Opinion

The Great Debate

from Nicholas Wapshott:

Obama versus Congress on Guantanamo

A young girl holds a picture of Bobby Sands in a republican march to mark the 20th anniversary of the IRA hunger strike at the Maze prison in Northern Ireland May 27. REUTERS/Archive

Barely a week after Margaret Thatcher’s funeral in London, her ghost is stalking the corridors of power. At his press conference on Tuesday in Washington, President Barack Obama was asked about Guantánamo Bay prisoners refusing to eat. In doing so, the veteran CBS reporter Bill Plante, who asked the question, exposed a running sore in the Obama administration. He also invited direct comparison between Obama and Lady Thatcher – who faced a similar dilemma in 1981.

As a candidate in 2008, Obama, a distinguished Harvard-educated legal scholar known in the Senate for his common sense and humanity, promised to quickly close the prison for 166 terrorist suspects in the U.S. naval base at Guantánamo Bay, Cuba. The existence of a U.S. detention center that ignores the basic legal right of habeas corpus and the failure to bring prisoners to trial after so many years “erode our moral claims that we are acting on behalf of broader universal principles,” he said. He went on to repeat his pledge, yet five years on, Gitmo is still open for business.

The president’s embarrassment can be blamed, in part, on his naïveté. For a while after his inauguration in 2009 he appeared to be under the impression he had been elected the most powerful man on earth. It has taken four painful years for him to realize that the division of government guaranteed by the Constitution prevents him from doing not only what he wishes but what a majority of Americans have mandated.

Under the guise of saving money, Congress has stymied the president’s plan to try those believed guilty of terrorist offenses on U.S. soil and to release the 86 innocents who have been held without trial for years. Despite their insistence that they believe in America’s system of justice, it appears that many congressmen have little faith in it.

Keep terrorism trials in U.S. courts

On Friday morning in downtown Manhattan, Osama bin Laden’s son-in-law appeared in a federal courtroom to be charged with conspiring to kill Americans. In a sober, orderly proceeding that lasted a total of 17 minutes, Judge Lewis Kaplan explained to Suleiman Abu Ghaith his rights, appointed his defense lawyers, read the charges against him, recorded his plea of “not guilty,” ordered the prisoner’s continued detention and announced that he would set a trial date for the case in 30 days.

Prosecutors have already turned over the bulk of their unclassified evidence against the defendant. Abu Ghaith, who was transferred to New York from Jordan on March 3, is reportedly cooperating with federal authorities and providing important information about al Qaeda.

It was, in others words, an ordinary, orderly federal court arraignment in an international terrorism case. Almost 500 such defendants have been convicted in U.S. federal courts on U.S. soil since the terrorist attacks of September 11, 2001.

Fearing the supermen of Guantanamo

Bernd Debusmann - Great Debate–Bernd Debusmann is a Reuters columnist. The opinions expressed are his own–

Americans need to be afraid, very afraid. If President Barack Obama has his way, the country will soon be at serious risk of terrorist attacks coordinated by Muslim men held in maximum security prisons from where no-one has ever escaped.

These inmates possess superhuman strength and cunning. Even in solitary confinement, they might recruit fellow inmates to the cause of al Qaeda and incite riots. They might succeed where the worst of the worst American criminals failed – break out and disappear, seamlessly blending into the community. Next thing you know — a mushroom cloud.

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