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Obama lied about closing Guantanamo and reinstating habeas corpus

By Glenn Greenwald:

A 48-year-old Afghan citizen and Guantanamo detainee, Awal Gul, died on Tuesday of an apparent heart attack.  Gul, a father of 18 children, had been kept in a cage by the U.S. for more than 9 years — since late 2001 when he was abducted in Afghanistan — without ever having been charged with a crime.  While the U.S. claims he was a Taliban commander, Gul has long insisted that he quit the Taliban a year before the 9/11 attack because, as his lawyer put it, “he was disgusted by the Taliban’s growing penchant for corruption and abuse.”  His death means those conflicting claims will never be resolved; said his lawyer: ”it is shame that the government will finally fly him home not in handcuffs and a hood, but in a casket.”  This episode illustrates that the U.S. Government’s detention policy — still — amounts to imposing life sentences on people without bothering to prove they did anything wrong.    

This episode also demonstrates the absurdity of those who claim that President Obama has been oh-so-eagerly trying to close Guantanamo only to be thwarted by a recalcitrant Congress.  The Obama administration has sought to “close” the camp only in the most meaningless sense of that word:  by moving its defining injustice — indefinite, due-process-free detention — a few thousand miles north onto U.S. soil.  But the crux of the Guantanamo travesty — indefinite detention — is something the Obama administration has long planned to preserve, and that has nothing to do with what Congress has or has not done.  Indeed, Gul was one of the 50 detainees designated by Obama for that repressive measure.  Thus, had Gul survived, the Obama administration would have sought to keep him imprisoned indefinitely without any pretense of charging him with a crime — neither in a military commission nor a real court.  Instead, they would have simply continued the Bush/Cheney policy of imprisoning him indefinitely without any charges.

There’s one other aspect of this episode that warrants attention.  In its 2008 Boumediene decision, the Supreme Court struck down the provision of the Military Commissions Act which denied habeas corpus review to all detainees, and ruled that Guantanamo detainees at least have the right to a one-time review by a federal court as to whether there is credible evidence to justify their detention (a far less rigorous standard than the one that applies if they’re charged with a crime and the state has to prove their guilt beyond a reasonable doubt).  Gul had filed a habeas petition and it was fully argued before a federal court back in March — 11 months ago.  The federal judge never got around to issuing a ruling. 

Obama promised to stop indefinite detentions, torture and close Guantanamo. Since his election, he’s consistently reaffirmed his commitment to indefinite detention by embracing the policy whole-heartedly, he continues to use torture (sleep deprivation and solitary confinement at least) on defenseless prisoners who have never seen the inside of a courtroom, and his best efforts to close Guantanamo have been to attempt to move the prison (without changing anything that happens there) to US soil (which failed anyway).  Remind me again why I should vote to reelect Obama?

Filed under Obama Torture Habeas Corpus Greenwald vote third party

  1. jjarichardson reblogged this from jonathan-cunningham
  2. timekiller-s reblogged this from rantingnraging and added:
    This makes it a bit harder to consider that prospect in bold. Guantanamo and these prisoners held w/o charges is a big...
  3. rantingnraging reblogged this from jonathan-cunningham
  4. clowchan reblogged this from jonathan-cunningham and added:
    Haven’t you guys realised yet ALL PRESIDENTS AND POLITICIANS (regardless of party they align with) IN THE US lie?
  5. infinitecircuit reblogged this from jonathan-cunningham
  6. iconoclasticallyqueer reblogged this from jonathan-cunningham and added:
    I’m really angry about this. In my opinion, this, along with the other Bush policies he’s continued, makes him culpable...
  7. upbeatbox reblogged this from jonathan-cunningham
  8. pissingonmyfeet said: and is anyone surprised by that… he’s an american politician, he lies, that’s his job… he’s just as much a creep as Bush maybe worse.
  9. pantslessprogressive said: Reminds me once again that “liberal” is the definition, but “progressive” is the agenda. Hence, this agenda is far, far away from the latter.
  10. peaceiseverystep said: been sayin this for forever… meet the new boss, same as the old boss
  11. jonathan-cunningham posted this