Wednesday
Jul162008
America’s legal system reviewed in light of Guantanamo
The Senate Judiciary Committee held a hearing today about how the Bush Administration’s railed detainee policies have hurt the fight against terrorism. The witnesses discussed the lower credibility of the United States' action in Guantanamo Bay from a legal perspective.
Colonel Will Gunn, retired chief defense council for the Department of Defense office of military commissions, said that the government has taken several actions with respect to detainee policy in the post 9/11 era that have significantly “eroded this nation’s standing in terms of respect for human rights.” Gunn outlined several factors that show how the United States has done this through hiding prisoners, coercive interrogations, and an overall policy shift on Geneva Conventions.
“The system I encountered had several drawbacks which generated controversy, diminished the U.S.’s prestige at home and abroad, and fueled widespread perceptions that the system was unfair,” Gunn said. While some of the problems have been addressed by the Supreme Court, many still remain. Gunn recommended using the court martial system an federal courts to dispose of the cases of detainees that should be tried in a court of law.
David Rivkin, partner in the law firm Baker and Hostetler LLP, supported the Bush Administration’s actions in Guantanamo. He said that although members of Congress have “decried the detainee’s fate” at Guantanamo, few have offered suitable alternatives for the prisoners, so they must be keep there.
The individuals who crafted the policy in Guantanamo and the different legal aspects of the “war on terror” viewed the constitution as an obstacle and viewed the checks and balances of the U.S. government unnecessary, said Kate Martin, director of the Center for National Security Studies. Martin said in order to restore America’s standing as an example of just law, it must reinstall due process of law and the right of habeas corpus for the detainees at Guantanamo.
Colonel Will Gunn, retired chief defense council for the Department of Defense office of military commissions, said that the government has taken several actions with respect to detainee policy in the post 9/11 era that have significantly “eroded this nation’s standing in terms of respect for human rights.” Gunn outlined several factors that show how the United States has done this through hiding prisoners, coercive interrogations, and an overall policy shift on Geneva Conventions.
“The system I encountered had several drawbacks which generated controversy, diminished the U.S.’s prestige at home and abroad, and fueled widespread perceptions that the system was unfair,” Gunn said. While some of the problems have been addressed by the Supreme Court, many still remain. Gunn recommended using the court martial system an federal courts to dispose of the cases of detainees that should be tried in a court of law.
David Rivkin, partner in the law firm Baker and Hostetler LLP, supported the Bush Administration’s actions in Guantanamo. He said that although members of Congress have “decried the detainee’s fate” at Guantanamo, few have offered suitable alternatives for the prisoners, so they must be keep there.
The individuals who crafted the policy in Guantanamo and the different legal aspects of the “war on terror” viewed the constitution as an obstacle and viewed the checks and balances of the U.S. government unnecessary, said Kate Martin, director of the Center for National Security Studies. Martin said in order to restore America’s standing as an example of just law, it must reinstall due process of law and the right of habeas corpus for the detainees at Guantanamo.
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Bush, Guantanamo, law, prisoners, torture in Congress, News/Commentary
Bush, Guantanamo, law, prisoners, torture in Congress, News/Commentary
GOP Wants More Time For Gitmo
It was a day of confrontation for Senate Republicans today as more members of the GOP decided not to back President Obama on his decision to close the Guantanamo Bay detention facility.
Sen. Sam Brownback (R-Kan.) and Sen. John Barrasso (R-Wyo.) recently returned from a visit to the Cuba-based facility.
Both agreed that the detention center is the best solution for the allocation of the Guantanamo prisoners, at least for the moment.
“It is a remarkable facility, it really seems to be the perfect facility for these detainees,” Barrasso said. “The facility that they have there is remarkably equipped, it is safe, it is secure, there has been no escape from that area and the treatment these detainees are receiving was surprising to me because it is so good.”
In terms of Human Rights, Barrasso argued that the medical treatment in the prison is “Health care at the level that you’d want for the people of this country.”
Calling to all Republicans, Brownback said “ I think it’s important for us to send a signal and hopeful that we get an affirmative vote in the Senate not to have detainees to the U.S. and I think we should have that vote and do it on the supplemental this week.”
Additionally, Barrasso warned that “I would challenge the President to go to Guantanamo Bay. Look at this facility before you make your final decisions and determinations, I think you should take a look at this
facility.”
“When you say I want to close it if you choose to still do that, I recommend that you have a specific plan before coming to the senate and this specific plan should say what you want to do with the detainees, but it shouldn't be bring them to the U.S.,"said Barrosso in his message to President Obama.