Terrorism Policy

By Zach Cetlin and Amy Videon

What is Obama’s policy? Signed executive order to close the

detention center at Guantanamo Bay by January 2010 Obama believes it will make American safer

Ordered the closure of CIA “black sites” by 2010

Alter methods of interrogation and detention

Military contractors may no longer provide prison security or perform interrogations

Problems Attempt to halt the possible violation of the

Constitution Denying writ of habeas corpus

Stepping away from Bush terrorism agenda Represents the promised changed

Aspects of Bush agenda being fixed according to the CATO Institute:

Government created no effective and objective way to determine guilt of detainees

Used torture, violating both international and domestic law Ends the controversial military commissions being

used Begins investigating methods of torture

More Problems Closes the “black sites” that have been sparking human

rights protests Loophole is still there if top terrorist officials are captured

Improves U.S. image abroad Black sites have been “damaging symbol to the world” and

served as a “rallying cry for terrorists” Many detainees have been wrongly held

Evidence is either shoddy or nonexistent Puts the CIA onto even ground with the military

bureaucracy Restores good chances of giving the detainees habeas

corpus Damaged American tradition of being a trendsetter for

human rights

Proposals Biggest is to keep Guantanamo Bay open and continue to

operate black sites Conditions are not bad at all

Detainees have movie nights, quality healthcare, air conditioning, choice of meal plans, science and English classes, religious freedom

Amnesty International wants to abandon military commission, facilitate speedy habeas corpus review

Detainees should be charged and tried in federal court or released immediately

Obama needs to stop appeasement of rival nations Has placed “world opinion” above well being of own nation

Move detainees to Alcatraz Have Congress pass new legislation authorizing

“administrative detention” Only for limited category of detainees

Legislative Proposals Bills Requiring or Delaying Closure

Interrogation and Detention Reform Act of 2008 Requires closure of Gitmo within 180 days of enactment

No proposed bill prohibits closure Bills Restricting Transfer to or Release in the United

States Restrict relocation indirectly by prohibiting use of federal

funds, forbidding extension of immigration status, restricting judicial authority

Bills Permitting Detainee Transfer to United States Purpose is to speed up prosecution process Transfer detainees to international tribunals, to native or

other country, or simple release Bills Relating to Interrogation, Treatment or Prosecution

Conformity away from Military Commissions Act of 2006

Court Alternatives The Strange Bedfellows Court

Proposed by Neal Katyal and Jack Goldsmith National Security Court that would operate independently

of civilian judicial system but staffed by federal judges Hear arguments from lawyers with with security clearances

and well aware of counterterrorism laws Would treat citizens and noncitizens equallly

The ‘Involuntary Commitment’-Plus Court Brookings Institution legal analyst Ben Wittes Special federal court to replace Gitmo’s review

procedures More lenient rules to enter evidence compared to

American civil courts Only for foreigners, American citizens would be put into

American system

More court alternatives Military Commissions Version 3.0

Proposed by Glenn Sulmasy, law professor at U.S. Coast Guard Academy

“Natural evolution” of current system Abolish preventative detention Trials closed to public but UN observers would be

allowed Proposed to be just used on al Qaeda

The Legal Melting Pot Devised by former federal prosecutor Andrew McCarthy Prosecution and defense would be drawn from a pool

within the Justice Department and in military’s Judge Advocate General’s office

Judges chosen by chief justice of Supreme Court Supported by Attorney General Michael Mukasey

Politics involved in court alternatives

Any alternative to federal court system is not favored by human rights groups Humans Rights Watch says only

fairness would be something close to criminal justice system

Also supported by some Democrats

Politics: Supporting Policy Basic principles for the policy are national security and

respecting the Geneva Conventions and other international agreements

CIA still allowed to detain suspects on a short term basis Uighurs and other inmates would face persecution if

released to host nation “States secrets privilege” still intact Portugal, Albania, Yemen, U.K. has taken in inmates

Urged other EU nations to do the same Would not allow the use of Authorization for Use of

Military Force as a reason to detain suspects Support of ACLU

Executive director Anthony Romero said the orders “represent a big step forward” and “President Obama should be commended for this bold and decisive action”

American Opinion

American Opinion: Party

American Opinion: Ideology

Politics: Supporting Policy Secretary of Defense Robert Gates has asked his team

for a proposal on how to shut it down [and] what would be required specifically to close it and move the detainees from that facility

American people must still be protected from any terrorist threat

Has left loopholes for any of the orders to be gotten around in case of needing severe torture techniques or any high ranking al Qaeda official is captured

D.C. District Court’s decision in Boumediene v. Bush Affirmed Constitutional rights of detainees at black sites to

challenge their detention in U.S. Civil courts May have established a precedent giving quicker, more

decisive trials to get the rest of the detainees out of Guantanamo

Think Progress: Supporting A liberal blog Want to close down Gitmo Putting detainees in maximum security

prisons would serve the same purpose Have already put Zacharias Moussaoui

on trial, possible for other detainees Believes American lives could be

endangered either way, whether at Gitmo or in U.S.

Human Rights First: Supporting Single standard of conduct for all U.S. interrogations is

necessary No longer use the Army Field Manual or any loopholes

passed down by the executive office Types of torture used:

Water Boarding The Cold Cell Attention Slap Long Time Standing Belly Slap

CIA has operated black sites in: Afghanistan, Pakistan, Jordan, Morocco, Diego Garcia,

Poland, Romania, Bulgaria, Ukraine, Kosovo, Macedonia Held “ghost detainees”

Don’t report whereabouts of detainees or that they’re even there

Human Rights First: Supporting Private Contractors responsible for abuses at Abu-

Gharib Also for abuse of detainees, homicides and assaults on the

ground in Iraq U.S. believed to send detainees to other nations known

for torture methods U.S. has called it a war, but do not follow laws of war Military Commissions Act of 2006 fails to follow Geneva

Conventions POW must be tried in “a regularly constituted court

affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”

Strips citizens and non-citizens of habeas corpus Undermines Supreme Court decision of Rasul v. Bush

All detainees at Gitmo entitled to challenge their detention in federal court

Politics: Constraining Policy Fear of moving dangerous inmates to federal prisons

Such as Leavenworth, Kansas and Charleston, South Carolina Some inmates will remain in U.S. custody, but need

somewhere to put them Would take extensive renovations of prisons

Create separate wings or clear out areas for the detainees Reinforced to avoid being vulnerable to terrorist attacks

Secondary and tertiary concerns to town, county, and state Difficult to find nations willing to take in inmates

Either too dangerous for inmates or too dangerous for nations

Austria has rejected detainees Obama has ordered military commissions halted, but the

detainees have neither been released nor proven innocent or guilty

Slow moving administration, such as Bush administration

Politics: Constraining Policy “Reformed” detainees have reentered ranks of al

Qaeda Said Ali Al-Shihri is deputy leader in Yemen 61 total have returned to terrorist organizations

Yemen Yemenis make up largest group of detainees Poor security and porous borders will leave U.S. exposed to

threat again Bagram Detention Center in Afghanistan also faces

being closed Takes away another option for detainees to be transferred

Obama argument of making American safer by closing Gitmo has holes

Terrorists had already announced intentions before establishment of detention center at Gitmo

Politics: Constraining Policy FinkelBlog

Conservative Option of reforming terrorists in Saudi Arabia not

guaranteed to work American Enterprise Institute’s John Yoo:

“Mr. Obama may have opened the door to further terrorist acts on U.S. soil by shattering some of the nation's most critical defenses.”

Khalid Sheikh Mohammad still detained there Mastermind of 9/11 attacks

Senate passed a non-binding Sense of the Senate Resolution

Prevents Gitmo detainees from being transferred to facilities in the U.S.

HumanEvents.com A conservative website Believe Islamic hatred towards America existed before

Gitmo Gitmo is only playing a small part in contributing to anti-

American sentiment Islamic youths trained to hate America from a young age

Before they’re even aware of Gitmo Potential insults to American troops

Closing suggests our service members have done something wrong

Some inmates must still be detained and will claim to be tortured no matter where they are held

Gitmo is going to be shut without devising a new plan of what to do with the inmates and how to treat them in the future

Move America Forward Pro-troops, grassroots, non-profit organization If trials are conducted in U.S.

Become “show trials” Will embarrass troops and U.S.

Created petition to keep Gitmo open Conditions are not that bad

Detainees are “given regular movie nights in overstuffed couches, top-notch healthcare, air-conditioned accommodations, choices of six meal plans, regular exercise, art and English classes and every religious consideration.”

May put detainees on Welfare Obama effort to give them new opportunity if proven

innocent

Policy Window Obama

Strong public dislike of Bush and all of his policies Taken advantage of with order being passed a few days

into office Made drastic change ASAP Keeping campaign promise Facing major public skepticism on human rights and

treatment of detainees at Gitmo Public

Obama ordered closure so there is opportunity to support or amend his closure or to propose policy that deals with issues within Guantanamo (i.e. torture and interrogation)

Policy Window: Likelihood of real policy Strong chance with executive order already

signed Legislation necessary to make order

permanent Very possible with Democratic Congress Democrats are pro-closing Gitmo

If none of the proposed bills pass Special Task Force on Detainee Disposition will most

likely address the questions raised by the proposals Complete emptying of Gitmo supposed to

happen by January 2010