The Cellar

The Cellar (http://cellar.org/index.php)
-   Politics (http://cellar.org/forumdisplay.php?f=5)
-   -   Indefinite Detention (http://cellar.org/showthread.php?t=20370)

classicman 05-26-2009 07:04 PM

Indefinite Detention
 
Obama Endorses Indefinite Detention Without Trial for Some
Quote:

President Obama acknowledged publicly for the first time yesterday that some detainees at Guantanamo Bay may have to be held without trial indefinitely, siding with conservative national security advocates on one of the most contentious issues raised by the closing of the military prison in Cuba
"We are going to exhaust every avenue that we have to prosecute those at Guantanamo who pose a danger to our country," Obama said. "But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States."

Some human rights advocates criticized Obama for adopting the idea that some detainees are not entitled to a trial. Others said the president was boxed in by cases inherited from the Bush administration in which possible prosecution had been irretrievably compromised by coercive interrogation.

The president stopped short of saying he would institutionalize indefinite detention for future captives.

"The issue is framed pretty exclusively in terms of existing Guantanamo detainees," said Tom Malinowski, the head of Human Rights Watch's Washington office. "There is a big difference between employing an extraordinary mechanism to deal with legacy cases compromised because of Bush administration actions and saying we need a permanent national security regime."

But Michael Ratner, president of the Center for Constitutional Rights, said employing preventive detention simply because some cases at Guantanamo are too difficult to prosecute would involve the kind of legal expediency that Obama said was a hallmark of his predecessor's policies.

"My question is not only what happens to those people who may be perpetually in prison but what kind of precedent does that set for the future?" Ratner said. "It's not one I find constitutional or acceptable. Opening that door even for a few Guantanamo detainees is anathema. He is closing Guantanamo physically, but he's repackaging it with a little more legal gloss."

Obama did not lay out the legal underpinnings of preventive detention yesterday, speaking only of "a system that involves judicial and congressional oversight." He could hold detainees under a law-of-war theory that they are combatants or, more radically, create a national security court under domestic legislation to back such a detention system. The Supreme Court has already ruled that detainees are entitled to a judicial review of their detention.
I'm not liking this at all. No, I do not have a better plan, but incarcerating people without a trial or review goes contrary to everything that our judicial system is based on. Innocent until proven guilty, a fair trial and so on.
Bush according to many, broke the law by keeping these people at Gitmo for so long. Obama apparently wants to rewrite existing, or write new legislation so that this can be done "legally." Whaaat?

glatt 05-26-2009 08:41 PM

I can't get behind Obama on this one, but don't have a better solution. He inherited a mess, but he's keeping it going.

classicman 05-26-2009 09:09 PM

I dunno - Based upon what he said during the election, it would seem that he would be morally obligated to release those detainees who are not going to be tried. Politically and realistically he cannot. This seems like a very tight line to walk. I'm very surprised at this decision.

piercehawkeye45 05-26-2009 09:47 PM

I see no other decision Obama can make without risking his image. As I said earlier, if a released Gitmo prisoner does commit a terrorist act on the United States, Obama is screwed.

Not to mention the fact that the potential terrorist could have initially been innocent.

classicman 05-26-2009 10:10 PM

Quote:

Originally Posted by piercehawkeye45 (Post 568820)
Not to mention the fact that the potential terrorist could have initially been innocent.

So that same potentially innocent person is going to be incarcerated for...... ever???? That is on Obama, not Bush. I'm still amazed that the press isn't going crazy over this.

piercehawkeye45 05-26-2009 10:31 PM

Media probably won't say anything. I'm sure their agenda sides with it.

From the moral standpoint, this is a situation where justice does and will not exist. Innocent lives were completely ruined and these prisoners will probably never be accepted back into mainstream society, which means they could follow paths that will lead to even more deaths. No punishment can undo what has been done even if the "guilty" are brought to justice. This also assumes the "guilty" (CIA or whoever) were guilty because I would not be surprised if they had bad information to begin with.

Beestie 05-26-2009 10:32 PM

If a man of his conviction does something that appears contrary to his conviction then we should at least acknowledge the possibililty that he would prefer the burden of appearing to go back on his word rather than take the easy way out and explain his reasoning when so doing would make matters even worse.

Obama gets the benefit of the doubt from me on this one.

piercehawkeye45 05-26-2009 10:48 PM

I agree with that but it seems that no one is going to take the risk of being wrong.

classicman 05-27-2009 10:28 AM

Quote:

Originally Posted by Beestie (Post 568831)
If a man of his conviction does something that appears contrary to his conviction then we should at least acknowledge the possibility that he would prefer the burden of appearing to go back on his word rather than take the easy way out and explain his reasoning when so doing would make matters even worse.
Obama gets the benefit of the doubt from me on this one.

The fact that he is rewriting law to incarcerate "indefinitely" without a trial is troubling. This is potentially worse than the previous administrations decision.
He wants to close Gitmo, so he can abide by his pledge, but at what cost? What other implications of these "new laws" are there? This goes against the original principles of America justice. I'm certainly not a lawyer, but it seems like a new legal precedent is being set.

Undertoad 05-27-2009 10:47 AM

uh i think the current thinking is military tribunals

classicman 05-27-2009 11:45 AM

...and?

Flint 05-27-2009 12:41 PM

Quote:

Originally Posted by piercehawkeye45 (Post 568820)
As I said earlier, if a released Gitmo prisoner does commit a terrorist act on the United States, Obama is screwed.

And plus, you know, an, uh, act of terror gets commited. Which isn't usually, like, loosening the tops of salt shakers.

Happy Monkey 05-27-2009 12:51 PM

Quote:

Originally Posted by classicman (Post 568823)
So that same potentially innocent person is going to be incarcerated for...... ever???? That is on Obama, not Bush.

It's on Obama AND Bush. And if anyone is still incarcerated without trial under the next president, it will be on them as well.

piercehawkeye45 05-27-2009 01:11 PM

Quote:

Originally Posted by Flint (Post 568928)
And plus, you know, an, uh, act of terror gets commited. Which isn't usually, like, loosening the tops of salt shakers.

huh?

Flint 05-27-2009 01:13 PM

Man, if I burn the house down, my wife is gonna be pissed. Oh, and also, the house thing.

classicman 05-27-2009 01:14 PM

Quote:

Originally Posted by Happy Monkey (Post 568930)
It's on Obama AND Bush.

Not anymore - This is his baby now. Rewriting the laws is 100% on Obama and the ramifications or benefits are also Obama's alone.

Happy Monkey 05-27-2009 03:02 PM

The ramifications and benefits of Obama's actions build on the ramifications and benefits of Bush's. Each are responsible for their own, and both are responsible for the sum. Obama will still be responsible for what he does after he hands the reins to the next president.

classicman 05-27-2009 03:33 PM

I stand by my previous post. As far as rewriting the laws and the rights violations that may ensue - thats all on Obama.

Happy Monkey 05-27-2009 04:18 PM

And as far as incarcerating them for years without trial while claiming that law was irrelevant and the rights violations that DID ensue, that's all on Bush. And the end result is on both of them.

classicman 05-27-2009 04:22 PM

Quote:

Originally Posted by Happy Monkey (Post 568965)
As far as incarcerating them for years without trial while claiming that law was irrelevant and the rights violations that DID ensue, that's all on Bush.

Yes that would be correct. Seems to me that Obama is doing virtually the same thing, without the ridicule and outcry from those who did just that to Bush. Interesting indeed.

Flint 05-27-2009 04:33 PM

Hey, if I light a bobcat's tail on fire and throw 'im in your livin' room, and hand you a shovel and a shotgun, but ya ain't supposed ta hit 'im with it, ain't nobody but your momma gonna come cryin' when you throw a bucket of water on 'im and cook 'im for supper. /Dr. Phil

classicman 05-27-2009 04:55 PM

I actually saw a bobcat once! They are pretty big ya know!

Happy Monkey 05-27-2009 06:05 PM

Quote:

Originally Posted by classicman (Post 568966)
Yes that would be correct. Seems to me that Obama is doing virtually the same thing, without the ridicule and outcry from those who did just that to Bush. Interesting indeed.

And also WITH the ridicule and outcry of those who did just that to Bush. As mentioned pretty prominently in the originally posted article.

classicman 05-27-2009 10:06 PM

Quote:

Originally Posted by Happy Monkey (Post 568988)
And also WITH the ridicule and outcry of those who did just that to Bush. As mentioned pretty prominently in the originally posted article.

You mean this???
Quote:

Originally Posted by classicman (Post 568771)
I'm not liking this at all. No, I do not have a better plan, but incarcerating people without a trial or review goes contrary to everything that our judicial system is based on. Innocent until proven guilty, a fair trial and so on.
Bush according to many, broke the law by keeping these people at Gitmo for so long. Obama apparently wants to rewrite existing, or write new legislation so that this can be done "legally." Whaaat?

Where is the ridicule or outcry? Get real.

TheMercenary 05-27-2009 10:43 PM

Quote:

Originally Posted by classicman (Post 568771)

Oh God this is just getting more entertaining by the day.

Happy Monkey 05-27-2009 11:00 PM

Here's one:


And another:


The ACLU has a strongly worded rebuke and a less strongly worded (or at least less strongly headlined) one.

Russ Feingold says it's unconstitutional.

TheMercenary 05-27-2009 11:03 PM

TPM? is that actually a legit source of original congressional documents?

Happy Monkey 05-28-2009 10:13 AM

Feingold was the source. TPM happened to have the archive I found it on. And since I was looking for people who didn't like Bush and also don't like Obama's detention proposal, I don't see that it matters that much. Are you suggesting that TPM faked the Feingold letter? Unlikely, but even if true, it just puts TPM on the list opposing indefinite detention.

TheMercenary 05-28-2009 10:45 AM

Quote:

Originally Posted by Happy Monkey (Post 569149)
Feingold was the source. TPM happened to have the archive I found it on. And since I was looking for people who didn't like Bush and also don't like Obama's detention proposal, I don't see that it matters that much. Are you suggesting that TPM faked the Feingold letter? Unlikely, but even if true, it just puts TPM on the list opposing indefinite detention.

No none of that. I was just curious since people as of late have gotten their panties all in a wad if the source of a link comes from some place other than the Congressional Record. I for one was just curious and I have never heard of TPM.

classicman 05-28-2009 11:55 AM

Quote:

Originally Posted by Happy Monkey (Post 569149)
Feingold was the source.

Sorry HM, I thought I replied last night when I was reading this thread. I saw the Maddow piece when it aired, but not the Olberman one. The Feingold letter was wonderful.

Thanks for the links.

Happy Monkey 05-28-2009 12:11 PM

Quote:

Originally Posted by TheMercenary (Post 569157)
No none of that. I was just curious since people as of late have gotten their panties all in a wad if the source of a link comes from some place other than the Congressional Record. I for one was just curious and I have never heard of TPM.

Ah, sorry.

TPM is a liberal blog, and if I found something through them, I'd try to link to their sources rather than their editorials, if possible. If I couldn't find corroboration, I'd either drop it or put in a strong caveat. If their sources are scans of primary documents on their site, I have no reason to distrust those.

So TPM isn't a source of congressional documents, but I'd say that whatever is in their archive of primary source documents is legit.

Pie 05-28-2009 12:21 PM

Quote:

Originally Posted by Happy Monkey (Post 569149)
Feingold was the source.

I hadn't seen that Feingold letter till your link -- he was spot-on. :thumb: Thanks for the link!

Undertoad 05-28-2009 12:33 PM

TPM is a liberal blog

I divide the blogs by liberal vs. conservative, but more by well-reasoned vs. self-congratulatory attention-whoring yap dogs. TPM is on the well-reasoned side. Plus they do real reporting, and you have to respect that.

Pie 05-28-2009 12:43 PM

Quote:

Originally Posted by Undertoad (Post 569187)
self-congratulatory attention-whoring yap dogs

Okay, that need to be someone's user title.... And no, I'm not volunteering. :lol:

Happy Monkey 05-28-2009 12:50 PM

Quote:

Originally Posted by Undertoad (Post 569187)
TPM is a liberal blog

I divide the blogs by liberal vs. conservative, but more by well-reasoned vs. self-congratulatory attention-whoring yap dogs. TPM is on the well-reasoned side. Plus they do real reporting, and you have to respect that.

I do. Which can be a bit of an issue when they actually have a scoop, and there are no corroborating links yet, but I'd still prefer not to use a blog as backup for an argument.

But yes, TPM's Josh Marshall is a journalist, as well as a blogger, and he does do real reporting.

classicman 06-05-2011 12:48 AM

The Gitmo no one talks about
 
Interesting article and I must admit that I am very surprised where I read it.

Quote:

Not only has Obama not closed Guantanamo, he has also vastly expanded a similar prison in Afghanistan

President Obama has presided over a threefold increase in the number of detainees being held at the controversial military detention center at Bagram Air Base, the Afghan cousin of the notorious prison at the Guantanamo Bay Naval Base in Cuba. It's the latest piece of news that almost certainly would be getting more attention -- especially from Democrats -- if George W. Bush were still president.

There are currently more than 1,700 detainees at Bagram, up from over 600 at the end of the Bush administration.

The situation at Bagram, especially the legal process that determines whether detainees are released, is the subject of a new report by Human Rights First. It finds that the current system of hearings for detainees "falls short of the requirements of international law" because they are not given "an adequate opportunity to defend themselves against charges that they are collaborating with insurgents and present a threat to U.S. forces." Human Rights First also argues that cases of unjustified imprisonment are damaging the broader war effort by undermining Afghans' trust in the military
more here

Spexxvet 06-07-2011 10:01 AM

I'm against indefinite detention, but I'm not sure what the limit should be, so they should be detained until I decide what the finite length should be.:dunce:

classicman 12-08-2011 11:06 PM

Here we go again. But this time we have shiny new name aren't you :)




Amazing how he condemns in the one and yet does EXACTLY the same thing.

Wow.

regular.joe 12-09-2011 12:47 AM

You know what kind of worries me a little, we are setting the bar for other countries and non nation players to treat us if captured.

Undertoad 12-09-2011 05:47 AM

Clip is from May 2009 and HM linked to it in post #26

infinite monkey 12-09-2011 08:28 AM

Well, it's an indefinite video.

classicman 12-09-2011 12:06 PM

Quote:

Originally Posted by Undertoad (Post 778967)
Clip is from May 2009...

I thought it again apropos as the Senate voted Tuesday to keep the provision.
Quote:

"The enemy is all over the world. Here at home.
And when people take up arms against the United States and captured within the United States,
why should we not be able to use our military and intelligence community to question
that person as to what they know about enemy activity?"
"They should not be read their Miranda Rights.
They should not be given a lawyer," Sen. Lindsey Graham (R)said.
"They should be held humanely in military custody and interrogated about why they joined al Qaeda and what they were going to do to all of us."
WTF.

classicman 12-09-2011 12:39 PM

Here is how the vote broke down.
Link

classicman 12-09-2011 12:41 PM

Quote:

...captured within the United States,
"They should not be read their Miranda Rights.
They should not be given a lawyer," Sen. Lindsey Graham (R)said.

Are you OK with this Lamp?

TheMercenary 12-09-2011 02:28 PM

I really think it is just a battle between Congress trying to maintain control over the disposition of terrorists, where ever they are captured, and the Executive branch wanting to have exclusive rights to what happens to them. The old military vs. law enforcement argument. Just a guess. Anyway it still has to go to Committee to be reconciled.


All times are GMT -5. The time now is 11:07 PM.

Powered by: vBulletin Version 3.8.1
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.