As the years go by I find myself ever more bewildered by the country I’ve lived in nearly all my life. I simply don’t understand why people are doing and saying the things they are. Take Guantanamo (please ba-dum-bump). The president can close Guantanamo any time he cares to by executive order. He can pardon all of its present inmates and order that they be returned to their home countries.
That would, of course, have consequences. So does leaving Guantanamo in operation. I didn’t run for president on closing Guantanamo—Barack Obama did. Now he doesn’t like the implications of closing it. A bit late. And he keeps repeating it.
As I’ve said before, President Obama’s problem in closing Guantanamo is identical to the problem that President Bush had and has been the cardinal problem with the place since it was first used for warehousing prisoners in the War on Terror: they don’t know what else to do.
The other cardinal problem is that it’s not Guantanamo that’s the problem at all. The problem is indefinite incarceration.
Dave,
The President cannot close Gitmo through EO, current law forbids it. in particular, it forbids the spending of any federal money to close the facility or to transfer inmates to the US. The vote on that in the house and senate were veto proof. I’ll look it up later, but well over 90 Senators voted for the amendment which was, IIRC, attached to a war funding bill. That’s why the President specifically said in his recent speech that congress would have to change that law.
If the President issued such an EO he’d be treading into Iran Contra territory by defying Congress and a law which he signed.
Under the Constitution he has the power to grant pardons. Pardoning the prisoners would have the effect of closing the prison even if it were to remain open technically.
I can understand arguments that Guantanamo should not be closed or that the president wants political cover for doing so. I think that declaiming that it should be closed and then not doing so or, in fact, doing much about it is sophistry.
About half the detainees are not charged with anything and are considered innocent of criminal activity nor are they considered to be illegal combatants. They don’t need pardons. Theoretically, they can be released right now, but again, Congress has put in several restrictions that, when combined with geopolitical reality, make this practically impossible. The administration released all the ones that can be under current law. However, the remainder are subject to one or more of these factors:
1. No detainee may be transferred to the US (It’s illegal and funding is specifically prohibited for this activity).
2. No detainee may be transferred to any country where they might be tortured (again, it’s illegal)
3. No detainee may be transferred unless a the US government pledges that the detainee will never take up arms against the US (such a pledge is not reasonably possible and many of the detainees are, understandably, very hostile to the US.).
4. There is no country willing to accept the detainee.
A large number of detainees fall into that last category. What to do about them?
This isn’t a problem that can be solved with executive orders or pardons. I wish that were the case, but it’s not that simple.
That maybe the case, but it does not negate the fact the President Obama is a liar. He lied about closing Guantanamo. It is that simple.
I’m shocked, shocked to find that gambling is going on in here!