Obama’s loooong and very impressive speech on protecting our security and values is below the fold. I have read it just once and I need some time to ruminate on it. I still have several concerns but long-time readers here know that I have long said that there will be a handful of cases where detainees will simply not be prosecuted or released. I know that this does violence to our Laws. I am very worried about how this is done. I am also concerned about the use of Military Commissions that allow some hearsay evidence. I do not agree with the president that we do not need an independent commission to go over the treatment of detainees.
Yet, it is a very impressive speech that forcefully condemns his predecessors and calls on all of our better angels. The man is a once-in-a-generation politician and we’re fortunate that he is making these difficult decisions. He is getting some of this wrong, in my opinion, but his reasoning is thoughtful and sincere. I can’t ask for a whole lot more.
Remarks of President Barack Obama – As Prepared for Delivery
Protecting Our Security and Our Values
National Archives Museum
Washington, D.C.
May 21, 2009
These are extraordinary times for our country. We are confronting an historic economic crisis. We are fighting two wars. We face a range of challenges that will define the way that Americans will live in the 21st century. There is no shortage of work to be done, or responsibilities to bear.
And we have begun to make progress. Just this week, we have taken steps to protect American consumers and homeowners, and to reform our system of government contracting so that we better protect our people while spending our money more wisely. The engines of our economy are slowly beginning to turn, and we are working toward historic reform of health care and energy. I welcome the hard work that has been done by the Congress on these and other issues.
In the midst of all these challenges, however, my single most important responsibility as President is to keep the American people safe. That is the first thing that I think about when I wake up in the morning. It is the last thing that I think about when I go to sleep at night.
This responsibility is only magnified in an era when an extremist ideology threatens our people, and technology gives a handful of terrorists the potential to do us great harm. We are less than eight years removed from the deadliest attack on American soil in our history. We know that al Qaeda is actively planning to attack us again. We know that this threat will be with us for a long time, and that we must use all elements of our power to defeat it.
Already, we have taken several steps to achieve that goal. For the first time since 2002, we are providing the necessary resources and strategic direction to take the fight to the extremists who attacked us on 9/11 in Afghanistan and Pakistan. We are investing in the 21st century military and intelligence capabilities that will allow us to stay one step ahead of a nimble enemy. We have re-energized a global non-proliferation regime to deny the world’s most dangerous people access to the world’s deadliest weapons, and launched an effort to secure all loose nuclear materials within four years. We are better protecting our border, and increasing our preparedness for any future attack or natural disaster. We are building new partnerships around the world to disrupt, dismantle, and defeat al Qaeda and its affiliates. And we have renewed American diplomacy so that we once again have the strength and standing to truly lead the world.
These steps are all critical to keeping America secure. But I believe with every fiber of my being that in the long run we also cannot keep this country safe unless we enlist the power of our most fundamental values. The documents that we hold in this very hall – the Declaration of Independence, the Constitution, the Bill of Rights –are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality and dignity in the world.
I stand here today as someone whose own life was made possible by these documents. My father came to our shores in search of the promise that they offered. My mother made me rise before dawn to learn of their truth when I lived as a child in a foreign land. My own American journey was paved by generations of citizens who gave meaning to those simple words – “to form a more perfect union.” I have studied the Constitution as a student; I have taught it as a teacher; I have been bound by it as a lawyer and legislator. I took an oath to preserve, protect and defend the Constitution as Commander-in-Chief, and as a citizen, I know that we must never – ever – turn our back on its enduring principles for expedience sake.
I make this claim not simply as a matter of idealism. We uphold our most cherished values not only because doing so is right, but because it strengthens our country and keeps us safe. Time and again, our values have been our best national security asset – in war and peace; in times of ease and in eras of upheaval.
Fidelity to our values is the reason why the United States of America grew from a small string of colonies under the writ of an empire to the strongest nation in the world.
It is the reason why enemy soldiers have surrendered to us in battle, knowing they’d receive better treatment from America’s armed forces than from their own government.
It is the reason why America has benefited from strong alliances that amplified our power, and drawn a sharp and moral contrast with our adversaries.
It is the reason why we’ve been able to overpower the iron fist of fascism, outlast the iron curtain of communism, and enlist free nations and free people everywhere in common cause and common effort.
From Europe to the Pacific, we have been a nation that has shut down torture chambers and replaced tyranny with the rule of law. That is who we are. And where terrorists offer only the injustice of disorder and destruction, America must demonstrate that our values and institutions are more resilient than a hateful ideology.
After 9/11, we knew that we had entered a new era – that enemies who did not abide by any law of war would present new challenges to our application of the law; that our government would need new tools to protect the American people, and that these tools would have to allow us to prevent attacks instead of simply prosecuting those who try to carry them out.
Unfortunately, faced with an uncertain threat, our government made a series of hasty decisions. And I believe that those decisions were motivated by a sincere desire to protect the American people. But I also believe that – too often – our government made decisions based upon fear rather than foresight, and all too often trimmed facts and evidence to fit ideological predispositions. Instead of strategically applying our power and our principles, we too often set those principles aside as luxuries that we could no longer afford. And in this season of fear, too many of us – Democrats and Republicans; politicians, journalists and citizens – fell silent.
In other words, we went off course. And this is not my assessment alone. It was an assessment that was shared by the American people, who nominated candidates for President from both major parties who, despite our many differences, called for a new approach – one that rejected torture, and recognized the imperative of closing the prison at Guantanamo Bay.
Now let me be clear: we are indeed at war with al Qaeda and its affiliates. We do need to update our institutions to deal with this threat. But we must do so with an abiding confidence in the rule of law and due process; in checks and balances and accountability. For reasons that I will explain, the decisions that were made over the last eight years established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable – a framework that failed to rely on our legal traditions and time-tested institutions; that failed to use our values as a compass. And that is why I took several steps upon taking office to better protect the American people.
First, I banned the use of so-called enhanced interrogation techniques by the United States of America.
I know some have argued that brutal methods like water-boarding were necessary to keep us safe. I could not disagree more. As Commander-in-Chief, I see the intelligence, I bear responsibility for keeping this country safe, and I reject the assertion that these are the most effective means of interrogation. What’s more, they undermine the rule of law. They alienate us in the world. They serve as a recruitment tool for terrorists, and increase the will of our enemies to fight us, while decreasing the will of others to work with America. They risk the lives of our troops by making it less likely that others will surrender to them in battle, and more likely that Americans will be mistreated if they are captured. In short, they did not advance our war and counter-terrorism efforts – they undermined them, and that is why I ended them once and for all.
The arguments against these techniques did not originate from my Administration. As Senator McCain once said, torture “serves as a great propaganda tool for those who recruit people to fight against us.” And even under President Bush, there was recognition among members of his Administration – including a Secretary of State, other senior officials, and many in the military and intelligence community – that those who argued for these tactics were on the wrong side of the debate, and the wrong side of history. We must leave these methods where they belong – in the past. They are not who we are. They are not America.
The second decision that I made was to order the closing of the prison camp at Guantanamo Bay.
For over seven years, we have detained hundreds of people at Guantanamo. During that time, the system of Military Commissions at Guantanamo succeeded in convicting a grand total of three suspected terrorists. Let me repeat that: three convictions in over seven years. Instead of bringing terrorists to justice, efforts at prosecution met setbacks, cases lingered on, and in 2006 the Supreme Court invalidated the entire system. Meanwhile, over five hundred and twenty-five detainees were released from Guantanamo under the Bush Administration. Let me repeat that: two-thirds of the detainees were released before I took office and ordered the closure of Guantanamo.
There is also no question that Guantanamo set back the moral authority that is America’s strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. Indeed, part of the rationale for establishing Guantanamo in the first place was the misplaced notion that a prison there would be beyond the law – a proposition that the Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter-terrorism, Guantanamo became a symbol that helped al Qaeda recruit terrorists to its cause. Indeed, the existence of Guantanamo likely created more terrorists around the world than it ever detained.
So the record is clear: rather than keep us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. It sets back the willingness of our allies to work with us in fighting an enemy that operates in scores of countries. By any measure, the costs of keeping it open far exceed the complications involved in closing it. That is why I argued that it should be closed throughout my campaign. And that is why I ordered it closed within one year.
The third decision that I made was to order a review of all the pending cases at Guantanamo.
I knew when I ordered Guantanamo closed that it would be difficult and complex. There are 240 people there who have now spent years in legal limbo. In dealing with this situation, we do not have the luxury of starting from scratch. We are cleaning up something that is – quite simply – a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant basis, and that consumes the time of government officials whose time should be spent on better protecting our country.
Indeed, the legal challenges that have sparked so much debate in recent weeks in Washington would be taking place whether or not I decided to close Guantanamo. For example, the court order to release seventeen Uighur detainees took place last fall – when George Bush was President. The Supreme Court that invalidated the system of prosecution at Guantanamo in 2006 was overwhelmingly appointed by Republican Presidents. In other words, the problem of what to do with Guantanamo detainees was not caused by my decision to close the facility; the problem exists because of the decision to open Guantanamo in the first place.
There are no neat or easy answers here. But I can tell you that the wrong answer is to pretend like this problem will go away if we maintain an unsustainable status quo. As President, I refuse to allow this problem to fester. Our security interests won’t permit it. Our courts won’t allow it. And neither should our conscience.
Now, over the last several weeks, we have seen a return of the politicization of these issues that have characterized the last several years. I understand that these problems arouse passions and concerns. They should. We are confronting some of the most complicated questions that a democracy can face. But I have no interest in spending our time re-litigating the policies of the last eight years. I want to solve these problems, and I want to solve them together as Americans.
And we will be ill-served by some of the fear-mongering that emerges whenever we discuss this issue. Listening to the recent debate, I’ve heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country. So I want to take this opportunity to lay out what we are doing, and how we intend to resolve these outstanding issues. I will explain how each action that we are taking will help build a framework that protects both the American people and the values that we hold dear. And I will focus on two broad areas: first, issues relating to Guantanamo and our detention policy; second, issues relating to security and transparency.
Let me begin by disposing of one argument as plainly as I can: we are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders – highly secure prisons that ensure the public safety. As we make these decisions, bear in mind the following fact: nobody has ever escaped from one of our federal “supermax” prisons, which hold hundreds of convicted terrorists. As Senator Lindsey Graham said: “The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational.”
We are currently in the process of reviewing each of the detainee cases at Guantanamo to determine the appropriate policy for dealing with them. As we do so, we are acutely aware that under the last Administration, detainees were released only to return to the battlefield. That is why we are doing away with the poorly planned, haphazard approach that let those detainees go in the past. Instead, we are treating these cases with the care and attention that the law requires and our security demands. Going forward, these cases will fall into five distinct categories.
First, when feasible, we will try those who have violated American criminal laws in federal courts – courts provided for by the United States Constitution. Some have derided our federal courts as incapable of handling the trials of terrorists. They are wrong. Our courts and juries of our citizens are tough enough to convict terrorists, and the record makes that clear. Ramzi Yousef tried to blow up the World Trade Center – he was convicted in our courts, and is serving a life sentence in U.S. prison. Zaccarias Moussaoui has been identified as the 20th 9/11 hijacker – he was convicted in our courts, and he too is serving a life sentence in prison. If we can try those terrorists in our courts and hold them in our prisons, then we can do the same with detainees from Guantanamo.
Recently, we prosecuted and received a guilty plea from a detainee – al-Marri – in federal court after years of legal confusion. We are preparing to transfer another detainee to the Southern District of New York, where he will face trial on charges related to the 1998 bombings of our embassies in Kenya and Tanzania – bombings that killed over 200 people. Preventing this detainee from coming to our shores would prevent his trial and conviction. And after over a decade, it is time to finally see that justice is served, and that is what we intend to do.
The second category of cases involves detainees who violate the laws of war and are best tried through Military Commissions. Military commissions have a history in the United States dating back to George Washington and the Revolutionary War. They are an appropriate venue for trying detainees for violations of the laws of war. They allow for the protection of sensitive sources and methods of intelligence-gathering; for the safety and security of participants; and for the presentation of evidence gathered from the battlefield that cannot be effectively presented in federal Courts.
Now, some have suggested that this represents a reversal on my part. They are wrong. In 2006, I did strongly oppose legislation proposed by the Bush Administration and passed by the Congress because it failed to establish a legitimate legal framework, with the kind of meaningful due process and rights for the accused that could stand up on appeal. I did, however, support the use of military commissions to try detainees, provided there were several reforms. And those are the reforms that we are making.
Instead of using the flawed Commissions of the last seven years, my Administration is bringing our Commissions in line with the rule of law. The rule will no longer permit us to use as evidence statements that have been obtained using cruel, inhuman, or degrading interrogation methods. We will no longer place the burden to prove that hearsay is unreliable on the opponent of the hearsay. And we will give detainees greater latitude in selecting their own counsel, and more protections if they refuse to testify. These reforms – among others – will make our Military Commissions a more credible and effective means of administering justice, and I will work with Congress and legal authorities across the political spectrum on legislation to ensure that these Commissions are fair, legitimate, and effective.
The third category of detainees includes those who we have been ordered released by the courts. Let me repeat what I said earlier: this has absolutely nothing to do with my decision to close Guantanamo. It has to do with the rule of law. The courts have found that there is no legitimate reason to hold twenty-one of the people currently held at Guantanamo. Twenty of these findings took place before I came into office. The United States is a nation of laws, and we must abide by these rulings.
The fourth category of cases involves detainees who we have determined can be transferred safely to another country. So far, our review team has approved fifty detainees for transfer. And my Administration is in ongoing discussions with a number of other countries about the transfer of detainees to their soil for detention and rehabilitation.
Finally, there remains the question of detainees at Guantanamo who cannot be prosecuted yet who pose a clear danger to the American people.
I want to be honest: this is the toughest issue we will face. We are going to exhaust every avenue that we have to prosecute those at Guantanamo who pose a danger to our country. But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States. Examples of that threat include people who have received extensive explosives training at al Qaeda training camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans. These are people who, in effect, remain at war with the United States.
As I said, I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. However, we must recognize that these detention policies cannot be unbounded. That is why my Administration has begun to reshape these standards to ensure they are in line with the rule of law. We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don’t make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.
I know that creating such a system poses unique challenges. Other countries have grappled with this question, and so must we. But I want to be very clear that our goal is to construct a legitimate legal framework for Guantanamo detainees – not to avoid one. In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so going forward, my Administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution.
As our efforts to close Guantanamo move forward, I know that the politics in Congress will be difficult. These issues are fodder for 30-second commercials and direct mail pieces that are designed to frighten. I get it. But if we continue to make decisions from within a climate of fear, we will make more mistakes. And if we refuse to deal with these issues today, then I guarantee you that they will be an albatross around our efforts to combat terrorism in the future. I have confidence that the American people are more interested in doing what is right to protect this country than in political posturing. I am not the only person in this city who swore an oath to uphold the Constitution – so did each and every member of Congress. Together we have a responsibility to enlist our values in the effort to secure our people, and to leave behind the legacy that makes it easier for future Presidents to keep this country safe.
The second set of issues that I want to discuss relates to security and transparency.
National security requires a delicate balance. Our democracy depends upon transparency, but some information must be protected from public disclosure for the sake of our security – for instance, the movements of our troops; our intelligence-gathering; or the information we have about a terrorist organization and its affiliates. In these and other cases, lives are at stake.
Several weeks ago, as part of an ongoing court case, I released memos issued by the previous Administration’s Office of Legal Counsel. I did not do this because I disagreed with the enhanced interrogation techniques that those memos authorized, or because I reject their legal rationale – although I do on both counts. I released the memos because the existence of that approach to interrogation was already widely known, the Bush Administration had acknowledged its existence, and I had already banned those methods. The argument that somehow by releasing those memos, we are providing terrorists with information about how they will be interrogated is unfounded – we will not be interrogating terrorists using that approach, because that approach is now prohibited.
In short, I released these memos because there was no overriding reason to protect them. And the ensuing debate has helped the American people better understand how these interrogation methods came to be authorized and used.
On the other hand, I recently opposed the release of certain photographs that were taken of detainees by U.S. personnel between 2002 and 2004. Individuals who violated standards of behavior in these photos have been investigated and held accountable. There is no debate as to whether what is reflected in those photos is wrong, and nothing has been concealed to absolve perpetrators of crimes. However, it was my judgment – informed by my national security team – that releasing these photos would inflame anti-American opinion, and allow our enemies to paint U.S. troops with a broad, damning and inaccurate brush, endangering them in theaters of war.
In short, there is a clear and compelling reason to not release these particular photos. There are nearly 200,000 Americans who are serving in harm’s way, and I have a solemn responsibility for their safety as Commander-in-Chief. Nothing would be gained by the release of these photos that matters more than the lives of our young men and women serving in harm’s way.
In each of these cases, I had to strike the right balance between transparency and national security. This balance brings with it a precious responsibility. And there is no doubt that the American people have seen this balance tested. In the images from Abu Ghraib and the brutal interrogation techniques made public long before I was President, the American people learned of actions taken in their name that bear no resemblance to the ideals that generations of Americans have fought for. And whether it was the run-up to the Iraq War or the revelation of secret programs, Americans often felt like part of the story had been unnecessarily withheld from them. That causes suspicion to build up. That leads to a thirst for accountability.
I ran for President promising transparency, and I meant what I said. That is why, whenever possible, we will make information available to the American people so that they can make informed judgments and hold us accountable. But I have never argued – and never will – that our most sensitive national security matters should be an open book. I will never abandon – and I will vigorously defend – the necessity of classification to defend our troops at war; to protect sources and methods; and to safeguard confidential actions that keep the American people safe. And so, whenever we cannot release certain information to the public for valid national security reasons, I will insist that there is oversight of my actions – by Congress or by the courts.
We are launching a review of current policies by all of those agencies responsible for the classification of documents to determine where reforms are possible, and to assure that the other branches of government will be in a position to review executive branch decisions on these matters. Because in our system of checks and balances, someone must always watch over the watchers – especially when it comes to sensitive information.
Along those same lines, my Administration is also confronting challenges to what is known as the “State Secrets” privilege. This is a doctrine that allows the government to challenge legal cases involving secret programs. It has been used by many past Presidents – Republican and Democrat – for many decades. And while this principle is absolutely necessary to protect national security, I am concerned that it has been over-used. We must not protect information merely because it reveals the violation of a law or embarrasses the government. That is why my Administration is nearing completion of a thorough review of this practice.
We plan to embrace several principles for reform. We will apply a stricter legal test to material that can be protected under the State Secrets privilege. We will not assert the privilege in court without first following a formal process, including review by a Justice Department committee and the personal approval of the Attorney General. Finally, each year we will voluntarily report to Congress when we have invoked the privilege and why, because there must be proper oversight of our actions.
On all of these matter related to the disclosure of sensitive information, I wish I could say that there is a simple formula. But there is not. These are tough calls involving competing concerns, and they require a surgical approach. But the common thread that runs through all of my decisions is simple: we will safeguard what we must to protect the American people, but we will also ensure the accountability and oversight that is the hallmark of our constitutional system. I will never hide the truth because it is uncomfortable. I will deal with Congress and the courts as co-equal branches of government. I will tell the American people what I know and don’t know, and when I release something publicly or keep something secret, I will tell you why.
In all of the areas that I have discussed today, the policies that I have proposed represent a new direction from the last eight years. To protect the American people and our values, we have banned enhanced interrogation techniques. We are closing the prison at Guantanamo. We are reforming Military Commissions, and we will pursue a new legal regime to detain terrorists. We are declassifying more information and embracing more oversight of our actions, and narrowing our use of the State Secrets privilege. These are dramatic changes that will put our approach to national security on a surer, safer and more sustainable footing, and their implementation will take time.
There is a core principle that we will apply to all of our actions: even as we clean up the mess at Guantanamo, we will constantly re-evaluate our approach, subject our decisions to review from the other branches of government, and seek the strongest and most sustainable legal framework for addressing these issues in the long-term. By doing that, we can leave behind a legacy that outlasts my Administration, and that endures for the next President and the President after that; a legacy that protects the American people, and enjoys broad legitimacy at home and abroad.
That is what I mean when I say that we need to focus on the future. I recognize that many still have a strong desire to focus on the past. When it comes to the actions of the last eight years, some Americans are angry; others want to re-fight debates that have been settled, most clearly at the ballot box in November. And I know that these debates lead directly to a call for a fuller accounting, perhaps through an Independent Commission.
I have opposed the creation of such a Commission because I believe that our existing democratic institutions are strong enough to deliver accountability. The Congress can review abuses of our values, and there are ongoing inquiries by the Congress into matters like enhanced interrogation techniques. The Department of Justice and our courts can work through and punish any violations of our laws.
I understand that it is no secret that there is a tendency in Washington to spend our time pointing fingers at one another. And our media culture feeds the impulses that lead to a good fight. Nothing will contribute more to that than an extended re-litigation of the last eight years. Already, we have seen how that kind of effort only leads those in Washington to different sides laying blame, and can distract us from focusing our time, our effort, and our politics on the challenges of the future.
We see that, above all, in how the recent debate has been obscured by two opposite and absolutist ends. On one side of the spectrum, there are those who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency. On the other end of the spectrum, there are those who embrace a view that can be summarized in two words: “anything goes.” Their arguments suggest that the ends of fighting terrorism can be used to justify any means, and that the President should have blanket authority to do whatever he wants – provided that it is a President with whom they agree.
Both sides may be sincere in their views, but neither side is right. The American people are not absolutist, and they don’t elect us to impose a rigid ideology on our problems. They know that we need not sacrifice our security for our values, nor sacrifice our values for our security, so long as we approach difficult questions with honesty, and care, and a dose of common sense. That, after all, is the unique genius of America. That is the challenge laid down by our Constitution. That has been the source of our strength through the ages. That is what makes the United States of America different as a nation.
I can stand here today, as President of the United States, and say without exception or equivocation that we do not torture, and that we will vigorously protect our people while forging a strong and durable framework that allows us to fight terrorism while abiding by the rule of law. Make no mistake: if we fail to turn the page on the approach that was taken over the past several years, then I will not be able to say that as President. And if we cannot stand for those core values, then we are not keeping faith with the documents that are enshrined in this hall.
The Framers who drafted the Constitution could not have foreseen the challenges that have unfolded over the last two hundred and twenty two years. But our Constitution has endured through secession and civil rights – through World War and Cold War – because it provides a foundation of principles that can be applied pragmatically; it provides a compass that can help us find our way. It hasn’t always been easy. We are an imperfect people. Every now and then, there are those who think that America’s safety and success requires us to walk away from the sacred principles enshrined in this building. We hear such voices today. But the American people have resisted that temptation. And though we have made our share of mistakes and course corrections, we have held fast to the principles that have been the source of our strength, and a beacon to the world.
Now, this generation faces a great test in the specter of terrorism. Unlike the Civil War or World War II, we cannot count on a surrender ceremony to bring this journey to an end. Right now, in distant training camps and in crowded cities, there are people plotting to take American lives. That will be the case a year from now, five years from now, and – in all probability – ten years from now. Neither I nor anyone else can standing here today can say that there will not be another terrorist attack that takes American lives. But I can say with certainty that my Administration – along with our extraordinary troops and the patriotic men and women who defend our national security – will do everything in our power to keep the American people safe. And I do know with certainty that we can defeat al Qaeda. Because the terrorists can only succeed if they swell their ranks and alienate America from our allies, and they will never be able to do that if we stay true to who we are; if we forge tough and durable approaches to fighting terrorism that are anchored in our timeless ideals.
This must be our common purpose. I ran for President because I believe that we cannot solve the challenges of our time unless we solve them together. We will not be safe if we see national security as a wedge that divides America – it can and must be a cause that unites us as one people, as one nation. We have done so before in times that were more perilous than ours. We will do so once again. Thank you, God Bless you, and God bless the United States of America.
“this does violence to our Laws.“
Yes, it does. More importantly it does catastrophic violence to the most fundamental principles of human rights which are far, far more important than the United States or its laws.
“I am very worried about how this is done.“
There is no right way to do something that is fundamentally wrong.
For once, we are in full agreement. Even for the relative few prisoners who probably are guilty of something (though under whose laws and which jurisdiction is an open question), all of the evidence against them has been made more or less inadmissible by the means used to acquire it. There simply is no possibility of a fair trial, no matter how much sincerity is involved in the effort. It’s as if, upon the liberation of Dachau, the Allies had proceeded to hold “fair trials” for the inmates.
The Guantanamo prisoners should be released on the grounds that being held and tortured for years is more than adequate punishment for any crimes they may have committed. We can then use the free cell space to hold their torturers.
you will get less than six votes in the Senate for that. You will get zero.
I’ve been reading about the period of time between Lincoln’s election and his inauguration over the last week. And what becomes painfully clear is that Lincoln’s range of action was severely restricted by the prevailing political opinions of the time. Thus, in an effort to preserve the Union without recourse to force he was compelled to reiterate repeatedly that he had no intention of touching the institution of slavery in any of the states where it existed. I can only imagine how the liberal blogosphere would howl in agony at that poor framing and morally indefensible position today. But there can be no release of Gitmo’s worst offenders. Like Lincoln, Obama must navigate a real-world, not an ideal one. It will be for history to condemn what must be condemned.
I’m with you 100%, Booman. It’s so easy for us to stand outside the storm and say what should be done. The answers look so obvious, so easy, from here. They are not.
I, too, was impressed by his speech, even as I cringed in a couple of places with things I disagreed with (not releasing the photos, not having an independent prosecutor).
But I think the guy has been saddled with a great number of burdens, and is picking his battles with care and finesse. When all is said and done, I think he will have moved this country a big step into a better direction by the end of his term/terms.
His strategy of caving to the slave owners didn’t work, did it. We still had the Civil War. Obama’s strategy of ignoring those among us who murder and torture is worse. Lincoln at least had no conflict with the Constitution, whereas Obama does. Caving to the torturers will just continue to haunt his administration and does real violence to the idea that the laws of this country will be applied evenly and fairly to everyone and doesn’t do anything for his credibility. Essentially, Obama is saying that if you are rich or powerful, you have nothing to fear from me.
I believe it did work. In making it clear that he intended no more harm to slavery than he had promised as a candidate (the prohibition of its extension into the territories) he actually created the much needed high ground. All responsibility for war lay with his enemies and their rationale was based on lies and suspicions, not facts.
It is hard to exaggerate how vital this was for keeping the Union side united.
And yet those enemies, or rather those who consider themselves as inheriting a legacy from them are the cause of the overwhelming majority of the problems in this country. They are the enemies of progress, not the only ones, but they form the core.
Why not release them and just have them tracked for eternity? But then, I’d rather the country be destroyed than budge one inch on this. So I’m just a wrong-headed absolutist.
“there can be no release of Gitmo’s worst offenders.“
And how, exactly, in the absence of any semblance of a trial, fair or otherwise do you determine who the “worst offenders” are, or even whether someone has committed any kind of offense? You don’t, do you? Instead, you make more or less arbitrary decisions that result in the complete denial of anything remotely like justice or basic human rights. It is inevitable that some of those who will spend the rest of their lives imprisoned with no chance of release ever will be innocent of anything that warrants this complete destruction of their lives. And it’s all about politics, isn’t it, and not even a little bit about justice let alone human rights. Lives ruined for politics. Lovely.
And one cannot overlook the racist/jingoist element of this either. What kind of hue and cry would ensue if a white Christian (or Jewish) American were denied the very basic rights that these brown, Muslim foreigners are going to be denied with little more than a shrug and an “oh well” from liberals and progressives, and the ready consent of the majority.
I appreciate that it troubles you. I realize there is almost certainly nothing that any of us can do to change it. It is utterly, utterly wrong.
Agreed, again. A fundamental principle, perhaps the fundamental principle of our legal system is that the accused are innocent until proven guilty beyond the shadow of a reasonable doubt in a fair trial conducted with a jury of their peers.
Realpolitik or not, the Gitmo prisoners are innocent men under our laws; there is in fact no possibility of their being guilty because there is no possible legal evidence against them. The only people who could possibly be guilty at Gitmo are the people outside of the cages. Not being a politician, I can state that simple fact for what it is. I do care what happens in the Senate, but not enough to lie about it or to aid and abet crimes against humanity.
The range of what is possible only expands when people embrace truthfulness and courage. That our society, collectively, has turned its back on both does not bode well for us, or for the people we will, inevitably, victimize in the future.
The worst white, Christian (or Jewish) American criminal would be released under the exact same circumstances in which these brown, Muslim foreigners are going to be imprisoned for the rest of their lives.
Damn straight. We’re on a roll today, Hurria. Too bad it couldn’t be over something less saddening and horrifying.
I didn’t think it was possible to be more ashamed of my country than I was during the Bush era. But now that the “good” people are in charge, sanctioning crimes against humanity that differ only slightly in degree and not at all in kind from the crimes of the previous administration, I realize that there are still depths left to be plumbed.
What now? Even if I was to emigrate, is there any place on earth that is safe from America?
Well, that’s all true. But Obama gave a pretty speech! Doesn’t that count for something?
Right now a pretty speech charting the ‘middle course’ is all America can handle. Obama is a master politician that knows better than anyone else what change America is ready for. Just give him 5 or 10 years then America will finally have the political will to do the right thing and give human beings the right to fair trials and other basic rights. Right now Americans are just too scared of Muslim ‘terrorists’ (aka falsely accused goat herders ineptly picked up by the Bush administration) to grant these sub-human scum the decency of “rights”. Plus, Democrats would look like a bunch of sissies if they just gave Muslims rights all willy-nilly like. What are a few innocent goat herders locked up with no rights compared to the struggles that the Good and Saintly Obama had to wrestle with? Don’t you see how hard this is on Obama? I just trust him to make the right decision.
Right now the Republicans and Dick Cheney are so powerful they must not be challenged. Have you seen Cheney’s poll numbers–oh noes, run away! Cheney and the big bad GOP daddies are on the attack again and the cowardly lions of the Democrap party just don’t have the political capital to spend fighting them. They have other issues they need to capitulate on and will reserve their energy for those faux fights. Obama and the other centrist Dems have years of experience of knowing just how much to challenge their right-wing Daddies and they know that these ferocious accusations from the GOP ninnies are like Kryptonite to the Democrats. I simply trust Obama’s political judgment on this. When the Democrats run away in fear you just know they are doing what they have to do. Democrats only surrender when they absolutely have to.
So, you see why a pretty speech is all that Obama can muster?
And hey, Obama did manage some swipes at the Bush administration–like repeating the suspect claim that Bush ‘released’ terrorists that rejoined the battle–that’s something, no?–oh wait, it doesn’t help to repeat false right-wing talking points?
Well, it was a pretty speech and he sure told that Bush guy off. Sort of. Right? Put that change in your pipe and smoke it! Hippy!
What do you think of Cheney’s speech.
I don’t want to even give him the dignity of getting into my brain. I’ve heard, considered, and rejected his “arguments” long ago. They are of the same variety that the 90 some Senators put forward the other day–an irrational fear of Muslims and a rejection of basic fundamental American liberties.
I’m mad enough at this country, and at my friends on the supposed left, that I don’t think I can handle the fascistic rantings of a sick and twisted man like Cheney. Especially since I know the Dems and Obama are impotent fools and will do nothing but make Cheney stronger.
The man needs to be indicted. The only speech I want to hear from him is one he delivers from the witness stand at his own trial.
The difference between Democrats and Republicans is that Republicans are wrong on almost everything but are willing to fight for their beliefs, and the Democrats are right on most things and….capitulate on most of them. Which is worse – to be utterly wrong or utterly cowardly?
Sorry. This speech is baloney.
“I want to be honest.” I understand that, Mr. President, but you simply cannot be. Our “national security” is absolute farcical creation of corporate America.
There can be no “national security” when the preceding regime was permitted to commit treason and get away with it in broad daylight. The list of treasonous acts runs from the violation of the crime scene on 9/11, itself, through the outing of Valerie Plame Wilson’s identity, to the Obama Administration’s continued utilization of the same legal arguments put forth by the criminal Bush regime.
There can be no legitimate government in the United States of America until the entire Bush and Cheney families are detained pending a trial for treason and war crimes.
We need a global war on error, not a global war on terror. The only great perpetrator of war crimes has been the United States of America in the 20th and now the 21st, centuries.
Read Russ Baker’s book, “Family of Secrets,” for a taste of where I am coming from on these issues. Read Professor Steven Jones’ articles on the available WTC 911 evidence regarding what transpired on that day.
There can be no national security where there is no legitimate government run by laws and principles that all agree to be governed by.
I cannot and will not be governed by an authority that can commit treason or war crimes or repeatedly violates my own sense of decency.
Either you “man-up,” Mr. President, or the hounds of hell will be unleashed.
“….there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States. ….people who, in effect, remain at war with the United States.
….I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. However, we must recognize that these detention policies cannot be unbounded.”
Complete hash. The struggle against Al Qaeda will never end and these people will not be suddenly changing ideologies and thus will remain dangerous. And they will continue to be held with no evidence forever. Politically he can’t release them–and that’s the only reason why he can’t.
“Both sides may be sincere in their views, but neither side is right.”
And this well, this is just wrong. One side is right, the other is wrong. And the middle? The middle is what’s expedient. But there is no maybe here. It’s either right or it’s wrong and he should admit it at least to himself.
This speech failed for me.
Good take on it. And you’re right that the there is no middle ground. It’s not a smart political move for Obama to think he can walk a cute line on this.
But what happens next? Does Congress and the Executive ignore the court orders to release detainees?
As Glenn Greenwald reminds us, the judiciary has already ordered the release of detainees. Is the media even covering this part of the story? What’s the plan here? Have Bush and Obama followed the courts orders and released these detainees?
The Democrats are accurately predicting the rub–that the detainees do indeed have rights and the constitution does indeed compel their release from indefinite preemptive detention–that’s why we see the Democrats reacting and coming up with this tortured logic and tortured political plan to make the issue go away. See e.g., Reid, Harry. Obama first tried to punt it out for a year. Now we get this walking-the-center-tightrope crap as Obama realizes he has orders to release people and he can’t keep punting the issue.
And of course the GOP pounces. It’s all they know how to do. And now we get speeches by Dick Cheney and 90 Senators intimidated by him and vote to support him and then Obama just throws his hands up and says he has no choice but to do it Dick Cheney’s way!
It’s tragic. And a direct result of mindless Democratic centrism.
I don’t think it’s mindless Democratic centrism. A very large number of people in this country find it just fine to treat the prisoners this way because of race, religion and association.
But you’re still right. When the people no longer support the constitution and one party whips people up against it, there are limited solutions and some of them involve the potential for violence.
Too many absolutist armchair quarterbacks… There is no perfect solution to this mess but I have more confidence in Obama and his Justice Department, in conjunction with Congress and the Courts to do what is best. None of the Poutrage Club will be happy, but how would it ever be possible to achieve that?
I will explain it very simply:
People who tortured or ordered torture or facilitated others ordering or torturing should be put into prison.
That will not make me happy because the next GOP administration will torture again, but it will satisfy me as the extend of what can be done.
And you may get your wish. Just have patience. It’s up to the Justice Department to prosecute these things if/when they’re ready to. It could be years before it happens but I suspect it will (to some degree) when the political timing is right.
Justice should not be subservient to convenient political timing…
No, it should not. What world are you pretending to live in though? The one where everything is ideal and politicians aren’t political – where no one ever lies and justice is always served?
All righty then…
see my comment below…
I have seen it and I agree with you. But some of us need to step into reality and see that things really aren’t so bad – they could be a hell of alot worse. Did you watch Cheney’s speech afterward? Imagine if someone of his mind were running things. Compared to what we’ve lived through for the last 30 years, I’m happy with the new management. They have higher ideals like you and I do, but they also know what is achievable in the political environment we find ourselves in. You don’t always get what you want. You get compromise. History shows this over and over.
Don’t get me wrong. I do real politique all the time. I think Obama is amazing and a far better President than we had any right to expect – given where the USA is at. But that doesn’t stop me from puncturing the balloons of those who who all of a sudden think that the USA is the greatest nation EVER, facing the greatest challenges EVER, and that we should all bow down and worship….
Trust me. I DON’T think the USA is the greatest Evah. Oh no. I’d be much happier in a Scandinavian country with all the socialism and stuff. We’re lucky that we broke the run up to full-on fascism that we were headed for up until November. If we can ever change who funds politics, we may actually achieve the goal of government that exists to benefit the lives of regular people. Under our current system, we got the best possible government that we could.
Now can we just get a real healthcare system for ALL passed before we start the next civil war? I try to keep my expectations from government LOW so I don’t get ulcers. We all need to unite on as much as possible and not get divided by semantics. It’s too hard a life being an idealist. Just being a political realist is difficult enough.
Don’t worry, it wasn’t your balloon I was trying to puncture!
If they want to start a civil war, then let’s have it and get it over with. There will be enough revanchism (and I do mean revanchism) on both sides as it is.
“some of us need to step into reality and see that things really aren’t so bad“
Tell that to the people in Guantanamo. Better yet, tell it to the people stuck in Bagram, which Obama is not planning to close, apparently ever. Oh, and have you heard that abuses in Guantanamo have actually gotten worse since Obama took office?
Tell it to the Afghans and Pakistanis whose loved ones have been killed by Obama’s military orders, and tell it to the Afghans and Pakistanis maimed by Obama’s military orders.
Yes, things could be worse for Americans, but it’s not always about you. There are a lot of people in the world who are not Americans and for whom things are as bad as ever thanks to the U.S., and in some cases they are even worse now than they were before.
What is best for whom? I suggest that they will do what is most expedient for them politically, and to hell with what is best.
Oh yes, and tell all those Guantanamo prisoners who will be robbed of what is left of their rights for the rest of their lives that this is what is best. And tell the prisoners at Bagram and other such sites whose rights are not even being and will never be acknowledged because Guantanamo was chosen as the showplace for Obama’s benevolence that this is what is best.
When will Americans get over the narcissistic, self-referential idea that it is all about them?
“…there are those who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency. “
A strawman.
Offensive.
there are those in this very thread. Not a strawman.
There is nothing unique about terrorism – it has existed since the beginning of time. What is unique is that the US got a small dose of what it has been doing to others for decades – and then panicked and introduced measures that previous generations of Germans, Japanese, Chinese and others where rightly tried and executed for. War crimes are war crimes even if you are at war.
What Obama is saying is that the Geneva Conventions don’t apply to the US. That US war criminals are not subject to international law. Holding enemy prisoners at a time of war is not some new phenomenon. That is precisely what the Geneva conventions were designed and signed to handle.
The difference is that this time around it is US leaders and not just nasty nazis, nips and muslims who are the war criminals, and the US is showing that it doesn’t have the balls to apply the justice it has rightly applied to others to itself. Hell, even the Nazis had regulations covering when “enhanced interrogation” techniques could be used. Didn’t stop them being executed for war crimes, and rightly so.
If Cheny had done what Hitler/Hussein had done he wouldn’t be prosecuted. Because justice is meted out by the victors on the losers and everything else is just window dressing.
So get off your high horses. This isn’t about justice or human rights. This is about power. And Democrats are as afraid of power as anyone. They don’t have the balls of the enemy they claim to fight, and sorry, a pretty speech doesn’t cut it by way of substitute.
I agree with you, but I don’t see your comment as responsive to mine.
That’s not what I hear in the comments, but maybe I’m out of it. I doubt anyone thinks we should endanger our citizens to prove some abstract point, but I’m old enough to have seen the fear card played over and over with the primary purpose of manipulating the public. The red scare, the domino theory, the scary Middle East. We were lied to in every instance. What has changed about the information gathering apparatus (CIA, for example) that should give us confidence that the world will end if we are more transparent? A very good argument could be made for the reverse.
The human rights organizations are not fools or traitors and they are offering loud dissent, and there are many thoughtful columnists and writers who have similar thoughts to mine. Do you dismiss them as well?
perhaps ‘transparency’ isn’t the issue in this thread. Perhaps the issue is more one of jurisprudence. But many are making the argument that if the law dictates people be released into our population that they must be released even if they present a clear and present danger. And Obama is saying that he is not going to create a clear and present danger to our citizens just because Bush violated our time-cherished laws. He’s saying that there are extremists on both sides, and that the extremists on the left are willing to put principle over safety,
I understand that a lot of people on the left will consider that a mischaracterization of their position and find it as dismissive and condescending. But it does apply to a lot of people, including people in this thread.
It might even apply to me if he cannot explain to me why these people cannot be convicted in court.
Thanks for your thoughtful reply. I do agree it is not transparency (as Obama stated) but more a matter of the law and the courts (jurisprudence, if you will). I posted before I saw the new threads on this topic. Since these people are for the most part not US citizens, deporting them to their home country seems reasonable, even if they take up their old profession. At least they are not within our borders. And these are hardly the only terrorists roaming the world. I would hope we could follow them. If not, our information gathering apparatus is even more incompetent that I imagined.
I don’t see immigration as the proper one to detain them. Weren’t all of them first incarcerated abroad? Not trying to enter the USA?
there might be one or two people in Gitmo that were in the U.S. or caught trying to enter. But they are exceptions.
we have two problems with deporting people. the first problem is getting people to take them. France agreed to take one Algerian and set him free in Nice. England took one and set him free. Obviously, we need a little more help than that. Our own laws prevent us from returning people to countries where they may be tortured or mistreated (ironic, I know) and that makes it hard to deal with many of the detainees.
So. even the innocent people are hard to release. Sen. Jim Webb says he opposes Virginia taking in the 17 innocent Uighurs. The dangerous ones will mostly be tried in either civilian or military courts. And then there is a small class of detainees that are apparently undeportable and unprosecutable. It is really only this last class of people that really concerns me. I want to know what the problem is with trying them in court.
Have you read Hilzoy’s series on the Uighurs? I have only read parts (been out of the country–Middle East, no less) but she is always worth reading.
PS- yes the irony of not being able to deport them to places where they might be tortured.