Posted on Feb 23, 2016
Guantanamo Closure Plan is Best Way Forward, Pentagon Press Secretary
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WASHINGTON, February 23, 2016 — The plan submitted to Congress to close the detention facility at Naval Station Guantanamo Bay, Cuba, is the best way forward, Pentagon Press Secretary Peter Cook said today.
Congress has an opportunity to close the detention facility in a way that maintains U.S. national security, saves taxpayer money, eliminates a terrorist propaganda tool, and strengthens U.S. relations with allies, Cook said at a Pentagon news conference.
Earlier today, the Defense Department submitted to Congress the Obama administration's plan for closing the detention facility.
Complex Legal and Budget Concerns
Closing the facility, which currently holds 91 detainees, is complex and involves legal and budget concerns, Cook explained.
"There are some restrictions put in place by Congress that make this a more difficult challenge," he said. "This is not easy; this has been an ongoing debate in this country for some time."
The plan, among other things, calls for administration officials and Congress to work together to find a secure location in the United States to hold certain detainees. Congress has imposed restrictions that currently prevent the transfer of detainees to the United States.
While the Pentagon does not expect unanimous agreement on the plan, Cook said, it is a "starting point for conversation for members of Congress -- both parties, people with different views on this issue -- where maybe there could be some middle-ground solution that allows this to move forward."
Closing the detention facility will be an ongoing process, Cook said, adding that Defense Secretary Ash Carter believes it is important to resolve the issue before the next administration takes office.
From the White House today, President Barack Obama said he is "absolutely committed" to closing the detention facility. "It undermines our standing in the world. It is viewed as a stain on our broader record of upholding the highest standards of rule of law," the president said.
Congress has an opportunity to close the detention facility in a way that maintains U.S. national security, saves taxpayer money, eliminates a terrorist propaganda tool, and strengthens U.S. relations with allies, Cook said at a Pentagon news conference.
Earlier today, the Defense Department submitted to Congress the Obama administration's plan for closing the detention facility.
Complex Legal and Budget Concerns
Closing the facility, which currently holds 91 detainees, is complex and involves legal and budget concerns, Cook explained.
"There are some restrictions put in place by Congress that make this a more difficult challenge," he said. "This is not easy; this has been an ongoing debate in this country for some time."
The plan, among other things, calls for administration officials and Congress to work together to find a secure location in the United States to hold certain detainees. Congress has imposed restrictions that currently prevent the transfer of detainees to the United States.
While the Pentagon does not expect unanimous agreement on the plan, Cook said, it is a "starting point for conversation for members of Congress -- both parties, people with different views on this issue -- where maybe there could be some middle-ground solution that allows this to move forward."
Closing the detention facility will be an ongoing process, Cook said, adding that Defense Secretary Ash Carter believes it is important to resolve the issue before the next administration takes office.
From the White House today, President Barack Obama said he is "absolutely committed" to closing the detention facility. "It undermines our standing in the world. It is viewed as a stain on our broader record of upholding the highest standards of rule of law," the president said.
Guantanamo Closure Plan is Best Way Forward, Pentagon Press Secretary
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14R: Bradley Linebacker Crewmember
Pentagon 14R: Bradley Linebacker Crewmember
Posted 8 y ago
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"Congress has an opportunity to close the detention facility in a way that maintains U.S. national security, saves taxpayer money, eliminates a terrorist propaganda tool, and strengthens U.S. relations with allies".....DEFINITELY not so sure with that. You can move a tent to a new area, and it's STILL a tent.
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SFC Joe S. Davis Jr., MSM, DSL
SSG Warren Swan well said, its mind-blowing thinking of this debacle. I guess the next question, "is where do the prisoners go after closure." Yeap, you guess it right some where else in America and more taxpayer dollars spent. Sounds familiar right!
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SSG Warren Swan
I wonder how much influence the for-profit prison industry has in this? I'm SURE they'd jump at the chance to house these guys, being I can't think of any supermax sites where they could last very long.
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Lt Col (Join to see)
There is a floating trash continent in the middle of the Pacific Ocean....that's a great place to move GITMO.
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SFC Joe S. Davis Jr., MSM, DSL Nice strategy. Put the blame for tax dollars being spent on Congress' head, say to the larger public that it's a propaganda tool of extreme importance to Da'esh, and that it will improve the perception of our nation among other nations. It appears to be a way for the administration to gain the support of public opinion for what it desires to do, it's not actually a plan for how to do it. Here would be a good place to insert the actual propaganda techniques Da'esh uses which is anything and everything even stealing photographers photos, their propaganda is so vast the part about Guantanamo is just a drop in the bucket and also to insert what other nations are doing about the combatants/prisoners they have in custody. Let's also talk a moment about the term "enemy combatant" (a term not used by the current administration to refer to those in Guantanamo since 2009). An enemy combatant is someone who is commanded by a person person responsible for subordinates, carries arms openly, and conducts their operations in accordance with the laws and customs of war, among other criteria, according to The Third Geneva Convention. They would then have to be treated in accordance with Prisoner of War guidelines in the Geneva Convention of 1949. An “enemy combatant” is an individual who, under the laws and customs of war, may be detained for the duration of an armed conflict. We're still involved in a conflict in the country in which they were apprehended as well as Iraq in case no one has noticed. Currently in a conflict with al Qaida and the Taliban, this term includes any member or agent of either group. Using this definition, the United States government has acted consistently with the observation of the Hague Convention and the law of war.
Our POTUS determined that al Qaida members are unlawful combatants because they are members of a non-state actor terrorist group that does not receive the protections of the Third Geneva Convention. He additionally determined that the Taliban detainees are unlawful combatants because they do not satisfy the criteria for POW status set out in Article 4 of the Third Geneva Convention.
So here is the answer to whether they have the right to habeas corpus. Enemy combatants may have their Habeas Corpus rights suspended. Therefore, they can be imprisoned for an indefinite period of time without being able to challenge it.
Further if our POTUS really wanted to see that these men were tried he has the power to do that through Military Commissions Act of 2006 which gave POTUS the authority to set up military commissions to try enemy combatants. The act also states: “No alien unlawful enemy combatant subject to trial by military commission under this chapter may invoke the Geneva Conventions as a source of rights.” Perhaps the reason it is not being used is that the defendant does not have the right to file Habeas Corpus petitions and can receive the death penalty.
Our POTUS determined that al Qaida members are unlawful combatants because they are members of a non-state actor terrorist group that does not receive the protections of the Third Geneva Convention. He additionally determined that the Taliban detainees are unlawful combatants because they do not satisfy the criteria for POW status set out in Article 4 of the Third Geneva Convention.
So here is the answer to whether they have the right to habeas corpus. Enemy combatants may have their Habeas Corpus rights suspended. Therefore, they can be imprisoned for an indefinite period of time without being able to challenge it.
Further if our POTUS really wanted to see that these men were tried he has the power to do that through Military Commissions Act of 2006 which gave POTUS the authority to set up military commissions to try enemy combatants. The act also states: “No alien unlawful enemy combatant subject to trial by military commission under this chapter may invoke the Geneva Conventions as a source of rights.” Perhaps the reason it is not being used is that the defendant does not have the right to file Habeas Corpus petitions and can receive the death penalty.
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SFC Joe S. Davis Jr., MSM, DSL
CPT (Join to see) thanks for the response. You nailed it with your response. I am in agreement you hit every key point in Article 4 and the POTHUS Military Commissions Act of 2006 authority. Well said and eloquently conveyed that all can understand with logic in my opinion.
LTC Stephen F. SSG Warren Swan MAJ Ken Landgren
LTC Stephen F. SSG Warren Swan MAJ Ken Landgren
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CPT (Join to see)
SFC Joe S. Davis Jr., MSM, DSL - Thank you. I hope it didn't sound too much like a rant.
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SFC Joe S. Davis Jr., MSM, DSL
CPT (Join to see) thank you and thank you, so well said I will read it again. Sweet indeed!
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This is just another campaign promise that Obama made that he hasn't delivered on.
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