Gitmo Closure Executive Order, more than meets the eye.

Fulfilling his campaign promises, Obama in his first series of executive orders has effectively shut down Guantanamo Detention Facility, ensured “lawful” interrogation of detainees, and brought into question the status of the detainees currently housed at Gitmo. However, upon analysis of the legal language within these very orders, you get quite a different picture.

For the longest time I have personally tried to understand the psyche of Obama, the moniker of socialist, black liberation theology aficionado, or even to some degree, hyper-liberal, never fit. His description in my own mind, always started with self-serving, opportunistic, ________, the last word to fit that description I could never find, until today. It is, “lawyer.” His chosen profession is what has allowed the former heir apparent, and now boy king, to navigate through the cesspool that is Chi-Town politics and ascend to the position of POTUS, un-mired, unquestioned, and most of all, unknown.

His very first Executive order was his greatest victory, for himself, and those on the far Left fringe whom he used to attain his current position. However, upon further exploration of the legal speak in his orders you might find a different story, altogether.

From Whitehouse.gov,

EXECUTIVE ORDER -- REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE OF DETENTION FACILITIES


By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice.


But the fairy tale changes when you get to Section 2 Findings, Subparagrah (c.) and continues from there.


The individuals currently detained at Guantánamo have the constitutional “privilege” of the writ of habeas corpus.


Why is this important? The word privilege is what determines the meaning of this whole sentence. If it was replaced by the word “right” it would succinctly guarantee the detainees trial by jury, no ifs, ands, or buts, about it.

Using the example of driving, it is not a right, it is a privilege allowed to you based on the fact that you have fulfilled certain qualifications to be eligible to participate. Nevertheless, it can be revoked at anytime if you do not comply with certain rules that govern the conduct of driving. This gives the administration great maneuvering power and latitude when it comes to defining the status of the detainees, whether they are characterized as enemy combatants or federal criminals.

Section. 4. Immediate Review of All Guantánamo Detentions, Subparagraph (c.) Operation of Review. The duties of the Review participants shall include the following:

Section 5 states,

(5) Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guantánamo to facilities within the United States, and the Review participants shall work with the Congress on any legislation that may be appropriate.

Sec. 5. Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order.


In other words, the ones whose status cannot be determined become someone else’s problem. If this can even be negotiated, however, there is a flaw in this logic. Please note, this example has nothing to do with the Obama administration and is showing of what the action of releasing these “people” to other countries could incur.

Report: Ex-Gitmo detainee joins al-Qaida in Yemen

Next is the Section 7 as it applies to Military Commissions,

Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are “halted.”


Halt, meaning the “temporary” or “permanent” stoppage of an operation. Again, legal ambiguity, leaving room for maneuvering, while playing a dangerous game with national security and the well being of the people of the United States. However, not the clear cut victory the Left was hoping for. On the flipside, not the status quo of President Bush’s policies that the Right was garnering, either. What are we left with? Legal speak trying to mask confusion.

America, because you wanted change you could believe in so bad, we have a lawyer in the White House, not a leader. Good luck, we are going to need it.

Please, feel free to leave some commentary at the bottom of the page. We appreciate your thoughts.



2 comments :

pundette said...

I thought this statement was absolutely brilliant:

"For the longest time I have personally tried to understand the psyche of Obama, the moniker of socialist, black liberation theology aficionado, or even to some degree, hyper-liberal, never fit. His description in my own mind, always started with self-serving, opportunistic, ________, the last word to fit that description I could never find, until today. It is, “lawyer.”"

I've been trying to understand O also, and this may just be the key. I've quoted you on my sidebar.

BTW, I'm sorry for all those links to P&P attached at the bottom of your post. I'm not doing it on purpose. See my blog for a note on this.

Love the look and functionality of the new design, and thanks for the blog site links. I'm going to check them out.

Jill

Critical Thinker said...

Jill there is no need to apologize about the links. And I appreciate your response about that statement. I actually feel kind of stupid. The obvious has been starring me in the face, for the better part of two years, and I am now just catching on.

Also I appreciate your feedback on the the blog and I hope those two sites help, they are very informative.

 

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