Tuesday, May 19, 2009 - 6:34 PM
This afternoon, the Senate Democrats blocked the $80 million the Obama administration requested to close the Guantanamo Bay detention center and relocate the people imprisoned there. The New York Times explains:
Mr. Obama, who on Thursday is scheduled to outline his plans for the 240 detainees still held in the prison, has faced growing pressure from lawmakers, particularly Republicans, to find a solution that does not involve moving the prisoners to the United States.
While Democrats generally have been supportive of Mr. Obama's plan to close the detention center by Jan. 22, 2010, lawmakers have not stepped forward to offer to accept detainees in their home states or districts. When the tiny town of Hardin, Mont., offered to put the terrorism suspects in the town's empty jail, both Montana senators and its Congressional representative quickly voiced strong opposition.
This might be a good thing.
Why? Senators have a clear reason to withhold the funding. As members of Congress, they answer to their home districts -- and the detainees pose the ultimate case of NIMBY. Some are arguing that the detainees are highly dangerous and the Obama administration hasn't proven it can keep Americans safe. (I'm not so sure. If there's one thing the U.S. does well, it's incarceration.) The NYT again:
Senate Democratic leaders insisted that they still supported the decision to close the prison, were simply waiting for Mr. Obama to provide a more detailed plan, and had acted to avert a partisan feud that would only serve as a distraction and delay a military spending measure, which is needed to finance the wars in Iraq and Afghanistan and some other national security programs through Sept. 30. Mr. Obama had requested the $80 million be included in that bill.
The White House press secretary, Robert Gibbs, indicated that the administration expected that Congress would eventually release the money to close the camp and he suggested that the concerns of lawmakers would be addressed on Thursday, when Mr. Obama presents a "hefty part" of his plan to deal with the detainees.
And I think, perhaps, the Senate might not be acting as a block to the Obama administration as much as an aide to its ambitions. It hasn't yet figured out where to send the Gitmo prisoners, or how to try them, or whether to repatriate them. That's going to take time. (The Thursday announcement will be particularly interesting now.)
If the Senate Democrats withhold this funding, the Obama administration gets to scapegoat Congress for any future delays, while also getting to figure out the best way to proceed -- the best way to ensure U.S. safety, use U.S. resources, and deal with this enormously complex problem.
relocating prisoners from Guantanamo Bay
Crawford, Texas seems like a good place to start.
How about giving them (civilian) trials, finding out if they've broken any laws, and then setting them free if they're innocent by sending them back to their home countries? The guilty could languish in a federal prison for a while.
I'm guessing that there's very little good, admissible evidence against the majority of them anyway.
Transferring the detainees to Crawford would violate the prohibitions contained in the Eighth Amendment forbidding cruel and unusual punishment.
I would argue that the detainees should be transferred to an allied nation with the understanding that the detainees should be tried before the International Criminal Court in the Hague.
As combatants involved in conflicts involving multinational forces the detainees could in theory be brought before the ICC by one of the participating nations who are states parties to the court for violations of international law.
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