Obama Revives Gitmo Military Tribunals
President Barack Obama announced Friday that he will restart Bush-era military tribunals for a small number of Guantanamo detainees, reviving a fiercely disputed trial system he once denounced.
He said the reconstituted commissions will include with new legal protections for terror suspects, including a rule that information gained "using cruel, inhuman and degrading interrogation methods" will not be admissible.
Military commissions "are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered," the president said in a statement. (Read the full statement.)
Mr. Obama suspended the tribunals within hours of taking office in January, ordering a review but stopping short of abandoning President George W. Bush's strategy of prosecuting suspected terrorists.
"I objected strongly to the Military Commissions Act that was drafted by the Bush Administration and passed by Congress because it failed to establish a legitimate legal framework and undermined our capability to ensure swift and certain justice against those detainees that we were holding at the time," he said in his statement Friday. "Indeed, the system of Military Commissions at Guantanamo Bay had only succeeded in prosecuting three suspected terrorists in more than seven years."
The president announced five changes to the rules governing the commissions that he said "will begin to restore the Commissions as a legitimate forum for prosecution, while bringing them in line with the rule of law."
"First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial," he said. "Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability. Third, the accused will have greater latitude in selecting their counsel. Fourth, basic protections will be provided for those who refuse to testify. And fifth, military commission judges may establish the jurisdiction of their own courts."
The military trials will remain frozen for another four months as the administration adjusts the legal system that is expected to try fewer than 20 of the 241 detainees currently at the U.S. naval detention center at Guantanamo Bay, Cuba. Thirteen detainees - including five charged with helping orchestrate the Sept. 11, 2001, attacks - are already in the tribunal system.
Mr. Obama said the White House will seek more time to reform the military commission process.
The tribunal system - set up after the military began sweeping detainees off the battlefields of Afghanistan in late 2001 - has been under repeated challenges from human rights and legal organizations because it denied defendants many of the rights they would be granted in a civilian courtroom.
In a statement late Thursday, Sen. Lindsay Graham, R-S.C., called Mr. Obama's decision to revamp and restart the tribunals a step toward strengthening U.S. detention policies that have been derided worldwide.
"I continue to believe it is in our own national security interests to separate ourselves from the past problems of Guantanamo," Graham said. "I agree with the president and our military commanders that now is the time to start over and strengthen our detention policies. I applaud the president's actions today."
Yet the move by the new Democratic president is certain to face criticism from liberal groups, already stung by his decision Wednesday to try to block the court-ordered release of photos showing U.S. troops abusing prisoners in Iraq and Afghanistan. That decision marked a reversal of his earlier stand on making the photos public.
© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. He said the reconstituted commissions will include with new legal protections for terror suspects, including a rule that information gained "using cruel, inhuman and degrading interrogation methods" will not be admissible.
Military commissions "are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered," the president said in a statement. (Read the full statement.)
Mr. Obama suspended the tribunals within hours of taking office in January, ordering a review but stopping short of abandoning President George W. Bush's strategy of prosecuting suspected terrorists.
"I objected strongly to the Military Commissions Act that was drafted by the Bush Administration and passed by Congress because it failed to establish a legitimate legal framework and undermined our capability to ensure swift and certain justice against those detainees that we were holding at the time," he said in his statement Friday. "Indeed, the system of Military Commissions at Guantanamo Bay had only succeeded in prosecuting three suspected terrorists in more than seven years."
The president announced five changes to the rules governing the commissions that he said "will begin to restore the Commissions as a legitimate forum for prosecution, while bringing them in line with the rule of law."
"First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial," he said. "Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability. Third, the accused will have greater latitude in selecting their counsel. Fourth, basic protections will be provided for those who refuse to testify. And fifth, military commission judges may establish the jurisdiction of their own courts."
The military trials will remain frozen for another four months as the administration adjusts the legal system that is expected to try fewer than 20 of the 241 detainees currently at the U.S. naval detention center at Guantanamo Bay, Cuba. Thirteen detainees - including five charged with helping orchestrate the Sept. 11, 2001, attacks - are already in the tribunal system.
Mr. Obama said the White House will seek more time to reform the military commission process.
The tribunal system - set up after the military began sweeping detainees off the battlefields of Afghanistan in late 2001 - has been under repeated challenges from human rights and legal organizations because it denied defendants many of the rights they would be granted in a civilian courtroom.
In a statement late Thursday, Sen. Lindsay Graham, R-S.C., called Mr. Obama's decision to revamp and restart the tribunals a step toward strengthening U.S. detention policies that have been derided worldwide.
"I continue to believe it is in our own national security interests to separate ourselves from the past problems of Guantanamo," Graham said. "I agree with the president and our military commanders that now is the time to start over and strengthen our detention policies. I applaud the president's actions today."
Yet the move by the new Democratic president is certain to face criticism from liberal groups, already stung by his decision Wednesday to try to block the court-ordered release of photos showing U.S. troops abusing prisoners in Iraq and Afghanistan. That decision marked a reversal of his earlier stand on making the photos public.
Popular in Politics
- The 4 remaining Supreme Court cases to watch
- FBI director acknowledges domestic drone use 155 Comments
- Next up for Obama: Major effort on climate change
- Michelle Obama and daughters tour Berlin Play Video
- Immigration reform would cut deficit, analysis shows
- Senate deal seen near on key aspect of immigration reform
- Obama and Berlin: Faded echoes meet new realities 77 Comments
- House Republicans pass 20-week limit on abortions 610 Comments
Well Mr. President you stink!!
I and all my fiends put you in office to get change not more of the same.
Mr. President I do not think you know what your doing.
You not are walking the walk.
You?re just a big liar!
I don?t want your stupid watered down health care.
I don?t want your watered down credit card reform.
I don?t what your military kangaroo court.
I don?t want your bailing out Wall Street.
I don?t want your spying on American
I don?t want your not prosecuting the companies the spayed illegally on Americans.
I don?t want your not to Prosecuting the NSA of illegal spying on Americans.
I don?t want your not prosecuting the Bush administration criminals.
I don?t want your not prosecuting the CIA and Military criminals.
I don?t want your not prosecuting the Wall Street fat cat criminals.
I don?t want your not prosecuting the criminal bankers.
I don?t want your allowing those stupid bonuses.
You are doing a horrible job.
Mr. President you stink.
You?re going to go down as a horrible President.
You should be impeached for all your lies and misdeeds and aiding and abiding criminal.
Posted by curb_global_warming_now at 5:37 PM : May 15, 2009
Is this called playing the race card when you lose an argument
Posted by curb_global_warming_now at 5:37 PM : May 15, 2009
I guess you have rabbit ears like the president.
Posted by jimmyc1955 at 1:36 PM
Great analogy!
Obama seems to believe himself capable of doing anything - and therefore of doing nothing even remotely well.
By the time this over sized ego is done he could do more damage to American than any single president of the 20th century - and he hasn't even begun!!!
When I said on these boards that you knew nothing about Obama and you were voting for a celebrity you scoffed. Now you have a celebrity and he is bumbling around like Britteny spears on a club hopping weekend.
BTW - anybody seen Hillary lately? Seems our train wreck of a secretary of state has disappeared for the last month. Kind of like what Bill did with her - give her a shot - she screwed it up - push her into the background to shake hands and have teas. Wonder what Obama will do with her?
Is this bad? No. It just shows how pathetically naive Obama, his staff, and the DNC really are, when once they reach power they find out that ALL the things that Bush was doing REALLY WERE necessary.