Eight Years of Guantánamo: What's Changed?

by Frida Berrigan

http://www.commondreams.org/view/2010/01/11-0

The first 20 detainees arrived at Guantanamo's Camp
X-Ray eight years ago, on January 11, 2002. Just over
seven years later, President Barack Obama-on his second
full day after taking office-issued an order to shut
the prison within a year.

His rhetoric was clear and decisive. "There is no time
to lose," he said, remarking that the United States can
fight terrorism without sacrificing "our values and our
ideals." To that end he committed to real change: "I
can say without exception or equivocation that the
United States will not torture. Second, we will close
the Guantanamo Bay detention camp and determine how to
deal with those who have been held there."

That was January 22, 2009. But the Obama administration
has failed to close the facility, where-by many
accounts-inmates were harshly interrogated and even
tortured, by its own deadline. Now there's talk that
the prison will remain open at least through 2010. And
the proposal to move detainees to a maximum security
prison in Illinois superficially retires Guantanamo as
a symbol, while retaining the legal problems it
embodies. Equally troubling is the administration's
expansion of detention facilities in Afghanistan that
are almost impenetrable for lawyers and humanitarian
groups.

The "prolonged detention" without charge or trial that
Obama plans for some inmates strips detained men of
basic legal and human rights, more deeply corrupting
American governance with the reckless assertion of the
executive's near-limitless power.

The barely foiled Christmas Day attack by a suicide
bomber aboard a flight to Detroit exposed ongoing
weaknesses in our multi-billion-dollar security
apparatus. But its aftermath has revealed how our
ideals continue to falter, as Obama's policies mirror
those of his predecessor and fail to match his own
high-minded rhetoric.

The response to Flight 253 hasn't only been long lines,
body scans at airports, and mea culpas from security
agencies. There are also swift, loud and vicious
proclamations from Republican leaders and conservative
media that the only way to ensure security is to blast
at our enemies and the rule of law with both barrels.
Send "underwear bomber" Umar Farouk Abdulmutallab to
Guantanamo and keep the prison open forever. Suspend
plans for civilian trials of terror suspects. Revive
"enhanced interrogations." Summarily execute al-Qaeda
suspects.

The Obama administration hasn't publicly challenged
this nonsense. It has, however, already made a sad
concession to this fear-mongering by suspending the
release of all Yemeni men from Guantanamo, even those
who have been cleared through the government's
extensive Guantanamo Review Task Force. This decision,
which condemns innocent men to months or years of more
illegal detention, confirms a pattern of the Obama
administration promising change but delivering more of
the same. No less troublesome are a host of other Obama
administration policies: the continued practice of
rendition and operation of secret prisons; the planned
use of use Bush-style military commissions to try some
detainees; the expansion of the Bagram prison in
Afghanistan and the denial of habeas rights to inmates
there not captured on the Afghan battlefield; the
repeated, tendentious use of the "state's secrets"
defense to block lawsuits by former detainees seeking
redress for their mistreatment; and the effective grant
of immunity to those who designed, ordered, and
executed torture policies under the Bush
administration.

In a worrisome sign of possible things to come, the
Bush-appointed Judge Janice Rogers Brown recently
asserted in an opinion rejecting the habeas petition of
a man held at Guantanamo that the war against terrorism
thrusts us into a new paradigm, "one that demands
[that] new rules be written...War is a challenge to
law, and the law must adjust."

That's exactly the opposite of what must happen. The
law needs our president as an authentic advocate-not
just in words but in deeds-when times are "hard" and
war rages. This is the case right now. To do anything
else is to condemn this nation to a free fall into the
"dark side" where Dick Cheney seems so comfortable. (c)
2010 Distributed by Minuteman Media

Frida Berrigan [1] is a Senior Program Associate at the
New America Foundation's Arms and Security Initiative
[2] (ASI). She is a columnist for Foreign Policy in
Focus [3] and a contributing editor at In These Times.
Weapons at War 2008: Beyond the Bush Legacy [4],
co-authored by Berrigan and William D. Hartung, is an
examination of U.S. weapons sales and military aid to
developing nations, conflict zones, and nations where
human rights are not safeguarded.
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