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Gitmo’s Nowhere Men

posted at 5:55 pm on April 13, 2009 by Ed Morrissey
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Barack Obama may have bitten off more than he could chew in regards to the detainees at Guantanamo Bay, Cuba.  The Miami Herald reports that the Obama administration has made no headway on determining where it will put the current detainees once they close the base, whether they’ll house them in one facility or several, or even whether they will house them in the US at all.  In fact, the response from the Obama administration suggests that they may end up nowhere, man:

The Obama administration said Monday it has made no decisions on how many of the 240 or so Guantánamo detainees will be moved to U.S. soil, and whether they will be scattered around lockups throughout the United States or concentrated in one place.

Justice Department spokesman Dean Boyd also declined to say whether any sites had been ruled out as possible lockups for the men from 30 nations, many of whom have been held at the remote U.S. Navy base in southeast Cuba for seven-plus years. …

”There have been no final determinations made at this point with respect to individual detainees and whether or not they might be transferred to one location on U.S. soil, or several locations, or none at all,” Boyd said in response to a query from The Miami Herald.

“Or none at all”?  That implies that the detainees might stop existing altogether when Obama closes Gitmo.  That would certainly be change that national-security conservatives could believe in. Unfortunately, Boyd probably just wrote his response carelessly.  I don’t think Obama’s planning on mass executions as an option.  Talk about an expiration date!

That does sound as though Obama’s considering another site outside of American soil, since that’s the only other definition of that sentence.  If that’s the case, Obama will have to explain why it makes sense to close Gitmo, just to open a new facility.  The construction costs would have to get duplicated (a stimulus package for the military?), and it would do nothing to solve the problems Obama has repeatedly declared that he has with Gitmo.  He’s never argued for closing the base as a merely symbolic gesture, as John McCain implied at times during the presidential campaign.  His sudden interest in fighting habeas corpus for Bagram detainees might indicate a change of heart, however.

After two years on the campaign trail, when he declared without equivocation that he could shut down Gitmo, and 90 days into his presidency, Obama still has no plan on how to do it.  I suspect that he anticipated a lot more help from the Europeans, and got shocked when he could only offload one Algerian to France.  Europe wanted to know why we needed to send them there instead of setting them up in the US, if Obama thought they were so innocuous.   Suddenly, this looks a lot more difficult than it did on the campaign trail, and Obama only has the unpopular options of housing terrorists in the US, releasing them outright, or the worst of all possible worlds, releasing them in the US.  Maybe Diego Garcia isn’t such a bad idea after all.


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He’s still figuring out how to vote Present.

As you noted, Ed, the Euros didn’t help.

INC on April 13, 2009 at 5:58 PM

Send them to New York City, Washington, D.C., Connecticut, Massachusetts and California (near San Francisco). Las Vegas could take a few too. Seems fair, doesn’t it?

suzyk on April 13, 2009 at 5:59 PM

Maybe they could help Michelle O around the house.

Cicero43 on April 13, 2009 at 6:01 PM

Put two to three a day on a small dingy in the Gulf of Aden for daily sniper practice?

WashJeff on April 13, 2009 at 6:02 PM

Ship ‘em to Bagram. Then laugh, laugh, laugh.

See – we’ve closed Gitmo! Aren’t we moral!

Realist on April 13, 2009 at 6:02 PM

Destination Bagram

rob verdi on April 13, 2009 at 6:04 PM

TOTUS-user, meet Reality, Reality, meet TOTUS-user.

Rogue on April 13, 2009 at 6:04 PM

I don’t think Obama’s planning on mass executions as an option.

Rats.

Bruno Strozek on April 13, 2009 at 6:05 PM

Warm up the euphemism generator.

the_nile on April 13, 2009 at 6:05 PM

They’re making all their nowhere plans…for nobody.

The Wall on April 13, 2009 at 6:07 PM

There is still this tricky issue of landed immigrants and US persons status being derived from being landed immigrants.

If these detainees are permitted to step onto US soil…then a whole panoply of unforeseen unintended consequences opens up for them.

Can they be brought to trial in US courts for crimes allegedly committed in a foreign land directed toward foreign people? Is any evidence leading up to their capture permissible in federal courts without setting aside long established rules of evidence? Are any of their statements made while at Gitmo permissible to be used against them? Can they have access to any attorney they chose? Will they be able to be released on their own cognizance prior to trial? Habeus corpus still applies here in the US, so how will that change their status once they arrive here?

Can exceptional law be passed specifically for these individuals contrary to Constitutional standards?

If one is deemed a US person…not just a US citizen, then one is afforded every judicial option and means of legal defense available to any American, at any time.

And what of the several countries, to include China, who absolutely refuse to repatriate any of their citizens, Gitmo detainees who have already been declared not a threat or have otherwise been exonerated of their terrorist status? Do these get a fast-pass to legal residency and citizenship here? Do they become wards of the state…normally a bar to an entry visa for those under the legal visa framework?

A Pandora’s Box if there ever was one.

coldwarrior on April 13, 2009 at 6:12 PM

This presidenting is hard work.

rbj on April 13, 2009 at 6:12 PM

Let them live in Hollywood.

deidre on April 13, 2009 at 6:15 PM

My guess is that they’ve looked at the facts on some of these detainees and said, “Holy moley, these are bad people” and that trying them in the US under undetermined habeas rules is impossible.

Chain of custody of evidence is gone, witnesses can’t be located, et cetera.

You simply cannot expect troops in a warzone to follow the rules of evidence of CSI Miami. Simply impossible.

SteveMG on April 13, 2009 at 6:15 PM

Send them into the Phantom Zone.

redshirt on April 13, 2009 at 6:17 PM

welcome to the new Badministration

blatantblue on April 13, 2009 at 6:19 PM

Distribute them according to electoral votes. Obama won, they get distributed amongst the blue states.

portlandon on April 13, 2009 at 6:21 PM

This is exactly why Boumedine v Bush was a TERRIBLE decision – it now gave these terrorist suspects, the chance to file habeas corpus petitions challenging their detention.

This makes it almost impossible to hold these terror suspects at Gitmo – if the Govt does nt have enough evidence or it does not want to reveal how it collected it, these guys get to walk free.

Am I understanding Boumedine correctly ? does any one know how many habeas petitions have been filed by the lawyers of prisioners at Gitmo ??

nagee76 on April 13, 2009 at 6:24 PM

What does the teleprompter suggest?

patriette on April 13, 2009 at 6:25 PM

Another Hopey/Changey urban legend in the making,
as well as another,

BETRAYLE to those Obamabots that voted and supported
the ‘One’!!!!!!!!!!!!!!!!

And,I bet El Code Pinko,are beside themselves at what strategy will work on their own Liberal Party!

Liars lying to Liars!

canopfor on April 13, 2009 at 6:26 PM

This is what happens when you make up your own laws on the fly. I do know that my Representative has already written a letter to Obama telling him to not house any one of these guys in our district’s jails. I know the Rep. from where Leavenworth is has done the same. It’s real easy to bloviate about Gitmo, but reality sets in and the idea isn’t so great. Obama has backed himself into a corner just making up stuff. Looks like Gitmo will be around for a while. It’s the perfect place for what it does.

BetseyRoss on April 13, 2009 at 6:26 PM

It’s all George Bush’s fault. After all, if a dumb cowboy could run the presidency, a Harvard educated liberal self-anointed genius should have no problems. Even if his only executive experience was running his own presidential campaign.

GarandFan on April 13, 2009 at 6:27 PM

This is exactly why Boumedine v Bush was a TERRIBLE decision – it now gave these terrorist suspects, the chance to file habeas corpus petitions challenging their detention.

This makes it almost impossible to hold these terror suspects at Gitmo – if the Govt does nt have enough evidence or it does not want to reveal how it collected it, these guys get to walk free.

But the Obama Administration says that Boumedine doesn’t apply to people at Bagram. I can’t follow the Administration’s subtle legal reasoning that states that habeas corpus may apply to a prison in Cuba, but not to a prison in Afghanistan. Whatever…

Even better, the preening liberal pro bono attorneys from New York and elsewhere are a lot less likely to want to visit their clients in Afghanistan than in Cuba. Win, win!

Realist on April 13, 2009 at 6:29 PM

Well we could turn the Gitmo detainees into chew toys for Bo, but somehow I don’t think Obama’s ACLU supporters would be down with that.

eaglewingz08 on April 13, 2009 at 6:30 PM

I think we should send them all over to getalife’s basement bedroom. Just get rid of all those pizza boxes and Mountain Dew empties…

The kids are in charge now.

Del Dolemonte on April 13, 2009 at 6:31 PM

send them to MSNBC, Daily KOS, and Huffington post to write witty content. It couldn’t be any worse.

kirkill on April 13, 2009 at 6:31 PM

VIVA CUBA!!!

It’s close, not much transportation costs, Castro will welcome them with open arms.

PappaMac on April 13, 2009 at 6:32 PM

The president can simply throw them under the bus. We’ll never hear from them again. There’s plenty of room down there.

Weebork on April 13, 2009 at 6:32 PM

nagee76 on April 13, 2009 at 6:24 PM

Boumedine violated current treaty obligations between the US government and the government of Cuba. Non-military persons at Guantanamo are actually subject to Cuban Law. But, in order to permit Cuban Law to have precedence, Castro Inc. has to acknowledge US sovereignty over Guantanamo Bay naval Station. It won’t do that. It hasn’t cashed a single lease payment check since 1959. It views the US base at Gitmo to be a violation of Cuban sovereignty, regardless of the treaties that gave us Gitmo originally..

This is one of the primary reasons Gitmo was chosen as a place to hold detainees in the first place.

coldwarrior on April 13, 2009 at 6:32 PM

“But the Obama Administration says that Boumedine doesn’t apply to people at Bagram. I can’t follow the Administration’s subtle legal reasoning that states that habeas corpus may apply to a prison in Cuba, but not to a prison in Afghanistan. Whatever..”

Heh. Realist, it is obvious that you didnt attend Harvard Law school. Only then, can you understand the .er.. “nuance”.

Even better, the preening liberal pro bono attorneys from New York and elsewhere are a lot less likely to want to visit their clients in Afghanistan than in Cuba. Win, win!
LOL !! +1000. Although i do think these dopeheads could be attracted by all the poppy that grows out there… you never now with the libruls.

nagee76 on April 13, 2009 at 6:34 PM

coldwarrior,
Thanks for the info. Btw, i am not one of “us”. :-)

nagee76 on April 13, 2009 at 6:37 PM

nagee76 on April 13, 2009 at 6:37 PM

[ Shhh...neither am I. ]

coldwarrior on April 13, 2009 at 6:48 PM

On one side of the argument many people are hoping for the release of the detainees and on the other people are hoping for long term incarceration.

I just don’t see any real value in keeping them locked up forever. Sure, you can argue that they pose a threat and they deserve to stay at a facility of some sort but obviously we have the international reprecusions in terms of getting other nations’ help with additional resources for these two long wars. Additionally this is a recruiting tool for those who feel America is evil.

I don’t see any easy answers.

ckoeber on April 13, 2009 at 7:14 PM

Send 1, or 2, to live with each member of Congress that’ve been pushing for closing Gitmo and assigning constitutional rights to these harmless “farmers” and “innocent bystanders” that just happen to get caught up in the war in Afghanistan.

Harry, Nancy, Barbara, Chuckie, etc. how about it? Put up or shut up.

AZ_Mike on April 13, 2009 at 7:20 PM

They should transfer the detainees to the Metropolitan Detention Center (MDC), a federal prison in Los Angeles located 6.5 miles away from Hollywood, CA.

jjrakman on April 13, 2009 at 7:34 PM

Obama is making overtures to Cuba. Soon no more “Guantanamo”, coming soon “Cuba Club East”.

albill on April 13, 2009 at 7:42 PM

Maybe Diego Garcia isn’t such a bad idea after all.

Yup. Voting them off the Island… onto the Island.

unclesmrgol on April 13, 2009 at 9:12 PM

heh… hasn’t been said yet.

“PRESENT”

Hog Wild on April 13, 2009 at 11:00 PM

“The Caribbean Sea is one of the largest salt water seas and has an area of about 2,754,000 km² (1,063,000 square miles). The sea’s deepest point is the Cayman Trench, between Cuba and Jamaica, at 7,686 m (25,220 feet) below sea level.” — http://www.spiritus-temporis.com/caribbean-sea/

Imagine that, a 25,000-foot-deep hole just offshore from Cuba…

cthulhu on April 13, 2009 at 11:26 PM

Re-open Alcatraz and send them there…..or
Send them to Berkley…..or
Wait til hurricane season and take ‘em fishing!

gordo on April 13, 2009 at 11:27 PM

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