Crossroads
By

Jan Crawford /

CBS News/ March 7, 2011, 7:14 PM

Obama effectively continues Bush's Gitmo policy

Obama Guantanamo Bay gitmo AP Graphics
President Obama today approved the resumption of military trials at Guantanamo Bay for those detainees designated by the Justice Department for the military justice system. New military trials at Guantanamo were stopped in January 2009 by Defense Secretary Robert Gates pending a review of US detention policy.

It's worth taking a minute to stop and consider that this is coming from a President who, as a U.S. Senator, repeatedly blasted George Bush's detainee policies and referred to Guantanamo as a "legal black hole" that he said he'd close within a year of taking office. Today, he is in some ways preserving a system the Bush Administration created.

Senior administration officials this afternoon were going to great lengths to say these are NEW and IMPROVED policies that both protect national security and preserve American "values." And they do provide more protections for detainees. But the changes really are just tinkering with the margins of the system that Bush set up.

For example, the most controversial component of the Bush Administration's legal terror policies was the notion that the government could hold certain suspects at Guantanamo indefinitely, without charging them with a crime. That policy of so-called "indefinite detention" was once considered so lawless that civil liberties groups said it put America in the same league as a tyrannical, despotic state.

But Obama signaled 18 months ago that he was going to continue the policy, and today he did so officially by Executive Order.

Alleged mastermind of USS Cole bombing could get first new trial at Gitmo

Senior officials this afternoon insisted that Obama's "indefinite detention" policy is different--more lawful and more respectful of detainees' rights--than Bush's policy of indefinite detention.

Under Bush, for example, enemy combatants went before an administrative board once a year to see if they still should be detained. Under the Obama policy, those reviews will take place every six months. Under Bush, the detainees had a "personal representative" who presented their cases. Under Obama, the detainees will have a "personal representative" who presents their cases and who can see more of the evidence. And they can also can get an outside lawyer if they so choose. Another difference? Under Bush, the administrative boards had three military officials who reviewed the cases. Under Obama, the boards will have SIX officials from different government agencies.

"Important changes," a senior administration official said this afternoon.

But these changes are a far cry from what President Obama indicated when he was candidate Obama -- and a long way from what his supporters on the Left thought he would do if elected.

© 2011 CBS Interactive Inc. All Rights Reserved.
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    Jan Crawford is CBS News Chief Political and Legal Correspondent. She is from "Crossroads," Alabama.

25 Comments Add a Comment
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jimbom121 says:
Funny how she neglects to mention that the closing of Gitmo has been blocked by Congress--both parties.
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imnho says:
I think that Obama wouled have closed the place if the politcal support was there. He basically had to accept what became politcal reality. A trial in New York would be costly and a bit of a security nightmare.

The way his oppponets we able to define the politcal arguement was sucessful in undermining his prposal to the point where it was no longer viable.
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babooph says:
2012 is coming-I have to decide if I will vote for the republicans on the republican ticket or the republicans on the democratic ticket,I am told it is important to vote....
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wfw3536 says:
Another broken promise of Obama. And now we are hearing how they are treating our own soldiers who are in prison. How sad he does not stand up for what he ran on two years ago.
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guyfrompa46 says:
to all you libs.. We told you so. Suck it up you clowns voted for this idiot
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gimmeAdangBreak says:
If being a one term president is a first in a long time, well then, as John Lennon or Paul McCartney put it, "Let It Be". He can't face the truth, and has to go.
Let us dump ObamaCare first. Then hisself.
I hope Libya solves itself peacefully, because it looks like he is sitting on his finger(s), waiting for Hilary to do something.
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clydealan2 says:
Frankly I think we should bring them here, put them on trial and show the entire world what our justice system is all about. We have the best in the world so why not showcase it and at the same time demonstrate compassion our enemies do not have.
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robert_green says:
testing
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freeamerica31 says:
I can say I agree with the President's decision regardless of his promises or his politics as a Senator. This was the right decision. These people don't belong on permanent U.S. Soil and should be shot if found to have been linked to any of the forces fighting us overseas. I agree I want them tried and sent to their maker. For those who would disagree, I would say go pick up a weapon and defend this country and you'll understand what I'm talking about. For those who don't believe in either of those wars....I agree but that doesn't relieve the soldiers in combat of their duties. I again urge those who don't understand... live the life, take the oath and defend your country. I assure you after living the life you will have a different perspective.
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Empire--George--- says:
by slownewsdayomewannagohome March 8, 2011 3:29 PM EST
You must be new to politics, as well.

by slownewsdayomewannagohome March 8, 2011 12:20 PM EST
Are you new to politics, Larry

by slownewsdayomewannagohome March 8, 2011 3:29 PM EST
You must be new to politics, as well

Everyone new to politics ? or is it you, that doesn't understand.
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