It’s official.
A “nation of laws” has new meaning.
President Obama yesterday signed an Executive Order which, as The Washington Post described it, "will create a formal system of indefinite detention for those held at the U.S. military prison at Guantanamo Bay" and "all but cements Guantanamo Bay's continuing role in U.S. counterterrorism policy."[...]
I'm writing about this merely to address the excuse from the White House and its loyalists that the fault for this policy, this inability to "close Guantanamo," lies with Congress, which forced the President to abandon his oft-stated campaign pledge.
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The preservation of the crux of the Bush detention scheme was advocated by Obama long before Congress' ban on transferring detainees to the U.S. It was in May, 2009 -- a mere five months after his inauguration -- that Obama stood up in front of the U.S. Constitution at the National Archives and demanded a new law of "preventive detention" to empower him to imprison people without charges: a plan the New York Times said "would be a departure from the way this country sees itself." It was the same month that the administration announced it intended to continue to deny many detainees trials, instead preserving the military commissions scheme, albeit with modifications. And the first -- and only -- Obama plan for "closing Guantanamo" came in December, 2009, and it entailed nothing more than transferring the camp to a supermax prison in Thompson, Illinois, while preserving its key ingredients, prompting the name "Gitmo North."
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As as happened over and over, while progressives and civil libertarians are furious about the new Order, former Bush officials and right-wing Warriors are ecstatic.
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As always, the most harmful aspect of the Obama legacy is that he has converted what were once controversial right-wing Bush policies into unchallenged bipartisan consensus, to endure indefinitely and without any opposition from either party. And, to underscore the point once more: Obama's plan as President (as opposed to as a candidate) was never to dismantle the Bush/Cheney system at Guantanamo; before Congress acted at all, his only objective was to preserve its core, defining features and then move that system to Illinois.
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