Today the White House released its executive order on indefinite detention and announcing that military commissions charges will be filed. Based on first read everything I wrote a few months ago about the EO is still true: The process enshrines a key element of Bush-era national security policy while making it marginally more fair.
They also released this statement from the president, in support of the use of federal trials to prosecute terrorists:
“From the beginning of my Administration, the United States has worked to bring terrorists to justice consistent with our commitment to protect the American people and uphold our values. Today, I am announcing several steps that broaden our ability to bring terrorists to justice, provide oversight for our actions, and ensure the humane treatment of detainees. I strongly believe that the American system of justice is a key part of our arsenal in the war against al Qaeda and its affiliates, and we will continue to draw on all aspects of our justice system – including Article III Courts – to ensure that our security and our values are strengthened. Going forward, all branches of government have a responsibility to come together to forge a strong and durable approach to defend our nation and the values that define who we are as a nation.”
The Pentagon released this one from Defense Secretary Robert Gates:
I have today rescinded my prior order suspending the filing of new military commission charges. I issued the prior order to permit the new administration time to conduct a comprehensive review of the status of each Guantanamo detainee. That review is now complete. In addition, there have been a number of key reforms to military commissions brought about by the Military Commissions Act of 2009 and other efforts. I also support the other initiatives announced today. In addition to bringing detainees to justice in reformed military commissions, I believe that it is important that we maintain the option of prosecuting alleged terrorists in federal courts in the United States. For reasons of national security, we must have available to us all the tools that exist for preventing and combating international terrorist activity, and protecting our nation. For years, our federal courts have proven to be a secure and effective means for bringing terrorists to justice. To completely foreclose this option is unwise and unnecessary."
Look, you can say you "strongly" believe anything, but when push came to shove the administration acquiesced to a ban on DoD funds for transfers of Gitmo detainees to U.S. soil for trial without much pushback. While the administration has vowed to fight these restrictions going forward, I'm not sure what these strongly worded statements are supposed to accomplish in the absence of anything resembling resolve from Democratic legislators on the issue.
