We’re discovering the worst of Bush in Barack Obama

Hearings are under way in the United States Senate to assess what to do with the 240 detainees still behind bars at Guantanamo Bay, and what will become of the military tribunals and detention without trial that the Bush administration and a compliant Congress put into place. The US Congress is also debating what will happen to the detention camp itself, which was established in 2002 to house men who were allegedly “the worst of the worst,” in a setting deliberately framed by Bush attorneys as “legal outer space.”

According to Wells Dixon, a lawyer at the Center for Constitutional Rights who represents some of the detainees, the Obama administration cannot risk calling the torture practices crimes, so it calls them “classified sources and methods” that cannot be revealed in court. “I can’t even tell you about the way my clients were tortured or I will be prosecuted,” he says. In fact, even the explanation of why this material is classified cannot be reproduced, because it is privileged. Nor has the access of lawyers to their Guantanamo clients improved under Obama. “We are subject in all detainee cases to a protective order,” Dixon says. “Under this order, everything the detainee says is classified,” unless the Defense Department’s “Privilege Team” decides otherwise. Dixon then told me a revealing story about one of his clients, Majid Khan, a so-called “high-value detainee” who was held for three years in CIA “black sites.” Khan was tortured, Dixon said, though “the government would say that what happened to him is an ‘intelligence source or method.’”

Because Dixon has a security clearance, he cannot discuss those classified “sources and methods.” On the other hand, Dixon continued, “When the government does something to [Khan] that they say is classified, they have disclosed to him classified information. But since he doesn’t have a security clearance, there is nothing that prevents him, unlike me, from saying to the outside world, ‘This is what they did to me.’ Nothing prevents that – except for the fact that he is physically in custody.”’ The “logical conclusion,” according to Dixon, is that Khan “must be detained for the rest of his life – regardless of whether he is ever charged with a crime – because if he was ever released, nothing would prevent him from disclosing this information.

Majid Khan – and there are many more like him – is a classic product of the Bush administration’s disregard for the fundamental principles of the rule of law. Unfortunately, Obama’s administration, for all its lofty rhetoric, appears too willing to perpetuate it.

Source: The Daily Star

Obama Lauds Rights but Advances Disturbing Proposal for Guantanamo Detainees

US President Barack Obama delivered an eloquent defense of the national security reasons for respecting human rights in fighting terrorism, but his proposal to continue detaining terrorism suspects without trial ran counter to the principles he endorsed, Human Rights Watch said today. Obama also undercut his principles by insisting that military commissions could be a fair and credible means of administering justice.

Obama reiterated his decision to close the prison at Guantanamo, rightly emphasizing that US national security is strengthened when US actions are consistent with the country's most fundamental values. Facing growing congressional pressure to back down from the closure plan, Obama stood firm in his promise to "clean up the mess at Guantanamo" by finding alternative solutions for the detainees held there. However, his proposal to create a legal framework for prolonged detention without trial undermines the rule of law.

Obama also further discussed his decision to block the release of photos depicting the abuse of detainees in US custody in Iraq and Afghanistan, a decision that Human Rights Watch opposed. Obama claimed that the perpetrators of the abuses in those photos had "been investigated and held accountable," but those investigations focused solely on low-level personnel and ignored the senior officials who formulated abusive policies. While his concern about protecting US military personnel in Iraq and Afghanistan is legitimate, Obama should be aware that the real danger comes not from the further proof that abuse happened but from the widespread sense that the officials responsible for planning and authorizing abuses have not been held accountable.

Another important element of Obama's speech was his promise to launch a review of US classification policies and use of the "state secrets" privilege.

Source: Mail & Guardian

Guantanamo detainee move blocked

The US Senate has overwhelmingly rejected plans to transfer detainees out of Guantanamo Bay, and refused funding to close down the prison camp.

Senators voted by 90-6 to block the transfer of 240 inmates, also stalling a request for $80m (£51m).

Correspondents say it is a rebuke to President Barack Obama's plans to close down the camp by January 2010.

Source: BBC

The change Obama could bring

The US presidential hopeful is a great improvement on the current leadership, but just how progressive he might be remains to be seen.

Source: Mail & Guardian