Gitmo to Close

Remember this gem from Glenn Reynolds yesterday.

OBAMA IS BACKTRACKING ON CLOSING GUANTANAMO BAY any time soon. Apparently he’s concluded that it’s not as easy as it sounded back during the campaign.

The Associated Press reports President-elect Barack Obama will close Guantanamo Bay the first week of his administration. Obama will use an executive order to issue the closing of the detainee facility.

My take continues to be Obama is committed to closing Guantanamo Bay. Obama sees Gitmo as a political and civil liberties disaster. Sec. of Defense Robert Gates lobbied to close Gitmo since 2007. Gates has a President-elect that will allow him to implement his policy.

Glenn Greenwald is upset Obama isn't closing Guantanamo Bay the first day of the administration.

As Talk Left's Jeralyn Merritt documents, Obama today rather clearly stated that he will not close Guantanamo in the first 100 days of his presidency. He recited the standard Jack Goldsmith/Brookings Institution condescending excuse that closing Guantanamo is "more difficult than people realize." Specifically, Obama argued, we cannot release detainees whom we're unable to convict in a court of law because the evidence against them is "tainted" as a result of our having tortured them, and therefore need some new system -- most likely a so-called new "national security court" -- that "relaxes" due process safeguards so that we can continue to imprison people indefinitely even though we're unable to obtain an actual conviction in an actual court of law.

There is no question many innocent men were sold to the CIA by Afghan tribal lords and Pakistani officials. Corrupt men sold other men to the CIA for quick cash. That doesn't mean Gitmo doesn't have dangerous terrorists. Obama can't release these men. Prosecution is difficult because of confessions given under torture. Greenwald too easy dismisses the dilemma facing Obama.

Greenwald knows Obama appointed Dawn Johnsen to the Office of Legal Counsel. Greenwald called the appointment "may be Obama's best yet." Johnsen wrote a Slate op-ed condemning the OLC authorizing the White House to use torture in interrogations.

I want to second Dahlia's frustration with those who don't see the newly released Office of Legal Counsel (OLC) torture memo as a big deal. Where is the outrage, the public outcry?! The shockingly flawed content of this memo, the deficient processes that led to its issuance, the horrific acts it encouraged, the fact that it was kept secret for years and that the Bush administration continues to withhold other memos like it--all demand our outrage.

Obama is surrounding himself with people against torture. What Greenwald and Jeralyn Merritt want Obama to be confrontational. That is not Obama's style. Obama will never be John Conyers or Howard Dean. Obama will use popularism to pass his agenda. That is how he got elected. That is how he will govern and it will drive progressives crazy.