Greenwald uses Bergdahl to hit Obama, Democrats [View all]

[ProSense]

Greenwald:

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The sole excuse now offered by Democratic loyalists for this failure has been that Congress prevented him from closing the camp. But here, the Obama White House appears to be arguing that Congress lacks the authority to constrain the President’s power to release detainees when he wants. What other excuse is there for his clear violation of a law that requires 30-day notice to Congress before any detainees are released?

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Obama defenders seem to have two choices here: either the president broke the law in releasing these five detainees, or Congress cannot bind the commander-in-chief’s power to transfer detainees when he wants, thus leaving Obama free to make those decisions himself. Which is it?

https://firstlook.org/theintercept/2014/06/03/excuse-remains-obamas-failure-close-gitmo/

Greenwald's sole purpose for focusing on this event is to take a hit at President Obama and Democrats.

The question is why is he making the case that either Obama can release them all or he broke the law?

Notice he jumps on the BS about the Congressional notification?

It seems that Greenwald is implying that since the President hasn't released the others, then the current release is illegal.

He ignores that this has been an ongoing political battle, and that Obama has taken numerous steps to move closer to closing the prison and also releasing detainees where possible. It's not just Democrats who recognize that Congress has been an obstacle.

The ACLU is a good source.

ACLU Statement on President's Guantánamo Comments

NEW YORK – At a press briefing today, President Obama restated his belief that the prison at Guantánamo should be closed. Anthony D. Romero, executive director of the American Civil Liberties Union, responded to the president's comments by detailing immediate actions the president could take.

"We welcome the president's continuing commitment to closing Guantánamo and putting an end to the indefinite detention regime there," Romero said. "There are two things the president should do. One is to appoint a senior point person so that the administration's Guantánamo closure policy is directed by the White House and not by Pentagon bureaucrats. The president can also order the secretary of defense to start certifying for transfer detainees who have been cleared, which is more than half the Guantánamo population."

"There's more to be done, but these are the two essential first steps the president can take now to break the Guantánamo logjam," Romero said. "We couldn't agree more with President Obama's statement that the 'idea that we would still maintain forever a group of individuals who have not been tried – that is contrary to who we are, it is contrary to our interests, and it needs to stop.'"

http://www.aclu.org/criminal-law-reform-human-rights-national-security-prisoners-rights/aclu-statement-presidents

ACLU Comment on Appointment of Envoy to Close Guantánamo

WASHINGTON – President Obama today appointed lawyer Clifford Sloan as the State Department's special envoy in charge of closing the military prison at Guantánamo Bay, Cuba.

"The appointment of a new envoy at the State Department for closing Guantánamo puts in place one of the last pieces of the puzzle for getting the prison closed," said Laura Murphy, director of the ACLU Washington Legislative Office. "The president now has ordered the restart of transfers out of Guantánamo, lifted the moratorium on transfers to Yemen, and appointed top officials at the White House and State Department to get it done. Once President Obama makes the necessary appointment at the Pentagon to begin transferring detainees out of Guantánamo, he should immediately begin doing so. With more than half of the detainees already cleared for transfer or release, and dozens more being held without ever being charged or tried, it's time to start sending these men home."

http://www.aclu.org/national-security/aclu-comment-appointment-envoy-close-guantanamo

ACLU Comment on Appointment of Envoy to Close Guantanamo Bay Detention Facility

WASHINGTON – Defense Secretary Chuck Hagel today appointed Paul Lewis as the special envoy for closing the Guantanamo Bay detention facility. In his new position, Lewis will work with the State Department on transferring detainees out of the prison to other countries.

Christopher Anders, senior legislative counsel at the ACLU’s Washington Legislative Office, had this comment:

"The American Civil Liberties Union is pleased that Secretary of Defense Chuck Hagel has filled the important position of Defense Department envoy for closing the Guantanamo detention facility. We had been concerned about the lengthy delay in filling this critical job that the president ordered created as part of his National Defense University speech in May,” said Anders. “Paul Lewis has three decades of experience working on national security and rule of law issues at the highest levels of government. In his new position, he will play a critical role in carrying out the president’s commitment to close Guantanamo for good."

https://www.aclu.org/national-security/aclu-comment-appointment-envoy-close-guantanamo-bay-detention-facility

Senate Eases Transfer Restrictions for Guantánamo Detainees

WASHINGTON – The Senate late last night passed the National Defense Authorization Act for fiscal year 2014, which will ease transfer restrictions for detainees currently held at the military detention camp at Guantánamo Bay, Cuba, most of whom have been held without charge or trial for over a decade. The bill, which passed the House of Representatives last week, cleared the Senate by a vote of 84-15. The improved transfer provisions were sponsored by Senate Armed Services Committee Chairman Carl Levin and were strongly supported by the White House and the Defense Department.

"This is a big step forward for meeting the goal of closing Guantánamo and ending indefinite detention. For the first time ever, Congress is making it easier, rather than harder, for the Defense Department to close Guantánamo – and this win only happened because the White House and Defense Secretary worked hand in hand with the leadership of the congressional committees," said Christopher Anders, senior legislative counsel at the ACLU’s Washington Legislative Office. "After years of a blame-game between Congress and the White House, both worked together to clear away obstacles to transferring out of Guantánamo the vast majority of detainees who have never been charged with a crime."

The current population at Guantánamo stands at 158 detainees, approximately half of whom were cleared for transfer to their home or third-party countries by U.S. national security officials four years ago. Also, periodic review boards have recently started reviews of detainees who have not been charged with a crime and had not been cleared in the earlier reviews. While the legislation eases the transfer restrictions for sending detainees to countries abroad, it continues to prohibit the transfer of detainees to the United States for any reason, including for trial or medical emergencies.

"There has been a sea change on the Guantánamo issue, both in Congress and at the White House. With the president’s renewed commitment to closing it, and the support of Congress, there now is reason to hope that the job of closing Guantánamo and ending indefinite detention can get done before the president leaves office," said Anders. "As big as this win is, there is more work left to be done. The Defense Department has to use the new transfer provisions to step up transfers out of Guantánamo, and Congress needs to remove the remaining ban on using federal criminal courts to try detainees."

President Obama is expected to sign the defense bill into law before the end of the year.

https://www.aclu.org/national-security/senate-eases-transfer-restrictions-guantanamo-detainees

U.S. Moves Closer to Closing Guantanamo Bay

By Julian E. Barnes

WASHINGTON—The Pentagon said it has transferred the last three ethnic Uighur Chinese nationals from the U.S. military prison at Guantanamo Bay, Cuba, to Slovakia in what it called "a significant milestone in our effort to close the detention facility at Guantanamo Bay."

Pentagon press secretary Rear Adm. John Kirby said in a written statement that Yusef Abbas, Saidullah Khalik and Hajiakbar Abdul Ghuper are "voluntarily resettling in Slovakia," leaving 155 detainees at Guantanamo.

The three men were the last of 22 ethnic Uighurs captured in Afghanistan in 2001 and ordered released from Guantanamo under an Oct. 7, 2008, federal court ruling. The 22 men have ended up being resettled to six different countries, the Pentagon said.

Andrea Prasow, senior counterterrorism counsel for advocacy group Human Rights Watch, said the transfer was an important moment. "The Uighurs had nothing to do with any conflict with the United States," she said. "It is a stark symbol of what was wrong with Guantanamo, with what was wrong with just sweeping people up and detaining them in an offshore facility."

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http://online.wsj.com/news/articles/SB10001424052702304361604579292270871879140

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Fortunately and finally, at the end of 2013, the Uighurs--a persecuted religious minority from China--have left Guantanamo.

https://www.aclu.org/national-security/free-uighurs

Uruguay agrees to U.S. request to take some Guantanamo inmates

MONTEVIDEO (Reuters) - Uruguay has agreed with the United States to accept some prisoners held in the much-criticized detention center at the U.S. military base of Guantanamo Bay, President Jose Mujica said on Thursday.

The Obama administration, which wants to close the center used to imprison people captured after the September 11, 2001 attacks on the United States, has been talking to several countries about relocating inmates.

The South American country had accepted the request by Washington to take some prisoners and would consider them refugees, Mujica told journalists while attending an unrelated farming event.

"It's a request for human rights reasons," Mujica said.

Mujica said Obama "has asked a bunch of countries if they can take some and I told him yes."

Weekly newspaper Busqueda reported that Uruguay had accepted a U.S. proposal to take five detainees from the Guantanamo Bay, Cuba base for two years. The 78-year-old ex-guerrilla Mujica agreed after speaking to Cuban President Raul Castro and sending delegates to visit the detention center, the report said.

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http://www.reuters.com/article/2014/03/20/us-uruguay-guantanamo-idUSBREA2J1Z220140320

Statement by the Press Secretary on the Adam Smith Amendment

The President applauds Ranking Member Adam Smith for his continued stalwart leadership in standing up for our values and national security by advancing the cause of closing the detention facility at Guantanamo Bay. By eliminating unwarranted and burdensome restrictions relating to the transfer of Guantanamo detainees, his amendment would further our efforts to move past this chapter in U.S. history. We urge the House to adopt the Smith Amendment and put an end to the ongoing harm to the nation’s security that results from the operation of the facility at Guantanamo Bay, Cuba.

This Administration has repeatedly objected to statutory restrictions that impede our ability to responsibly close the detention facility and pursue appropriate options for the detainees remaining there, including by determining when and where to prosecute detainees, based on the facts and circumstances of each case and our national security interests. In hundreds of terrorism-related cases – and as illustrated once again this week – our federal courts have proven themselves to be more than capable of administering justice.

Nearly a half billion dollars per year is an unacceptable price to pay for a facility that wastes our resources, creates friction with our allies, and undermines our standing in the world. This needs to be the year Congress lifts the remaining restrictions and enables the closure of the detention facility at Guantanamo Bay. We call on Members of both parties to work together to ensure the United States meets this goal. If this year's Defense Authorization bill continues unwarranted restrictions regarding Guantanamo detainees, the President will veto the bill.

http://www.whitehouse.gov/the-press-office/2014/05/21/statement-press-secretary-adam-smith-amendment