
WaPo Accuses Capital Hill of Hypocrisy on Gitmo
Here is part of a Washington Post Editorial entitled, "Hypocrisy on the [Capitol] Hill"
"FOR YEARS, Democrats clamored for the closing of the detention center in Guantanamo Bay, Cuba, using the prison to pummel President George W. Bush for abusing his authority, violating domestic and international law, and tarnishing the reputation of the United States. Sen. Dianne Feinstein (D-Calif.) felt so strongly about the issue that she sponsored legislation in 2007 to force Mr. Bush to shutter the facility.
Now lawmakers are making it nearly impossible for President Obama to close the notorious prison by year's end, as he promised to do...."Ms. Feinstein, Senate Majority Leader Harry M. Reid (Nev.) and 88 other senators -- including every Republican -- voted to attach to a must-pass, supplemental war spending bill several provisions that tie the president's hands. Ms. Feinstein complained that the president lacked a detailed plan to deal with detainees...."
It seems to me there are two parts to what Congress did.
The first part concerns bringing of detainees into the US. I'll agree here that anyone (Senator, Representative or otherwise) who pre 2009 said, "we must close Gitmo" and now says, "Detainees must not be brought to the US" is a hypocrite. I don't think it is a very serious hypocrisy for reasons I'll get into later.
However, there is another part to this. President Obama has issued an executive order to close the Gitmo detention center but has not submitted a plan for how to do this. It seems to me reasonable to deny an appropriation to close the detention center without such a plan (although, it also seems to me that it would be unreasonable to deny an appropriation to develop such a plan).
With respect to the seriousness of the hypocrisy, I think the WaPo is missing an important point (and I can't find it specifically addressed anywhere). This point is that there is no assurance that Gitmo Detainees brought into the US will not be released by courts. Some people may consider this an unreasonable fear but without some assurance in statute (which the Congress is free to develop but which, IMO, the Administration, specifically DOJ should develop) that the detainees will remain in maximum security, it seems to me a reasonable fear.
The WaPo Editorial is here.
















