Judge OKs Obama's Gitmo Trial Suspensions

President Requested 120-Day Suspension To Review Legal Process For Prosecuting Terrorists

(CBS/ AP)  A military judge agreed Wednesday to President Barack Obama's request to suspend the Guantanamo war crimes trial of Canadian Omar Khadr, accused of killing an American soldier with a grenade in Afghanistan in 2002.

It is the first in a series of delays sought by Obama as his administration reviews the legal system for prosecuting alleged terrorists.

Army Col. Patrick Parrish, the judge in the case, issued a written order granting the 120-day suspension without a hearing.

Later, a judge is to consider suspending the case of five men charged in the Sept. 11 attacks.

In the motion filed for the Sept. 11 case, U.S. military prosecutor Clay Trivett said a continuance is necessary in all pending cases because the review may result in significant changes to the system.

"The interests of justice served by granting the requested continuance outweigh the interests of both the public and the accused in a prompt trial," Trivett wrote. He said the motion was written at the direction of the president and defense secretary.

"It will permit the newly inaugurated president and his administration to undertake a thorough review of both the pending cases and the military commissions process generally," he added.

Human rights groups at Guantanamo to observe this week's session of the war crimes court welcomed what appeared to be the looming end of the special tribunals.

"It's a great first step but it is only a first step," said Gabor Rona, international director of Human Rights First. "The suspension of military commissions so soon after President Obama took office is an indication of the sense of urgency he feels about reversing the destructive course that the previous administration was taking in fighting terrorism."

Mr. Obama has said he will close Guantanamo, where the U.S. holds about 245 men, and had been expected to suspend the widely criticized war-crimes trials created by former President George Bush and Congress in 2006.

The president's nominee for attorney general has said the so-called military commissions lack sufficient legal protections for defendants and that they could be tried in the United States.

But CBS News foreign affairs analyst Pamela Falk says the new American leader faces a significant challenge in closing the prison camp. Mr. Obama needs to figure out what to do with the detainees already cleared for release, the detainees deemed low-level criminal suspects, and the handful of high-value detainees implicated directly in the Sept. 11 terror attacks.

"The Obama Administration needs time to formulate a detailed plan for closing the base and to negotiate with foreign leaders to accept detainees who cannot return to their home countries," said Falk, "and freezing the military tribunals gives it time to do that, while making sure no more harm is done."

Jamil Dakwar, director of the human rights program at the American Civil Liberties Union, said it was a positive step but "the president's order leaves open the option of this discredited system remaining in existence."

Relatives of victims of the Sept. 11 attacks, who were also at the base to observe the hearings, have said they oppose any further delay in the trials of the men charged in the case.

The motion for a suspension came on the day a military judge adjourned the war crimes court just before Mr. Obama was sworn in by noting the future of the commissions is in doubt. The hearings were dismissed until Wednesday "unless otherwise ordered."

There are war crimes charges pending against 21 men, including the five charged with murder and other crimes in the Sept. 11 case. Judges will be required to suspend the other cases as well though hearings may not be necessary.

[roystoll2]

Since these are really bad guys at Guantanamo and the liberals are afraid they are being mistreated, maybe they can be relocated to Delaware, Illinois, or Massachusetts for rehabilitation. Joe Biden''s home and Obama''s home and the Kennedy compound could probably hold all of them. Whew! Another problem solved. P.S., Their own countries don''t want them. Do you wonder why??? Some problems are better left alone.

[roystoll2]

How can you apply the laws and rules that apply to American citizens on foreign nationals? Did I miss something when I slept last night? The whole upshot of this giving rights to people that have killed our civilians and soldiers, is that in the future, fewer prisoners will be taken alive. Tell me this won''t happen. Social engineering by liberals will not work.

[roystoll2]

TO HARBINGER09- THIS COUNTRY IS WORTH FIGHTING FOR AND DYING FOR. The people at Guantanomo would have been hanged when caught in the revolutionary days, as spies. The Geneva convention if these idiot liberals would read referrs to enemy soldiers as wearing identifiable uniforms. If you are not wearing the uniform on a battlefield, you cannot expect these protections. Also what in the hell gave these people the rights of American citizens? The bill of rights only applies to American citizens, does it not?? In the case of our national security, the government has the right to use any method it wants to protect us!

[samz1gal]

No one, no matter how wise or well-intentioned, is always right. That''s why we have laws, judges, and judicial reviews.

Don''t ANY of you Bush lovers realize how dangerous it is to put ANYONE above the law, especially presidents, who already have a lot of power as CIC?

Our founding fathers, many of whom came here to escape tyranny, certainly did, which is why they carefully wrote the Constitution the way they did.
The balance of powers in it is one of the finest legal constructs in history. Read it, respect it, and learn from it.

[samz1gal]

No one, no matter how wise or well-intentioned, is always right. That''s why we have laws, judges, and judicial reviews.

Don''t ANY of you Bush lovers realize how dangerous it is to put ANYONE above the law, especially presidents, who already have a lot of power as CIC?

Our founding fathers, many of whom came here to escape tyranny, certainly did, which is why they carefully wrote the Constitution the way they did.
The balance of powers in it is one of the finest legal constructs in history. Read it, respect it, and learn from it.

[samz1gal]

No one, no matter how wise or well-intentioned is always right. That''s why we have laws, judges, and judicial reviews.

Don''t ANY of you Bush lovers realize how dangerous it is to put ANYONE above the law, especially presidents, who already have a lot of power as CIC?

Our founding fathers, many of whom came here to escape tyranny, certainly did, which is why they carefully wrote the Constitution the way they did.
The balance of powers in it is one of the finest legal constructs in history. Read it, respect it, and learn from it.

[harbinger09]

The United States of America has a lot of citizens--but all citizens are not necessarily American. If we think of Americans as quintessentially almost genetically programmed to fight for and believe in freedom, Democracy, human rights and decency and self determination; then a look at the past 8 years shows that while many have had the genetics and values of Jefferson, WAshington, Franklin, Henry, et al passed down via our history and their predilections, there are also many who have not. For them, the softer way and the easy way is how they go.

They are content to war as long as someone else goes.

They are content and okay with killing and destroying as long as it happens to someone else.

They are content to ignore or destroy the Constitution if it grants them and theirs one more day of happy, happy, joy, joy.

If ever we are invaded--look to this group to be the collaborators--the ones who turn against their own country and help invaders for their share of comfort, or profit or succour or power. These will be our traitors--they have the papers to be American--but they do not have the hearts and spirit to be.

[harbinger09]

Some people are willing to die for what they believe in.

Others are willing to believe anything as long as they can stay alive.

Every American needs to ask themselves (and answer truthfully) which type of being they are.

[harbinger09]

Incidentally, what IS worth fighting and dying for? To YOU?


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Posted by harbinger09

We could go in circles rehashing old arguments for days and not agree. You have your opinions and I have my own.

Posted by rhs648 at 12:47 PM : Jan 21, 2009


No we couldn''t. I answered your questions, you evaded answering mine. What is worth dying for, fighting for--to you?

[harbinger09]

I would rather have my phone tapped than watch as a plane carrying my loved ones crashes into a building because some nut case thinks he is going to get virgins.

Posted by Yngwie9184 at 12:14 PM : Jan 21, 2009


Here''s one--since everyone knows the phones are tapped, do you really think real terrorist are still communicating that way? And do you think when the CIA is looking at our bank statements and credit card bills (of ordinary Americans) it has to do with maybe spending money on a terrorist? Or is it garnering data for something else? LIke insider trading, leverage, blackmail, or whatever else information is mined for.