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Gitmo Must Go

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Our failure to dry up the seemingly endless pool of recruits willing to martyr themselves is the main reason why we continue to lose ground against al Qaida worldwide.

It is al Qaida, not Iraq, that is our biggest problem, and we need much better strategies for dealing with it. It seems to me that restoring America's core values and proud legal traditions are a big piece of any strategy for improving our tarnished international standing and winning the argument with the next generation of would-be terrorists.

That's why restoring habeas corpus, reining in the use of national security letters, and shutting down the prison at Guantánamo Bay are so important.

Yesterday, Rep. Neil Abercrombie and I introduced legislation that would require the closure of Gitmo within one year of its enactment and provide guidance for the treatment of individuals detained there. My full floor statement follows below:

"The September 11th terrorist attacks posed a defining challenge for the United States. Our nation was savagely attacked; our peace and prosperity threatened. A swift and decisive response was necessary.

Many of us offered to work with the Administration to come up with a legal framework to guide that response. One that offered the flexibility needed to meet the challenges posed by al Qaida and 21st century terrorism, but also respected human rights and the rule of law.

Unfortunately, the Administration went its own way and failed to establish a widely accepted legal foundation for its actions. We are all now paying the price.

Nowhere are the problems created by the White House's myopic approach more apparent than at the detention facility at Guantánamo Bay, Cuba.

I have visited Gitmo three times.

Each time, I asked hard questions about how the men detained there were being treated, how long they would be held there, and what efforts were being made to ensure that the innocent were released. By the third visit, it became very clear that I was getting the run-around.

The truth was that the Administration was adrift in what I call the "fog of law." Guantánamo was built on a legal fiction. The Administration claimed the authority to detain any person it deemed appropriate, to deny that person the protections of US and international law, and to do so indefinitely – so long as that person was held outside US soil.

The claim was extraordinary, and the Administration seemed unconcerned that it was without sound legal parameters to guide its actions.

At Gitmo, the Administration effectively discarded the procedures that we have used for centuries – in civilian and military tribunals alike – to separate the innocent from the guilty and ensure fair punishment for those that deserve it.

Hundreds of men were detained at Guantánamo for years, without access to an independent court in which to argue their innocence, without access to the evidence against them, and without protection of the Geneva Conventions.

These are rights that the United States has long pressed developing countries to adopt, arguing that they are fundamental to any just legal system.

It should be no surprise that the Administration's ad hoc procedures appear to have resulted in the improper detention of many individuals whose only crime was being in the wrong place at the wrong time, or having the wrong name.

The Supreme Court brought the curtain down on the Guantánamo legal fiction in its Hamdan decision. And now it is time for the Congress to act.

The United States is engaged in a long struggle against al Qaida and other jihadist terror organizations. These groups are successfully exploiting the antipathy that many in the Arab world – and, increasingly, not just the Arab world – feel toward the West, and toward America in particular.

In order to erode al Qaida's appeal and dry up its recruiting base, we have to win the battle for the hearts and minds of the next generation of would-be terrorists.

Guantánamo has become a liability. The real and perceived injustices occurring there have given our enemies an easy example of our failures and alleged ill intent. The prison is so widely viewed as illegitimate, so plainly inconsistent with America's proud legal traditions, that it has become a stinging symbol of our tarnished standing abroad.

Defense Secretary Gates has admitted as much, arguing the facility should be closed because its "taint" would render any trials held there illegitimate in the eyes of the world.

I agree with Secretary Gates. It is time to shut the prison down.

That is why I am proud to introduce, together with my friend and member of the Armed Services Committee Mr. Abercrombie, legislation to require the closing of the detention facility at Guantánamo Bay. Senator Feinstein has introduced a similar bill in the Senate.

The bill requires the President to close the facility within one year of enactment, and gives him a range of choices for dealing with the detainees. These options include transfer to a detainee's country of origin (so long as that country provides certain assurances regarding treatment of the detainee); transfer to a facility in the United States to be tried before military or civilian authorities (like the 1993 World Trade Center bombers and John Walker Lindh); transfer to a qualified international tribunal; or, if appropriate, outright release.

Make no mistake: this legislation is not about setting terrorists free. Many of those held at Gitmo are the worst of the worst – hard-core haters who cannot be rehabilitated. This legislation is about being true to America's most fundamental values and legal norms.

Closing Guantánamo alone will not heal America's moral black eye. But it is a necessary first step.


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I'm sorry, but is this the way our congresspeople talk on the floor?

"Heal America's moral black eye?"

You know, there are writers waiting tables in America. Give one of them a six figure job so that I don't ever have to read about America's moral black eye ever again.

And you started with this gem: "The September 11th terrorist attacks posed a defining challenge for the United States. Our nation was savagely attacked; our peace and prosperity threatened. A swift and decisive response was necessary."

Argh! Stop it! I can't take the cliche anymore!

thosethingswesay.blogspot.com

before we start giving Jane Harmon kudos, lets not forget that she has described herself as "the best Republican in the Democratic Party", and until she faced a significant primary challenge from Marcy Winograd in 2006, was a Bushco sockpuppet.

Harmon's amazing conversion to a supporter of civil liberties is proof of the old saying "there are no atheists in foxholes." Now that its unsafe to parrot the Bush line, Harmon suddenly changes her stripes.

So, good for you Jane.....but don't expect those of us who know your real record to see your support for closing Gitmo as anything other than the same political opportunism that has been the hallmark of your career.

If political opportunism is what it takes to close Gitmo, then bring on the political opportunism.

It's like cleaning up seabirds after an oil spill.

I'll take all the political opportunism in the universe if it gets us positive results. Perhaps you're nostalgic for the good old days of 2002-2003?

The fact that the scales are dropping from the eyes of prominent Democrats is something to be celebrated, but I suppose we have another case of pretending we're powerless progressives again being steamrolled by the Administration and the chattering classes, reduced to complaining, as opposed to showing the magnanimity that can come from having more of Congress and popular opinion at our backs.

Better late than never, I guess.

Stop playing the fear card, Harman. It makes you look cheap and petty... it makes you, well, Bush-like!

And remember, the time to shut down the next Gitmo is before it opens. No more tyrants in the White House.

--

"There's no telling what new harm Bush might do
if he ever gets back up off the mat.
You have to keep your knee on his windpipe
until the danger is past." -- Garry Trudeau

We ought to clear every concrete block, stick of wood, and piece of sheet metal off the place, plant a bunch of trees, and deed it back to its rightful owner, Cuba.

Rep. Harman,

The failure to act in closing the torture chambers is to act as a failure to exist as a SOCIAL society. Day after day, our military is put in harms way and in the event they are captured the torture (as we have seen) is and will continue to be unthinkable to a social society.

I look to the sky in hope that each person is safe, in health and that this war be ended!

Sorry people, but I can only praise Rep. Harman on this one. No one else has put this on the political agenda, much less on the legislative one. I recall only Al Gore making the admniistration's consistent infringement of civil liberties into a speech. It's even a show of courage to visit the place and report back this honestly. And sure it's not a mindless of militarism to say that Bush's policy has made us less safe and polarized the world. Besides, she gets an early dig in at the Bush priorities in invading Iraq. Finally, she is back visiting us here, unlike the other one-shot politician appearances we have seen.

If we want to disagree with her strongly on something else, disagree with her strongly on something else. Bush has probably broken U.S. laws at Gitmo, although he could claim up until, oh, a couple of years ago that he had to be taken to court to learn that and although too many Americans are complicit. But he has certainly committed crimes against humanity, and let's take some pride in reasserting the idea that America is not supposed to do that.

Last, it's another reminder that politics does make a difference. I can't believe that a new Democratic president won't close the place down without much fanfare early in the next term. If you want more purity than that, vote for Nader, but don't blame me for the crimes.

John

http://www.haberarts.com/

Some people on this blog post are being rude and angry. And while I can understand the source of the sentiment, the fact is, I expect better from TPM bloggers. TPM bloggers know how to disagree with and debate each other civilly. I'd hope that they would do so with Rep. Harman as well. Quite frankly, I'm happy that she's joined our conversation.

She's on the right side of this issue. Thank you Rep Harmon.

I believe in redemption. When she sees this effort through, she will get much praise from me. I will certainly read the legislation she have provided. Any chance she could add it to the TPM documents collection.

We may not always agree on every issue, but the restoration of Habeas and closing Gitmo are big big wins.

Thank you Rep Harman. Feel free to call on us to step up to the plate to support your efforts, if the President or other opposition tries to deny your efforts.

Thank you for *finally* starting to address the criminal, unconstitutional, inhumane actions of the Bush Administration -- the ones which make the US seem like a third-world dictatorship to most foreigners (and many Americans).

Restoring habeas corpus is job one of Congress. Closing Gitmo is on the top ten list.

However, given the President's avowed record of lawlessness -- such as his assertion that he will continue to spy on Americans in violation of FISA whatever Congress does -- what will you do if the President simply ignores the law and keeps Gitmo open in defiance of Congress?

Hint: the Constitution provides a remedy for a lawless President.

Ira Glass' This American Life had a program a couple of weeks ago about Habeas Corpus called "Habeas Schmabeas". It was about Gitmo.
A majority of the prisoners at Gitmo aren't the "worst of the worst" as Cheney/Rumsfeld/Bush say they are. The CIA has those guys at undisclosed locations around the world. Some of the Gitmo guys are there because somebody sold them out for a few pieces of silver. Not scooped up on the battlefield (whatever that means) as Bush says.
After hearing these stories, it's hard not to make the comparison to Nazi or Soviet concentration camps. Dick Durbin had it right when he made the comparison. He had it wrong when he apologized for saying so.
Gitmo is the gulag of a rogue nation.

http://www.thisamericanlife.com/Radio_Archive.aspx

It's all OK with Rush Limbaugh, though. His website has a Club Gitmo section where shittohead fascist wingers can buy orange Club Gitmo gear.

Sorry that you expect her to be greeted as a liberator.

But I notice you haven't answered any of the complaints or criticisms thrown her way.

As for how she's being treated here... I don't see a problem or a need for your lectures.

thosethingswesay.blogspot.com

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Destor23, I just rated Allsburg's post a 5 to counteract your 0. You may obviously disagree about whether or not to be polite to Rep. Harman, but this is absolutely not a troll comment and your rating as such was completely inappropriate.

I am glad to see Harman moving in this direction; and I am certainly happy to see a proposal to close down Gitmo. It is a national disgrace and does the nation serious harm.

Withdrawn like a sullen teenager.

thosethingswesay.blogspot.com

Should also add that what's going on here has nothing to do with being rude to the Representative.

It's about subjecting her to the same criticisms as anyone else and, moreover, about keeping her record straight. She is trying to undo something that she helped enable. Her "post 9-11" rhetoric and her past votes are part of the problem that she's now trying to fix.

What Allsburg has decided to call rude and angry posts actually provide context to what she's posted here of late.


thosethingswesay.blogspot.com

Anything that gets the whole Guantanamo operation closed down, including giving up the lease on the land, has my approval. For that I applaud Congresswoman Harman.

I do wish she could express herself on the subject without resorting to Bushisms though. Al Qaeda is a small threat to our country, along with other small groups of malcontents willing to kill themselves for their cause. There may well be some hardened criminals at GITMO, but I don't believe we have any reason to assume that there are. Just because the Bush administration says something, doesn't mean it is true, and the record shows the odds are that it is a lie.

I am also glad to see Rep. Harman come to her senses about the fake GWOT - she has done that hasn't she?

Hoppy in Sacramento

So what to do with these 'terrorists?'

Many of them have been rejected by their own countries.

If you are a Christian fundamentalist, then your answer would be, "heap coals of fire upon their heads..." by which the passage instructs the believer to be so nice to the Gitmo detainees (the enemies) that they will feel guilty and ashamed of their acts and become 'converted' to friendship.

Hummn... so each Christian community takes in one guy and 'love bombs' him until he's no threat anymore (heh, heh... evil laughter)

Al Qaeda is a small threat to our country, along with other small groups of malcontents willing to kill themselves for their cause. There may well be some hardened criminals at GITMO, but I don't believe we have any reason to assume that there are.

I agree with you - I think that anyone paying attention to Gitmo (and there has been a lot of information to pay attention to - it's a legal black hole, but not so much a news black hole) would realize that there are few high value detainees there, or at least there weren't until recently.  And the individual risk imposed by Al Qaeda is rather small, at least compared to everything else that might do me in on my morning walk.

But I'm not sure, even though I don't like it, that Rep. Harman's rhetoric isn't politically sensible.  I doubt that most Americans would instantly agree with you and I.  Given that, framing the argument in a way that appeals to me ads an extra step to the fight: convincing everyone else that the risks are overblown, and that Gitmo is, er, the San Francisco of the Fog of War (sleep deprivation has hit me hard of late). 

To the extent that the bill accomplishes what you or I might want it to accomplish, then I say use the rhetoric that will be most palatable to most voters.  To the extent that the rhetoric might warp the outcome, of course, well, then I think you choose between bad courses of action (longer debate, likely defeat and more time in Gitmo for the detainees vs., say, continued unjust imprisonment of some in a post-Gitmo world).

Representative Harmon says:

Defense Secretary Gates has admitted as much, arguing the facility should be closed because its "taint" would render any trials held there illegitimate in the eyes of the world.

I agree with Secretary Gates. It is time to shut the prison down.

If the Secretary of Defense argues that "the facility should be closed," why is a bill even necessary?  Guantanamo is a military prison, right?  So close it already, Secretary Gates.  Do the right thing!  And don't take a year to do it.  I would be delighted to see Representative Harmon preempted here (and MHO, so should she be).

aMike

Another case of false dilemma. Harman is a political opportunist as most politicians are. We wish politicians were NOT opportunists, but it does not follow that Harman's calling for the closing of Gitmo --which we support-- implies that we are also supporting her political opportunism, which we don't.

'social society' is a redundant expression. 'moral society' is not, being that there have been and there are societies that are not morally acceptable.

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Allsburg, I've rated the above comment a 5 to counteract your 0 rating. As I defended your comment below, I am tracking back to defend Destor's here.

Troll ratings are for people who are being completely unproductive, not people who you disagree with. Do not abuse the rating system.

I find the opportunism thing to be odd, in a representative democracy.  We dislike political opportunism, preferring, I guess, principled politicians willing to take a courageous stand.  But isn't responsiveness to the electorate just another way to say opportunism?  You can't be both principled and also a genuine representative of those who elected you - we ask our politicians to bend their principles to our will, or at least we should, if we really think this is a democratic republic we're running.  And then we blame them for it.

I think what helps politicians focus is the expression of power, which in a democracy is, in part, manifest by the public's righteous indignation. Personally I think this is better than a situation like we have with Bush who does not bend to the will of the people because of some scruple about personal "prerogative".

Ultimately, in a democracy, the fate of the country rests in the hands of the people. We hope and pray that in the long run the American people will do the right thing. Systems that depend on the judgement of the political class alone, or on the judgement of one individual alone--history has shown--eventually fail. Let's just hope we don't fail.

The Supreme Court brought the curtain down on the Guantánamo legal fiction in its Hamdan decision.

And it was Congress that raised it again with the Military Commissions Act of 2006. Gitmo is one small sliver of the tyrannical pie served by this admin. It is not even the most egregious disregard of habeas. There are American citizens and citizens of all nationalities that have been (and are) detained and tortured without recourse to plead their innocence and many have been found to be innocent in spite of this. These guys are not in a “fog of law” but have created one for those who could stop them- Congress and the media.

I’m not clear as to whether your proposal will fully restore due process to all detainees everywhere and suspects of any status, but this needs to be done. More than anything, habeas corpus is the foundation of our democracy. If Congressional action stops at habeas being restored for Gitmo detainees, Gitmo being closed, and NSLs being “reigned in” Congress is, by neglect, sanctioning the rest of that long list of constitutional abuses by our Supreme Unitary Executive.

If your bill does not repeal the Military Commissions Act, Congress should act to do that. Congress should act to nullify the hundreds of extralegal signing statements. Congress should hold hearings immediately looking coldly and thoroughly into illegal spying and torture holding those truly responsible all the way up the chain of command. Congress should do a genuine investigation into lying the American people into a war.

Right the whitewashes, malfeasance and power grabs that took place during the five years this country was ruled by a plutocracy exploiting the tragedy of 9/11. America has been debased and it will take a process of justice to restore our integrity. If nothing else, Congress should do its job overseeing the executive and prosecute government officials who have broken laws.

The Restoring the Constitution Act, introduced by Chris Dodd in the House, largely repeals the MCA.  

I do hope that we get an answer to your question: is the Harman Bill complementary to the Dodd Bill, or does it include it (and possibly go even further, by repealing rather than just gutting the MCA)? 

Yes I agree Devon. If push comes to shove and I had to choose between a politician either voting her conscience or voting how her constituency wants her to vote, I would--without knowing the details (How Rawlsian that is!)--opt for her to vote what the people want.

This leads me right into the absurdities of utilitarianism though.

Further, don't we want protection from mob rule? Deep questions. They go back to Plato at least.

The best would be for the people to vote principled people into office who if they see that the people's will is misguided or unjust resist caving into the people and uphold morality. But the problem is that even principled people might have misguided ideas. For example people who think that a fertilized egg is a person, or people who think evolution is wrong. They might truly believe this (although I don't think that those three Republicans who raised their hands against evolution really believe that crap) and think they are saving the people from committing an injustice and be dead wrong.

But I'm not sure, even though I don't like it, that Rep. Harman's rhetoric isn't politically sensible.

I'm not so sure that calling Al Qaeda our "biggest problem" helps either the Gitmo situation or the Democrats. Al Qaeda = Terrorism = 9/11. Bush's poll numbers are low, but the one area in which he consistently garners fairly high approval ratings is for his handling of terrorism. From Gallup on Wednesday:

Forty-seven percent of Americans say they approve of the way Bush is handling terrorism. Bush receives 39% approval on the economy, 35% on foreign affairs, and 30% on Iraq.

Why hand him this issue when (a) it is not true, and (b) it is not needed to close Gitmo, which has real reasons like legitimacy, moral black eyes(?), etc.



A casual stroll through the lunatic asylum shows that faith does not prove anything. Nietzsche

Great point. Let's get to the facts... Al-Qaeda threat is overblown. Notion of Iraqi terrorists following us to the US if we pull out is ludicrous.

Let's not play into their narrative.

thosethingswesay.blogspot.com

I think there is a key difference with Harmon -- this is not a case of "the scales falling from her eyes" --- she has been well aware of everything that has been going on. Nor is it a case of her being responsive to her constituency; her district was not demanding a "bush rubber stamp" at any point and then suddenly switched their positions.

Instead, its a case of someone jumping on a bandwagon....then trying to run to the front of the parade as if she was a leader.

My primary point is that while Harmon is doing the right thing now, she is simply not to be trusted. She is motivated by fear of losing her seat, and the minute she feels comfortable again she is likely to return to form -- just as Lieberman temporarily changed his stripes in order to get re-elected, then returned to form once he had gotten back into the Senate.

Harman Must Go

It is she who is "America's moral black eye."

Harman and all the DC Dems that remain smugly complicit with the war criminals squatting in the People's House.

You either demand they be sent to The Hague or you get on the bus with them.

You can't euphemize your way around it.

(Yes, it's just that simple when it comes to torture. And you damn well know it.)

--

Glad to hear there's an effort to close Gitmo. Please, while you're at it, don't forget to close the other secret prisons the US is maintaining overseas. It's time for us to seriously begin looking at the whole legal foundation for detention and interrogation outside the criminal justice system. Within the criminal justice system, we have a wide range of clearly defined checks and balances that protect the rights of the detained. Outside the criminal justice system rules are much less clear. The administration has been able to exploit this ambiguity, claiming on one hand that it can detain certain people under its military powers but on the other hand, insisting that the normal military rules don't apply. We need to create a much clearer body of law that specifies exactly under what situations the government can detain and interrogate people and that disallows detentions and interrogations outside this clearly defined legal framework. The law also needs to specify due process for protecting the rights of the detained and interrogated if they are held outside the ordinary criminal justice system.

With much respect, prisoners of war do not have to be released until the war is over for obvious reasons. The jihad is not yet over. The terrorists realize it as well, and are probably already amazed that we havn't just done what they would do which is cut off the heads of the prisoners. We are already softies in their mind by putting their comrades in prison indefinately, with Koran in hand. I believe the standard prisoner of war policies - including the geneva convention - are all that are necessary to follow. When the jihad is over the prisoners should be flown back to their country of origin.

"In order to erode al Qaida's appeal and dry up its recruiting base, we have to win the battle for the hearts and minds of the next generation of would-be terrorists."

We can't do that. Why would the extremists listen to infidels? It has to come from the muslim / middle eastern community itself. There needs to be a counter jihad. As soon as extremist islam terrorists start blowing up non-extremist muslims, that process will start naturally. I think it is already starting in Iraq, and it should accelerate if we withdraw from Iraq.

The classic exposition on this dilemma was written by Edmund Burke, English Parliamentarian, back in 1774.  The shorter version:  Do we elect a politician for his/her brain or his/her mouth?  The longer Version can be found at The Speech to the Electors of Bristol. 

aMike

I think we're supposed to be electing leaders who have the wisdom to know the difference between the two. When it's important to follow the will of the people and when, as it is sometimes, it's important to stand on a principle.

 

 

Haven't we already released plenty of prisoners because we had nothing on them?

Many of these guys we locked up were basically just lists of names we were given, names which we paid for...

That's the problem. We don't have "terrorists" locked up. We don't even know who we have locked up.

And the more we call this a "war," the more we keep missing the real target. 

 

Our obligation is to define the liberty of all, not to mandate our own moral code. -- SCOTUS that was...