorism cases,
and the struggles of the military commissions to address the complicated issues they face - and to
achieve recognition as being an effective forum."
I feel like the administration has a "Carl" and someone let Carl draft the plan.
"C. Disposition of Future Detainees
The Administration approaches new captures on a case-by-case basis with a range of options,
including: prosecution in the military commission system or in Federal court; transfer to another
country for an appropriate disposition there; or law of war detention, in appropriate cases. For
each potential or actual capture, the appropriate Departments would review the pertinent
information and make a determination on the best course of action for the individual case. This
has been the policy of this Administration and it has allowed commanders the flexibility to
respond to the complexities of today's conflicts. Our national security team has repeatedly
chosen Article III courts in appropriate circumstances and the results have been clear – our court
system has resolved cases involving some of the most hardened terrorists in the highest-profile
cases. Consideration of whether future prosecutions should be pursued in a military commission
or in an Article III court will take into account the demonstrated ability of the Article III courts to
effectively deal with the enormous complexity and challenges of international terrorism cases,
and the struggles of the military commissions to address the complicated issues they face - and to
achieve recognition as being an effective forum."
I feel like the administration has a "Carl" and someone let Carl draft the plan.
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