Katie Connolly
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May 15, 2009 02:11 PM
Hot on the heels of Obama's decision to oppose the release of those detainee abuse photos, the White House has just released a statement from the President outlining his decision to revive and modify the Military Commission process used to try Gitmo detainees. He's playing defense in the statement, knowing he's about to face a barrage of criticism from the left for what is easily construed as an about face. In his campaign, Obama had said that military courts martial or federal courts were more appropriate avenues for trying the prisoners. In today's statement, Obama clarifies that his opposition to the commissions in the past was specific to their construction under the Bush Administration's Military Commissions Act. Here's part of the statement:
Military commissions have a long tradition in the United States. They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered. In the past, I have supported the use of military commissions as one avenue to try detainees, in addition to prosecution in Article III courts. In 2006, I voted in favor of the use of military commissions. But I objected strongly to the Military Commissions Act that was drafted by the Bush Administration and passed by Congress because it failed to establish a legitimate legal framework and undermined our capability to ensure swift and certain justice against those detainees that we were holding at the time. Indeed, the system of Military Commissions at Guantanamo Bay had only succeeded in prosecuting three suspected terrorists in more than seven years.
Obama is instructing the Pentagon to seek rule changes. Statements obtained through "cruel, inhuman and degrading" treatment will be banned and the hearsay provisions will be altered so that the objecting party won't have the burden of disproving its reliability. Detainees will also have more freedom in choosing counsel. "These reforms will begin to restore the Commissions as a legitimate forum for prosecution, while bringing them in line with the rule of law," the President's statement says.
ABC's Jake Tapper asked a "White House Official" about this statement regarding the Hamdan verdict made by Obama in August 2008:
That the Hamdan trial – the first military commission trial with a
guilty verdict since 9/11 – took several years of legal challenges to
secure a conviction for material support for terrorism underscores the
dangerous flaws in the Administration’s legal framework. It’s time to
better protect the American people and our values by bringing swift and
sure justice to terrorists through our courts and our Uniform Code of Military Justice. (Emphasis added.)
Tapper writes: "A White House Official says that the President has "always a role for commissions, properly constituted" and the August statement was not meant to preclude them."
Critics have already starting pounding the President on this decision. Per the NYT:
The executive director of Human Rights First, Elisa Massimino,
called the commission system of trying war crimes cases irredeemable.
“Tinkering with the machinery of military commissions will not remove the taint of Guantánamo from future prosecutions,” she said. The executive director of the American Civil Liberties Union,
Anthony D. Romero, said he was preparing an advertising campaign that
will call the use of an inferior legal system to try detainees “the
Bush Obama doctrine.”
Predictably, Joe Lieberman and Lindsey Graham are pretty happy about the move. No word yet on indefinite detention. Gibbs danced around the issue when asked at today's briefing.