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Showing posts with label Tribunal Courts. Show all posts
Showing posts with label Tribunal Courts. Show all posts

Thursday, May 21, 2009

President Obama's National Security Address...Still Plans To Close Gitmo...



This morning President Barack Obama delivered his National Security Address to the American people.

His speech revealed an outline for his plans to still close Gitmo despite the safety concerns and risks involved.

While I most certainly consider myself to be a fierce supporter of President Obama on most of his policies, here is where I have my doubts.

However I do agree with his decision to ban further use of Torture on Prisoners of War.

You can review some of his remarks below or watch the video of the entire address.


President Obama: "I stand here today as someone whose own life was made possible by these documents. My father came to these shores in search of the promise that they offered. My mother made me rise before dawn to learn their truths when I lived as a child in a foreign land. My own American journey was paved by generations of citizens who gave meaning to those simple words -- "to form a more perfect union." I've studied the Constitution as a student, I've taught it as a teacher, I've been bound by it as a lawyer and a legislator. I took an oath to preserve, protect, and defend the Constitution as Commander-in-Chief, and as a citizen, I know that we must never, ever, turn our back on its enduring principles for expedience sake."

"I make this claim not simply as a matter of idealism. We uphold our most cherished values not only because doing so is right, but because it strengthens our country and it keeps us safe. Time and again, our values have been our best national security asset -- in war and peace; in times of ease and in eras of upheaval.
Fidelity to our values is the reason why the United States of America grew from a small string of colonies under the writ of an empire to the strongest nation in the world."

"It's the reason why enemy soldiers have surrendered to us in battle, knowing they'd receive better treatment from America's Armed Forces than from their own government.
It's the reason why America has benefited from strong alliances that amplified our power, and drawn a sharp, moral contrast with our adversaries.
It's the reason why we've been able to overpower the iron fist of fascism and outlast the iron curtain of communism, and enlist free nations and free peoples everywhere in the common cause and common effort of liberty."

"Now, as our efforts to close Guantanamo move forward, I know that the politics in Congress will be difficult. These are issues that are fodder for 30-second commercials. You can almost picture the direct mail pieces that emerge from any vote on this issue -- designed to frighten the population. I get it. But if we continue to make decisions within a climate of fear, we will make more mistakes. And if we refuse to deal with these issues today, then I guarantee you that they will be an albatross around our efforts to combat terrorism in the future."

"I have confidence that the American people are more interested in doing what is right to protect this country than in political posturing. I am not the only person in this city who swore an oath to uphold the Constitution -- so did each and every member of Congress. And together we have a responsibility to enlist our values in the effort to secure our people, and to leave behind the legacy that makes it easier for future Presidents to keep this country safe."

"I will never hide the truth because it's uncomfortable. I will deal with Congress and the courts as co-equal branches of government. I will tell the American people what I know and don't know, and when I release something publicly or keep something secret, I will tell you why."





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Sources: Whitehouse.gov, MSNBC, Google Maps

Friday, May 15, 2009

President Obama Enforces Habeas Corpus With Tribunal Courts






On the heels of choosing not to release Gitmo Torture photos, today President Obama announced his decision to re-open Military Commissions/ Tribunal Courts.

With the closing of Guantanamo Bay which currently houses more than 240 Detainees, his administration must now work to create precise plans ensuring the world none of the freed inmates will pose any further security threat.

Releasing the detainees won't be an easy task, however continuing to detain them on U.S. soil without Habeas Corpus will no longer be tolerated.

Here are the factors which will determine how Detainees will be released:

1) Detainees who pose no Security risk at all will be discharged to other countries.

2) Detainees who are no doubt extremely dangerous but whose files lack the necessary evidence to receive a Fair trial, will be jailed indefinitely via the International Law of Warfare Doctrine or by asking Congress to pass a new law for the creation of a new National Security Court.

3) Detainees of whom Prosecutors have collected an overwhelming abundance of Prime Facie evidence, will of course be tried in Civilian courts.

4) At least 20 Detainees will be tried in Tribunal Courts. Unlike those managed under former President George W. Bush's administration, the revised Tribunal courts will afford each of the those dangerous detainees a legal, humane trial.

Here are the new plans for the use of Tribunal Courts under President Obama's administration:

1) Hearsay will be limited so that the burden will no longer be on the party who objects to hearsay to disprove its reliability.

2) Evidence obtained via the use of cruel and unusual punishment will not be permissible during trials.

3) The accused will have greater latitude in selecting their counsel.

4) Basic protections will be provided for those who refuse to testify.

5) Military commission judges may establish the jurisdiction of their own courts.

Such a legal process is likely to produce a lesser risk of any convictions being overturned by a Federal Appeals court.

In addition by allowing the inmates to have a Fair Trial, Prosecutors will be able to use information previously gathered by Intelligence sources without having to reveal their sources.

Use of Tribunal Courts under the Bush administration drew public outrage and complaints from Civil Liberty Unions which exposed Inhumane Treatment of Prisoners.

Those allegations caused President Obama to halt the use of Tribunal Courts until a thorough investigation was conducted regarding their effectiveness in the prosecution of Detainees.

Jonathan Hafetz, of the American Civil Liberties Union, expressed his disappointment with this statement, "It’s disappointing that Obama is seeking to revive rather than end this failed experiment. Even with the proposed modifications, this will not cure the commissions or provide them with legitimacy. This is perpetuating the Bush administration’s misguided policy."

During his campaign President Obama denounced Military Commissions/ Tribunal Courts.

He has pledged to close Guantanamo Bay for good by January of 2010.

President Obama: "This the best way to protect our country, while upholding our deeply held values."

(White House Press Secretary Robert Gibbs addresses President Obama's plans to revive Tribunal Courts at Gitmo.)




Sources: Whitehouse.gov, Politico, CBS News, Huffington Post, The Atlantic, Day Life, AM, Youtube