• Sarah Palin is against Obama's plan to close the Guantanamo
Bay prison and believes his plan is a reckless one. Palin is
generally against Obama's approach to terrorism, viewing it as
fundamentally flawed.
• Palin believes that the terrorists of Guantanamo should be
treated as wartime enemies and not as suspects who are only
alleged to have committed crimes. Palin feels that a terrorist
who is responsible for the massacre of hundreds of people should
not be treated as a common criminal.
• Palin believes that taking strong military measures might be
the right approach in dealing with the terrorists. The real
nature of terrorism must be addressed in the form of a military
commander-in-chief. Dealing the terrorists by a constitutional
law professor is by no means a wise decision. Thus Palin
discredits the importance of law and legal mechanisms in dealing
with the terror suspects or terrorists.
• Palin believes that radical Islam extremism, with which
America is at war, is not a mere law enforcement issue. It only
tends to compromise the nation's security as was witnessed in the
1990s and most importantly on 11th September 2001.
• According to Palin, the constitutional provisions which
Obama's plan tries to implement will grant the foreign born
terrorists the privilege to remain silent which will further risk
the lives of many Americans. Giving them access to the American
courtrooms will only result in the manipulation of the legal
system. This might also give them the access to classified
information too.
• Acts of terrorism are not isolated events but well
orchestrated events. They are to be dealt with stringently.
Closing down the Guantanamo prison and giving them a trial in the
mainland US is not the option.
Despite President Obama’s
campaign pledge of closing the Guantanamo Bay detention facility,
and his Executive Order to that effect issued two days after his
inauguration, it is increasingly apparent that GITMO is here to
stay. However, his promise of halting ‘enhanced interrogation
techniques’ in the camp has been fulfilled courtesy of his
Executive Order issued on January 22, 2009.
“Section 3:
Closure of Detention Facilities at Guantánamo
The detention facilities at Guantánamo for individuals covered
by this order shall be closed as soon as practicable, and no
later than 1 year from the date of this order. If any individuals
covered by this order remain in detention at Guantánamo at the
time of closure of those detention facilities, they shall be
returned to their home country, released, transferred to a third
country, or transferred to another United States detention
facility in a manner consistent with law and the national
security and foreign policy interests of the United
States.”
January 22, 2009; Executive Order No: 13492,
Signed by President Barack Obama
President Obama continues to face strong resistance in Congress
on the subject of GITMO’s closure. The scheduled withdrawal of
troops from Afghanistan and Iraq signals the imminent closure of
several Army and CIA detention facilities in those countries,
which raises an increasing demand for an alternate detention
facility for the prisoners held there– a further obstacle to
Obama’s plan. He appeared to have accepted the inevitable with
the signing of a new Executive Order on March 7, 2011, which
extended the shelf-life of GITMO indefinitely.
“… in order
to ensure that military detention of individuals now held at the
U.S. Naval Station, Guantánamo Bay, Cuba (Guantánamo), who were
subject to the interagency review under section 4 of Executive
Order 13492 of January 22, 2009, continues to be carefully
evaluated and justified, consistent with the national
security…
Section 1: Scope and Purpose.
(a) The periodic review described in section 3 of this order
applies only to those detainees held at Guantánamo on the date
of this order, whom the interagency review established by
Executive Order 13492 has (i) designated for continued law of war
detention; or (ii) referred for prosecution, except for those
detainees against whom charges are pending or a judgment of
conviction has been entered.
(b) This order is intended solely to establish, as a
discretionary matter, a process to review on a periodic basis the
executive branch's continued, discretionary exercise of existing
detention authority in individual cases…
Section 2: Standard for Continued Detention.
Continued law of war detention is warranted for a detainee
subject to the periodic review in Section 3 of this order if it
is necessary to protect against a significant threat to the
security of the United States.
Section 3: Periodic Review
The Secretary of Defense shall coordinate a process of periodic
review of continued law of war detention for each detainee
described in section 1(a) of this order. In consultation with the
Attorney General, the Secretary of Defense shall issue
implementing guidelines governing the process…”
March 7,
2011; Executive Order No: 13567, Signed by President Barack
Obama
On Enhanced Interrogation
Techniques
Oppose
“Waterboarding is torture.
It’s contrary to America’s traditions, it’s contrary to our
ideals, that’s not who we are, that’s not how we operate. We
don’t need it in order to prosecute the war on terrorism. We
did the right thing by ending that practice. If we want to lead
around the world, part of our leadership is setting a good
example… And anybody who has actually read about and
understands the practice of waterboarding would say that that is
torture and that’s not something we do. Period.”
November
15, 2011; President Obama responding to a question on
waterboarding in a press conference during the Asia-Pacific
Economic Cooperation Summit in Kapolei, Hawaii.
“Section 6: Humane Standards of Confinement
No individual currently detained at Guantánamo shall be held in
the custody or under the effective control of any officer,
employee, or other agent of the United States Government, or at a
facility owned, operated, or controlled by a department or agency
of the United States, except in conformity with all applicable
laws governing the conditions of such confinement, including
Common Article 3 of the Geneva Conventions. The Secretary of
Defense shall immediately undertake a review of the conditions of
detention at Guantánamo to ensure full compliance with this
directive. Such review shall be completed within 30 days and any
necessary corrections shall be implemented immediately
thereafter.”
January 22, 2009; Executive Order No: 13492,
Signed by President Barack Obama
“Section 1.Revocation.Executive Order 13440 of July 20,
2007, is revoked. All executive directives, orders, and
regulations inconsistent with this order, including but not
limited to those issued to or by the Central Intelligence Agency
(CIA) from September 11, 2001, to January 20, 2009, concerning
detention or the interrogation of detained individuals, are
revoked to the extent of their inconsistency with this
order...
Sec. 3.Standards and Practices for Interrogation of Individuals
in the Custody or Control of the United States in Armed
Conflicts.
(a)Common Article 3 Standards as a Minimum Baseline.Consistent
with the requirements of the Federal torture statute, 18 U.S.C.
2340–2340A, section 1003 of the Detainee Treatment Act of 2005,
42 U.S.C. 2000dd, the Convention Against Torture, Common Article
3, and other laws regulating the treatment and interrogation of
individuals detained in any armed conflict, such persons shall in
all circumstances be treated humanely and shall not be subjected
to violence to life and person (including murder of all kinds,
mutilation, cruel treatment, and torture), nor to outrages upon
personal dignity (including humiliating and degrading treatment),
whenever such individuals are in the custody or under the
effective control of an officer, employee, or other agent of the
United States Government or detained within a facility owned,
operated, or controlled by a department or agency of the United
States.
(b)Interrogation Techniques and Interrogation-Related
Treatment.Effective immediately, an individual in the custody or
under the effective control of an officer, employee, or other
agent of the United States Government, or detained within a
facility owned, operated, or controlled by a department or agency
of the United States, in any armed conflict, shall not be
subjected to any interrogation technique or approach, or any
treatment related to interrogation, that is not authorized by and
listed in Army Field Manual 2–22.3 (Manual)… Nothing in this
section shall preclude the Federal Bureau of Investigation, or
other Federal law enforcement agencies, from continuing to use
authorized, non-coercive techniques of interrogation that are
designed to elicit voluntary statements and do not involve the
use of force, threats, or promises.
Sec. 4.Prohibition of Certain Detention Facilities, and Red Cross
Access to Detained Individuals.
(a)CIA Detention.The CIA shall close as expeditiously as possible
any detention facilities that it currently operates and shall not
operate any such detention facility in the future.”
January
22, 2009; Executive Order No: 13491, Signed by President Barack
Obama
