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Executive Order Being Prepped: PEBO to Close Gitmo

January 12, 2009 5:55 PM

ABC News has learned that the Obama Transition Team is working on drafting an executive order for President-elect Obama to sign that would close down the Detention Camp at Guantanamo Bay.

The order could possibly be signed as soon as President-elect Obama's first day in office, Jan. 20, and is likely to be signed that first week after he's been sworn in.

The plans were first reported by the Associated Press.

During his presidential campaign, Mr. Obama called Gitmo a "sad chapter in American history" and pledged to shutter it as soon as he could.

On This Week, Mr. Obama told George Stephanopoulos that "I think it's going to take some time and our legal teams are working in consultation with our national security apparatus as we speak to help design exactly what we need to do."

Mr. Obama said the process of closing the camp "is more difficult than I think a lot of people realize. Part of the challenge that you have is that you have a bunch of folks that have been detained, many of whom may be very dangerous who have not been put on trial or have not gone through some adjudication. And some of the evidence against them may be tainted even though it's true. And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo-American legal system, by doing it in a way that doesn't result in releasing people who are intent on blowing us up."

But Obama didn't mince words about the future of the camp.

"I don't want to be ambiguous about this," he said. "We are going to close Guantanamo and we are going to make sure that the procedures we set up are ones that abide by our Constitution. That is not only the right thing to do but it actually has to be part of our broader national security strategy because we will send a message to the world that we are serious about our values."

-- jpt

January 12, 2009 | Permalink | Share | User Comments (129)

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What will happen to the terrorist at Gitmo? I guess Obama will give them medals and US Citizenships!!!!!!!!!!!!!!

Posted by: jb1879 | Jan 13, 2009 5:37:53 AM

Hmmmm! It is the mainstream news media. They are such a 'liar'. If they do close, it is not Bush's fault. It is Obama's fault.

Posted by: anonymous | Jan 13, 2009 4:51:30 AM

Don't wonder if you get attacked again. You are financing the genocide on Palestinians, provoking Iran into war. You could have stopped it any time. So if you get attacked again you deserved it.

Posted by: Sara | Jan 13, 2009 4:20:40 AM

I not a conspiracy nut but this Obama as President thing is realy wierd!

He is surrounded by Hillary Biden and Bush's NSA and Defence people.

Israel is pushing far into Palestine.

Obama is being set up!

It is a possiblity that he will be shot at on inauguration day by the CIA or a terroist/CIA plot will blow up some people on that day and we will be at war with Iran in a month!

Just like 24 we get a black Presidetn because our guilt will allow us to let him do anything he wants or is told to do.

Or Obama will be shot by a white guy and the Feds will cover it up and blame an Iranian/Muslim and so thay can put down the black uprising and set us up for war.

No matter what Obama was pout in this office for a reason, and usually its man who thinks hes doing it for his reasons and its God doing it for his reasons.

Obama will bring on WW3 and the coming of our Saviour.

He is the one.

Just not the one we think he is.

Obama is the tool.

Posted by: Jack | Jan 13, 2009 4:08:26 AM

50 bucks says Obama will drag this process out soooooooo loooooong we will be hit agin before Gitmo closes and than it wont close cause we will be adding more terrorist to it!

Gitmo will never close!

its like Roach Motel.

They check in but they dont check out

Posted by: Tim | Jan 13, 2009 3:59:05 AM

Thanks pefros for your kind words and I'm glad someone else shares the same beliefs that I have. God bless you.

I'm American, but I don't consider myself such. I'm a human being, like everyone else. I also take great offense to Americans who with their words speak of equality but with their beliefs speak self-righteousness. Their beliefs say they are chosen by birth to lead better lives, to have more rights and privelages, simply because of where they were born.

You know, many other people in human history have held such a belief system. The same beliefs were used to hold up monarchies...that God chose people by birth to rule by divine right.

Hitler used the same belief system to spur on Aryan-supremacy during the Holocaust.

And those who speak daggers against immigrants and gays and liberals and conservatives and Muslims and Jews and Christians and blacks and whites and Asians...anyone whose beliefs are based in racism and near self-divininity, you have much in common with the people I mentioned above.

Posted by: Mark | Jan 13, 2009 2:43:38 AM

I agree with Mark. The presumption BertieW makes that Americans somehow deserve rights that other peoples of the world don't is supremely offensive.

This same arrogance has applied to thinking America has the right to change the government of other countries, drop tons and tons of bombs on other countries, remove the resources of other countries and so on.

And no BertieW, regardless of your presumptions about truth and rights, you do not have the right to presume people are guilty.

No wonder large parts of the world looks at America as arrogant and hypocritical.

Posted by: pefros | Jan 13, 2009 2:21:10 AM

There are two etained people Bush should pardon poste haste.
The two border gaurds trying to enforce laws on the books, during the Bush flood gates open policies.
If Obama is to release prisoners the first day on the job, he should look at these two law enforcement officers caught in a political mess.

Posted by: woman citizen | Jan 13, 2009 2:20:58 AM

An over zelous jump is an improper move by Obama.
The combatant detainees should be handled carefully and not returned to Iraq or to supporters of their activity.

The POW camp is part of war. Every war and every Country has had them.
The terrible part of war is that it is hell.
I think detaining dangerous people as political prisoners should be humane. It is better to convince them we are good and not enemies to kill.

When war is resolved and over, they should go home to a Country unwilling to let them fight. They should be well fed and healthy when they arrive.

We have an option. Let press roam in Gitmo to see how they are treated to teach the enemies how not to behead and kill captured soldiers.

Posted by: woman citizen | Jan 13, 2009 2:10:40 AM

"I will pray for you."

Thanks.

The Constitution obviously outlines the right of citizens- not foreign combatants. That stuff about voting- not for them either.

On January 9th the Washington Post reported on a CIA predator strike killing top AQ guys "[Usama al-]Kini, who had been pursued by U.S. law enforcement agencies on two continents for a decade, was the eighth senior al-Qaeda leader killed in clandestine CIA strikes since July, the officials said."

Tisk tisk. 8 senior AQ guys actually knocked off, not just detained, without habeas corpus, examining evidence lawyers on MSNBC.

Is Obama going to let that continue?

Posted by: BertieW | Jan 13, 2009 2:09:07 AM

"You can not presume all of them are guilty. We presume some of them are guilty and some will be proved guilty."

Yes I can. None of these people are US citizens, so I am perfectly free to assume they are guilty.

And you are still ducking the question of what to do about the class of people who are 'known' guilty but arent proveablly so. If you bring them into the US, verses GITMO, you are going to have rules of evidence that decrease your ability to get a conviction. Plus you are going to have attorneys falling over each other to defend them so they can be the next William Kunsler.

"That will be discovered as a better process is applied, and there is no reason to believe a good resolution won't be found."

Magic smoke. There is no logic in believing that a magic process is going to evolve that will introduce conviction level evidence.

Posted by: BertieW | Jan 13, 2009 1:50:55 AM

The Bastille will be closed? Obama finally doing something right.

Posted by: Mark | Jan 13, 2009 1:36:12 AM

So far almost none of these people have been proved guilty. You can not presume all of them are guilty. We presume some of them are guilty and some will be proved guilty. Some of them are probably innocent. There may be some who are guilty but can't be proved guilty. That will be discovered as a better process is applied, and there is no reason to believe a good resolution won't be found.

A difficult situation, but no reason to believe a good resolution won't be found.

Posted by: pefros | Jan 13, 2009 1:32:10 AM

"Almost none of these people have been proved quilty of anything. Some will be found guilty. For some there will be no proof and perhaps no guilt. It's quite likely that some are not guilty at all."

You left out the inverse- most likely most of these people are guilty. But that is not the same as everyone being provable- to some unnamed standard with unknown rules of evidence- guilty.

And you are convince that the right thing to do is to let these guys go?

Posted by: BertieW | Jan 13, 2009 1:22:36 AM

Yes, it does sound like he's going to handle the situation in the best way possible.

Almost none of these people have been proved quilty of anything. Some will be found guilty. For some there will be no proof and perhaps no guilt. It's quite likely that some are not guilty at all.

I'm glad to see the United States will be moving in a better direction.

Posted by: pefros | Jan 13, 2009 1:03:23 AM

"some ignorami here pretend that all interees will be "set free" because they are felt to be innocent. strawmen - you falsely put words and motives in others."

whats the strawman- Obama just said "doing it in a way that doesn't result in releasing people who are intent on blowing us up."

So thats obviously one end of the spectrum.

Another end is you maintain them in a clean comfortable prison so they can no longer be enemy combatants.

If Obama transfers them somewhere else, maybe into the United States proper, and gives them a trial by some sort of rules, what will the result be. He just framed the problem- if the legal standard is "beyond a reasonable doubt" but the events took place half a world away on an improvised battlefield with witness who may be scare now, how do you get to that level of certainty?

Obama himself just framed this as an issue of setting free people you 'know' to be guilty because you cant get a conviction under the legalistic approach.

BTW- how long can Obama keep Gitmo open before you want to ship him off to the Hague? One month? Two?

Posted by: BertieW | Jan 13, 2009 12:35:19 AM

The U.S. doesn't want them. No state will accept them. No other country wants them. We can't set them free. Where do they go? After we settle these minor problems, I know where they will stay! Gitmo.

Posted by: Mihann | Jan 13, 2009 12:14:48 AM

there is nothing "softer and gentler" about morality. Obama gets it: Guantanamo's mere existence is immoral. it says clearly "we are not bound by *any* laws, neither of god nor man." and those who support its continuance are similarly lacking. some ignorami here pretend that all interees will be "set free" because they are felt to be innocent. strawmen - you falsely put words and motives in others. let them receive justice - not purgatory. close Gitmo and regain America's soul.

Posted by: bajacalla | Jan 13, 2009 12:02:05 AM

Problem with people is they can't read, but only see their own biases.

"Part of the challenge that you have is that you have a bunch of folks that have been detained, many of whom may be very dangerous who have not been put on trial or have not gone through some adjudication. And some of the evidence against them may be tainted even though it's true. And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo-American legal system, by doing it in a way that doesn't result in releasing people who are intent on blowing us up."

President Elect Obama

Posted by: pefros | Jan 13, 2009 12:01:44 AM

Whatever radical things(like this) that Obama does as president, just hope for a backlash.

Posted by: WindUpGuy | Jan 12, 2009 11:59:04 PM

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