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Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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Bush to Close Guantanamo?
July 02, 2008 7:06 PM
President Bush will soon decide whether to close Guantanamo Bay as a prison for al-Qaeda suspects, sources tell ABC News. High-level discussions among top advisers have escalated in the past week, with the most senior administration officials in continuous talks about the future of the prison camp at Guantanamo Bay--and how it will be dramatically changed and/or closed in the wake of the Supreme Court's ruling that gave detainees there access to federal courts.
Sources have confirmed that President Bush is expected to be briefed on these pressing GTMO issues--and may reach a decision on the future of the naval base as a prison for al Qaeda suspects--before he leaves for the G8 on Saturday. An announcement, however, is not expected before he leaves the country.
High-level administration officials say the Court's decision dramatically changes the legal landscape--and raises questions about whether the government has solid evidence to present to federal judges to justify ongoing detentions.
That evidence, much of it classified and obtained by military and CIA personnel on the battlefield, is not the standard kind of proof judges are accustomed to seeing in regular criminal cases here, administration officials say. The documents do not contain the kind of detail—or include sources of that information—that’s typical in criminal cases, sources say.
Late last month for example, a federal appeals court in Washington said the government failed to prove its case with one detainee from China. The administration fears that's a sign of things to come—in light of the Supreme Court’s ruling giving other detainees even broader habeas corpus rights to challenge their detentions in court, sources tell ABC News.
Of course, there is generally wide agreement--from Defense Secretary Robert Gates, Secretary of State Condoleeza Rice and even Bush himself--that GTMO should eventually be closed. But the Court ruling could well hasten that move, since it undercuts the main reason to keep the detainees there. A key reason for imprisoning the detainees at GTMO in the first place was the belief that they would not have access to the courts, since they were not on U.S. soil.
The recent discussions---which have involved numerous meetings with the most senior advisers to the President--the Principals--are about how to handle the some 260 detainees still imprisoned at GTMO. Should they be brought to the United States, and where, of course, to put them if they are to be imprisoned in this country?
Bush has not decided whether he will announce that GTMO should be closed, sources say. But at the very least, sources say, he will soon announce a host of these legal and policy changes that will force Congress to come up with a solution--including where to imprison those detainees if GTMO does, in fact, shut its doors.
July 2, 2008 | Permalink | User Comments (226)
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Actually they do; ask the Supreme Court about their most recent decision.
Posted by: AD | Jul 2, 2008 8:36:44 PM
Yes, they will close it...and turn it into a tourist and vacation spot. Of course, this will happen right after the US and Cuba finally come to some noble agreement with the sanctions lifted, free trade, and travel between both countries allowed. Then Americans can travel to to Cuba and enjoy the new mega resort and casino that will be built there. Of course, McCain will be in Cuba as this major policy and diplomatic agreement is made.
Posted by: Jake | Jul 2, 2008 8:37:11 PM
You execute the terrorists and you make them maryters.If they are found guilty keep them in a prison and none of the coddling we give our own murderers etc.Most of the murders rapists child molesters etc have it pretty good now days except for being locked up.food on the table a place to live cable TV etc.A lot of people don't have that and they have done nothing wrong.People forget these people who are terrorists think dying for the cause is a good thing.
Posted by: jojobo1 | Jul 2, 2008 8:37:20 PM
The Geneva convention is agreed to by governments. Individuals who ignore this in the name of jihad or other extremism don't get the protection this affords. That being said, they need to either bring these enemy combatants before a military tribunal and determine if they are guilty or innocent and then deal the justice that is entitled to them. Holding them serves not purpose. We are not holding them to obtain additional intelligence and anything we get from now has little meaning.
America owes it to itself to treat these individuals with the respect they deserve based on the evidence. If they truly are terrorists then treat them as such and eliminate them. If they are not then take them back to their habitat and free them. If you want to track them and monitor them put a wildlife tracker on them and see what refuse rises to the top. I am sure there will be mistakes made in dealing with these prisoners but at least many of them have paid a high price just for being detained for 4+ years.
Posted by: Rubicon | Jul 2, 2008 8:39:56 PM
Since when did Osama Bid Laden get rights from the US? Oh that's right the Dems gave them to him. Suspected terrorists are not apart of any formally recognized military (except for maybe the Iranian QUDS). So that means if we capture them for doing something that might hurt American Service Members, then they have no rights at all. The Supreme Courts made it easier for them to get released just so then can go back out into the wild and continue their mayhem and destruction on American Service Members.
Terrorists are cowards that shouldn't get the same rights as an endangered species. But the Dems want them free to kill our men and women over there.
Posted by: Rob | Jul 2, 2008 8:44:28 PM
viking, thousands of Germans were prisoners all throughout the USA during WWII and none of them stood trial or got Habeas. That's our history and our legacy. while the same war is going on where combatants were captured, keep them prisoners til it's over.
Posted by: RedTeam | Jul 2, 2008 8:44:34 PM
Execute the terrorist on the way out.
Posted by: Wayne | Jul 2, 2008 8:46:40 PM
All I can say is REDENTION. Send them to their home countries and let their own people torture then kill them. Or, we can treat them according to the Geneva Convention and execute them for being unlawful combatants out of uniform.
Posted by: Thomas | Jul 2, 2008 8:47:19 PM
Sure, close it, what's the fun of having it if the Supreme Court says we can't hold people indefinitely and torture them anymore? Who knows, we may even set a few innocent people who never got to talk to a lawyer free. Bonus!
Posted by: Bob Scofield | Jul 2, 2008 8:48:08 PM
I agree with earlier posts - let Harry & Nancy take the terrorists home.
Posted by: A. Lendel | Jul 2, 2008 8:50:48 PM
Unfortunately, the Supreme Court made a poorly craft political decision.
Perhaps, this ruling means that these enemy combatants should have been killed on the battlefield since other then a few truly high profile Al Qaeda members, it would be extremely hard to convict any of these Islamists in the US court system when standard is beyond a reasonable doubt. In a war zone, you often don't have the luxury of having many investigators gather evidence.
George Bush has made many mistakes but he is pretty much 100% right on Guantanamo. The Geneva convention should and the US Constitution should NOT apply to these religious THUGS since they are not soldiers of a country and they were captured outside of the US. The US could make peace with Germany, Japan, Korea or any other country and have those treaties followed. Those soldiers would stop fighting pretty much the minute their governament said... "war is over" since there is a chain of command that is respected.
Trying making peace with a groups of islamic fanatics/terrorists. If Bin Laden put out a fatwa saying make peace with the US, most Islamists would ignore him. The US and many other countries will only see these radical islamists on the battlefield again and that battlefield could be any city in America or a train in Spain, UK, Germany etc. It will take another 911 or something worse to wake this country up.
The Geneva convention SHOULD be followed with no exceptions if the US got into a war with Iran or any other country etc but jihadists that are not operating under the control of a government should be treated differently because they behave differently and the Geneva Convention wasn't designed with these radical religious thugs in mind.
Posted by: Dan | Jul 2, 2008 8:53:33 PM
Why close Guantanamo? There is no reason to close it. Guantanamo was a stroke of brilliance from the beginning, and whoever thought of it ought to be commended. It is only the nitwits of the extreme left who have a problem with Guantanamo. In prior wars, the populace of our country was not clamoring for the "rights" of our enemies, as these nitwits do today. When the war is over, the prisoners will be repatriated to their home countries, as in the past. Then we can hold a war crimes trial for those who engaged in atrocities, such as Khalid Sheik Mohammed. That is how we did it in World War II, and that is how we should do it now. Quit crying for these people. They are the ones who started this war. They knew the consequences and chose to take the risk. They got caught, and they are going to just have to sit there for now. We are treating them as humanely as we can. (Far more decent than our enemies have ever treated their captives.) These people are no different than captives from prior wars. Hey, sorry to break it to you lefties, but war is not a nice thing. Maybe the next time someone decides to start a war with the USA, they will think again.
Posted by: Doug | Jul 2, 2008 8:53:54 PM
thank you jmtlaw . you said what i wanted to . better and more to the point than i had the patience to .
Posted by: dave | Jul 2, 2008 8:56:01 PM
Isn't it amazing that the licentious behavior of the leftist's and liberals is why the Islamo-Facists want to kill us and it is the leftists who think if we just sing kum bi ya with these murdering thug bastards they won't hate us anymore?
Posted by: Thomas | Jul 2, 2008 8:56:06 PM
This is just another shell game. Bush is doing this to try to help deflect the flak that McCain is getting over his torture flip-flop. But don't beLIEve the hype. They already have "suspected terrorists" put on US ships docked just off the coast of Spain and other countries where they can hold, detain and torture at will anyone they choose. Just because they close Gitmo, does NOT mean that the torture ends. They just move it offshore, like American jobs. This administration and it's enablers (Pelosi, Reid) are criminals. And should be prosecuted for war crimes and crimes against humanity. They have violated every American and international law pertaining to due process and the right to face your accuser and the evidence against you in court. This is fascism of the worst kind.
Posted by: pity | Jul 2, 2008 9:03:12 PM
for the past 30 years , everytime the united states threatened military force , the democrats screamed "it will be another vietnam , a qaugmire neverending". the rest of us said "no, never again . no more wars fought by politicians." congratulations! to the democrats . you have worked your asses off to make your new vietnam. you have done everything to tie the hands of our military . even thrown the supreme court at them !. do you feel young again , ms. pelosi , jane fonda , etc. ?
Posted by: dave | Jul 2, 2008 9:08:44 PM
Releasing the Gitmo prisoners back onto the battlefield is only going to make our troops more reluctant to take prisoners.
Good job, libs!
Posted by: Larry | Jul 2, 2008 9:11:27 PM
The closing of the prison is election year politics.
Posted by: Oliver | Jul 2, 2008 9:13:16 PM
too little, too late
Posted by: jock59801 | Jul 2, 2008 9:14:17 PM
Guantanom should close. McCain has had the courage to say so. I've never heard Obama even speak about it. What kind of Democrat is he anyway? Self-serving?
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Posted by: WestCoastMessenger | Jul 2, 2008 9:14:29 PM
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