Obama, Congress Clash Over Guantanamo

Congress has made it very clear that, despite President Obama’s intentions, the prison at Guantanamo Bay will not be closed, nor will prisoners ever transfer to American soil. But that doesn’t mean President Obama is backing down. Nor should he.

Shortly after signing the defense authorization act, President Obama issued a signing statement attacking the provisions in the bill that ban the transfer of Guantanamo Bay detainees “a dangerous and unprecedented challenge to critical executive branch authority.” The provisions prohibit transfer of detainees for any reason, including trial.

President Obama promised to work to repeal the provisions and “mitigate their effects.”

The signing statement is mostly a symbolic measure because unlike former President George W. Bush who used signing statements to void parts of laws he didn’t like, President Obama has said he intends to follow the law until it is repealed.

In the meantime though the president is pushing ahead with his intent to close the facility, calling the closure a “national security imperative.”

And it is. So long as the facility remains open, and so long as Republicans refuse to allow our criminal courts the ability to do their jobs and bring the criminals held at Guantanamo Bay to justice, any talk of American justice and democracy remains a farce. And similar to the repeal of Don’t Ask Don’t Tell, closing the facility will be a long and politically thorny process. So far the president has struck the right tone in his approach, especially considering the fact that congressional Republicans refuse to back away from policy positions universally condemned as violative of human rights and international law. But soon enough we will have to either rid the world of this abomination or be willing to face international condemnation for our failure to do so.

Read more: article iii, congress, detainees, guantanamo, obama, politics, transfer, trial

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Past Member .

9:57PM PST on Jan 21, 2011

well..before we go blaming the gop...let's consider that obie had two years with a democratic congress...so why didn't he do it then if this was what he really wanted? or could it be that this is just another political chit to be played in the game of world domination??? i wonder why.....

send a green star

Ernest R.

8:22PM PST on Jan 12, 2011

Sound Mind, another one. God save the United States.from these 'patriots'.

Gary A.

2:45PM PST on Jan 12, 2011

Michael M said: "Tell me why Obama didn't change it when the dem's had control of the house?"

The answer is so simple I'm sure even you are aware of it. The Republicans employed slimy tactics to stop Democrats from getting it done. Your pals are roadblocks. They'd rather see America fall apart than take the chance that Democrats would get the credit for fixing it.

2:42PM PST on Jan 12, 2011

A close relative served a tour as a Guantanamo guard. He came home diagnosed with PTSD. He witnessed ill treatment of the detainees...mostly by CIA and NSA interrogators, but also by some of his fellow military police guards. AS he is an honorable, empathetic man, and could do nothing to protect the mistreated, he became severely stressed. When he protested the harsh treatment of prisoners, he was sent home.

Ronald E.

1:00PM PST on Jan 12, 2011

Who wants the terrorists to be coddled? Keep them out of the states.

12:48PM PST on Jan 12, 2011

Kute Kenny. You are the evidence that for any tyrannical organization, whether the Communists, the Nazi movement the KKK or any even more vicious outfit, there are always callous psychopaths like yourself waiting in the wings for the fun chance to kill maim or torture any suspect wanted eliminated without silly and unnecessary trials. .Calling them ‘animals’ works if you think it is fun to torture animals who ”can’t feel anything anyway”. Disgusting..

12:46PM PST on Jan 12, 2011

Christa H.

12:33PM PST on Jan 12, 2011

I suspect that many of those prisoners were in the wrong place at the wrong time. We just wanted to look like we were doing something. When and if thhey ever come out alive, they will be our enemies for the rest of their lives even if they had liked us to begin with. This is not how you bring demeocracy to the worl, nor win friends.If only these "Christians" would understand the teachings of Jesus rather than be "saved".

Nance N.

11:48AM PST on Jan 12, 2011

Interesting article.

Fred U.

10:30AM PST on Jan 12, 2011

Sell it back to Cuba and let them worry about it. No, give it back (free of charge)