Gitmo: Obama's failure, our nation's shame

Posted on: Sat, 05/25/2013 - 01:54 By: Tom Swiss

To hear Obama make noises about finally getting around to closing the illegal prison at Guantánamo Bay, would be amusing if it were not so tragic. Joe Nocera has a good explanation why:

Obama’s Gitmo Problem

Late Wednesday afternoon, less than 24 hours before President Obama made his big national security speech — in which he said, for the umpteenth time, that the prison in Guantánamo Bay, Cuba, should be closed — a group of American lawyers representing Guantánamo detainees filed an emergency motion with the Federal District Court in the District of Columbia. The motion asked the court to order the removal of “unjustified burdens” that the military command at Guantánamo has placed on the detainees, making it nearly impossible for them to meet with their lawyers.

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It is my belief, shared by many lawyers who have followed the legal battles over Guantánamo, that the president could have shut down the prison if he had really been determined to do so. One reason innocent detainees can’t get out is that the courts have essentially ruled that a president has an absolute right to imprison anyone he wants during a time of war — with no second-guessing from either of the other two branches of government. By the same legal logic, a president can also free any prisoner in a time of war. Had the president taken that stance, there would undoubtedly have been a court fight. But so what? Aren’t some things worth fighting for?

Whenever he talks about Guantánamo, the president gives the impression that that’s what he believes. The shame — his shame — is that, for all his soaring rhetoric, he has yet to show that he is willing to act on that belief.

Unfortunately, though, it's not just Obama's shame. It's a national disgrace, and watching Obama apologists twist themselves in knots trying to justify it is nauseating.