No Surprise at Obama’s Guantánamo Trial Chaos
By Andy Worthington | 1.9.10Surprise is the last thing that anyone ought to feel on hearing the news that the Obama administration “has shelved the planned prosecution,” in a trial by Military Commission, “of Abd al-Rahim al-Nashiri, the alleged coordinator of the Oct. 2000 suicide attack on the USS Cole in Yemen,” as the Washington Post reported on Thursday, or that senior officials are “alarmed” by negative responses to the trial by Military Commission of Omar Khadr, as the New York Times reported on Friday.
The problem in both cases is that trials by Military Commission are inappropriate for any of the prisoners held at Guantánamo, who are either accused of terrorist activities, and should be tried as criminals in the federal court system, or are soldiers seized in connection with their support of the Taliban, wrongly imprisoned in an experimental prison established to permit coercive interrogations, instead of being held in a prisoner of war camp in accordance with the Geneva Conventions.
The Commissions — dragged from the bowels of history in November 2001 by Dick Cheney — looked appropriate to the former Vice President, and to President George W. Bush, because they, like Guantánamo, appeared to be beyond the reach of the US courts, and would allow prisoners to be executed after largely perfunctory trials using evidence obtained through torture.
The Obama administration has failed to understand quite how ruinous these rulings are for the detention authority inherited from President Bush. Although senior officials have publicly repudiated Bush’s reliance on claims of seemingly unfettered power exercised as the Commander-in-Chief during wartime, Obama has continued to rely on the Authorization for Use of Military Force (AUMF), passed by Congress the week after the 9/11 attacks, which, with another Supreme Court ruling from June 2004 (Hamdi v. Rumsfeld) allows the government to detain anyone it regards as having supported al-Qaeda, the Taliban or related forces.
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