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Obama Prepares Executive Order For Indefinite Detention

Tyler Durden's picture




 

First president Obama becomes Bush in all but name with respect to his predecessor's economic policies, and now he follows by espousing Bush's interpretation of "civil rights" as well. According to Pro Publica, the White House is preparing an Executive Order for indefinite detention. And while the premise behind a comparable draft has been circulating around for 18 months, the uptake was seen as problematic. The "humanitarian" premise behind the order is that it will "provide for the periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay... and allow for the possibility that detainees from countries like Yemen might be released if circumstances change." That's the theory. The "practice" is that the Order will, as the name implies, afford the administration the option of "indefinite detention as a long-term Obama administration policy and
makes clear that the White House alone will manage a review process for
those it chooses to hold without charge or trial." In other words all those, and we assume that the Order is not merely targeting those involved in September 11, and is wider in its scope, who are perceived by the administration as "high value detainees" will be denied due process, and will be held in captivity essentially indefinitely with no legal recourse, for as long as the "review process" so deems fit. As for the "theory" aspect, Politico summarizes just how much of a bold lie Obama's promise two years ago to close Guantanamo has become: "Nearly two years after Obama's pledge to close the prison at Guantanamo,
more inmates there are formally facing the prospect of lifelong
detention and fewer are facing charges than the day Obama was elected." In other words, Obama has one upped Dubya not only when it comes to Republican economic policy, but has in fact surpassed his abrogation of basic human rights. And seeing how in the aftermath of the Assange arrest (speaking of which, Julian better run following this announcement), it is only a matter of time before that whole 'Internet free speech' premise is perceived to be a form of treason, by the likes of Biden, Palin and Lieberman, potentially punishable if not by death, then certainly indefinite, lifelong detention.

More from Pro Publica:

After taking office, the Obama administration reviewed the detainee population at Guantanamo Bay and chose 48 prisoners for indefinite detention. Officials, who spoke on the condition of anonymity, said that number will likely increase in coming months as some detainees are moved from a transfer category to a continued detention category.

If signed by President Obama, the new order will provide added review for detainees designated for long-term detention. The order, which is being drafted jointly by White House staff in the National Security council and the White House counsel, will offer detainees in this category a minimal review every six months and then a more lengthy annual review. Detainees will have access to an attorney, to some evidence against them and the ability to challenge their continued detention.

Prisoners who have been deemed "high-value detainees," including the alleged conspirators of the 2001 attacks, have been designated for prosecution in civilian or military courts.

In 2008, Guantanamo detainees won the right to challenge the lawfulness of their detention in court. The executive order aims to create an executive branch review which would occur separately from the court review and would weigh the necessity of the detention, rather than its lawfulness, officials said.

"Perhaps the dangerousness of the detainee's country of origin could change, or the group that the detainee is affiliated with could cease to exist," one official explained.

Sorry to interject, but the humor factor of the possibility that someone would be released from Guantanamo after the CIA lowers the threat level of i.e., Yemen from burgndy to mauve, is just as powerful as that of someone stating that Bernanke will ever stop printing monetary ones and zeroes.

At the end of the day, this is merely another example of what happens when Congress refuses to play ball:

Weeks later, administration officials said the White House had decided to work with Congress on indefinite detention, rather than through Executive Order. But by the end of 2009, the White House had said it would not support legislation.

Then, in 2010, a government task force on Guantanamo completed a year-long review that placed 48 detainees in long-term detention. In its report, task force members said those detainees would be "subject to periodic Executive Branch review."

..

Jameel Jaffer, a national security lawyer at the American Civil Liberties Association, agreed that "more review is better." But he said that an executive order would only "normalize and institutionalize indefinite detention and other policies," that were set in place by the Bush administration.

While we hope we are wrong, we have this very nagging feeling that the timing and sudden reappearance of this order on the docket is in advance of one or more charges of espionage about to be lobbed at Wikileaks... And to think, all Julian Assange threatened to do was to take down Bank of America, something that should have happened over two years ago if that whole 'free market', risk/return thing was even remotely close to what it is taught to be at various ivy draped business schools.

 

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Tue, 12/21/2010 - 23:20 | 823084 honestann
honestann's picture

What do you expect when the predators-that-be keep increasing their atrocities, and nobody shoots at them?

You think predators are going to restrain themselves? 

Tue, 12/21/2010 - 23:56 | 823172 penisouraus erecti
penisouraus erecti's picture

wann ist das Feuer im Reichstag?

Tue, 12/21/2010 - 23:14 | 823072 gwar5
gwar5's picture

Gibbs said the administration was not afraid of a guy like Assange with a laptop. Laughable. 

2 years ago Obama's was denying there was a real terrorist threat and turned the power of the state upon Ron Paul supporters, military vets, etc -- that was my first clue where this was all going to go. They changed rhetoric but not their actions. 

Control of truthful information and the internet is the second sign of the Apocalypse. The third sign will be  demonization and scapegoating of a group of citizens. Control of the internet will hobble the ability to get the truth out.

This is following the pattern of such great freedom loving countries as Iran, China, Venezuela, and Cuba. I've seen this movie before in Latin American countries. Yes... we have no bananas!

Tue, 12/21/2010 - 23:19 | 823079 Problem Is
Problem Is's picture

Even Stalin had enough sense to hide his NKVD assassination of Trotsky in Mexico from the world...

Tue, 12/21/2010 - 23:20 | 823082 honestann
honestann's picture

Obama == first on the list for permanent detention.
Bush == second on the list for permanent detention.

Well, in an ethical world, that is.

Wed, 12/22/2010 - 01:55 | 823296 Aristarchan
Aristarchan's picture

In that - admittedly fictional - world, would they be in the same cell together?

Wed, 12/22/2010 - 02:31 | 823345 honestann
honestann's picture

Why not... and with dozens of video cameras feeding an internet site so everyone on earth could watch (and laugh at) their every word and action.

Wed, 12/22/2010 - 02:41 | 823355 Aristarchan
Aristarchan's picture

That would certainly be interesting.....the death knell for Dancing With the Stars?

Wed, 12/22/2010 - 21:55 | 825403 honestann
honestann's picture

Called "public pooping with the presidents"?

Tue, 12/21/2010 - 23:22 | 823091 innertrader
innertrader's picture

If you can't or choose not to see what this administration is in fact doing, then there just is no hope for you.  When it comes to destroying the constitution, this guy makes Bush I and II look like children and I thought they were bad!

Tue, 12/21/2010 - 23:45 | 823141 zen0
zen0's picture

Anybody thinkin Bama not Bush better get their cognitive disssonance pill out. He is the President of the Co-opted States of America. What else he gonna do, fools?

Got to come up better than that to be players.-14

 

Tue, 12/21/2010 - 23:45 | 823142 zen0
zen0's picture

Anybody thinkin Bama not Bush better get their cognitive disssonance pill out. He is the President of the Co-opted States of America. What else he gonna do, fools?

Got to come up better than that to be players.-14

 

Tue, 12/21/2010 - 23:47 | 823147 zen0
zen0's picture

I musta answered that captcha question double good, muthas...

Wed, 12/22/2010 - 00:17 | 823210 Weimar Ben Bernanke
Weimar Ben Bernanke's picture

what will it take for the American people to wake up. i mean how dumb can they be. Neocons still think goat herders want sharia law and that Iran is a grave threat and that the "rapture" is coming because palin said so,the neo libs think that Govt is all the answer. This is getting out of control. it started with Patriot Act,Military Commission Act now this. Is it or is Alex Jones was not bat shit crazy all along? Anyway both parties are full of shit. Same fiscal disaster,same disasterous foreign policy,same statist. Well all I can say is gotta buy a Polish Tantal Ak74 that fires 5.54x39. At least we have the second amendment,but how long will that last before the Bureau of Alcohol, Tobacco, Firearms, Explosives, Crossbows, and Everything Sharp( B.A.T.F.E.C.E.S) tries to get rid of it.

Wed, 12/22/2010 - 00:44 | 823235 No More Bubbles
No More Bubbles's picture

what will it take for the American people to wake up. i mean how dumb can they be.

Nothing will wake them.

Incredibly dumb! - Most of them believe things are getting better because the stock market goes up every day.  Ignore the millions of people kicked to the curb in the last few years. They don't matter....

Wed, 12/22/2010 - 00:45 | 823234 gwar5
gwar5's picture

There's already an omminous executive order signed this time last year for Interpol to operate within the DOJ, under White House control (Executive order 12425. Dec 17, 2009).

The order allows Interpol to operate on American soil against American citizens using extra-constitutional warrantless searches, seizures, and disappearing of citizens. All activities are immune from American law, including FOIA. So, leave a note somewhere now for next of kin just in case.

Remember, interrogations are now also done in the DOJ not the CIA. Very Chavez-like

Wed, 12/22/2010 - 00:54 | 823243 robobbob
robobbob's picture

this is just something I don't think is getting enough play. for months an anonymous insider flinging mud about what's happening at the white house

http://newsflavor.com/politics/world-politics/white-house-insider-jarrett-is-the-president/

bs or the truth? funny reading either way

Wed, 12/22/2010 - 01:26 | 823266 dlsamg
dlsamg's picture

Over half of you voted for this fool. Said what he had to say to get elected and is ending up being Bush II. Like him or not at least McCain is a real man and not the girlyman Obama is. Obama sold out to Wall Street, the banks, the unions, the car companies, the lobbyists and on and on. Total empty suit who never would have been ready to be POTUS. He had two qualifications. His color and he wasn't Bush. He can't even get one of those right.

Wed, 12/22/2010 - 01:41 | 823282 Aristarchan
Aristarchan's picture

Uhmm.....which one?:)

Wed, 12/22/2010 - 08:53 | 823496 hardcleareye
hardcleareye's picture

McCain is a real man........ I am laughing so hard I spilled my coffee...  the pig in lipstick is more of a "man" than McCain!!!! 

I think in Money McBag's referenced "cock off" Obama would win, now that's the way to "judge" a "real man".  Size does matter!

Wed, 12/22/2010 - 02:29 | 823342 Aristarchan
Aristarchan's picture

Any collective of humans, whether it be a labor union, PTA, special interest group, neighborhood association, political party or government, will seek to increase their influence, and the only way to do that is by consolidating power over others. It is the nature of humans to do so. Even as individuals in organizations, be it companies, clubs or sometimes even in families, we seek power, we seek that path upward toward control. If we do not, we are branded as unambitious, lazy, a free-loader. We elect people we see as powerful, aggressive, in control. We do that because we think they can get things done, and because they (and we) compete against other collectives (countries) who are human and therefore influence hungry just like us. Competition breeds a winner/loser, zero sum game environment. This leads to strife, and war, and detention. In the world most of us first started to think about in our young years, this kinds of thing only impacted foreigners - enemies. But at some point we realize that those who have more power than us are not necessarily our friends. And, many of us, whose only power would be in collective action, are not perceived by those in power to be their friends. Collective action that is built around dissent has always been seen by those in-power as a threat, even in a democracy that was constructed on a foundation of dissent. Ultimately, power ruins most people, and ALL governments, whose DNA of human weakness for power and riches assures it will ultimately be evil to those who threaten its existence, and even those who threaten its desired manner of operation. That is what laws are for. Oh yes, there are many laws that must exist, but a government - and a legislature - and a culture that makes a living enforcing them insures that many more will be passed, and enforced, until a populace is smothered by them and driven to dissent. I believe that all human attempts to govern themselves are doomed to failure. We are not, by nature, organisms that govern well. Ants have us beat all to hell on this one.

Wed, 12/22/2010 - 08:43 | 823494 hardcleareye
hardcleareye's picture

"Even as individuals in organizations, be it companies, clubs or sometimes even in families, we seek power, we seek that path upward toward control."

If this is your view on humanity and life it must be a very miserable existence.

Wed, 12/22/2010 - 02:31 | 823346 dlsamg
dlsamg's picture

Give em a break. He got the color half right.

Wed, 12/22/2010 - 02:35 | 823349 Aristarchan
Aristarchan's picture

Which direction on the color scale?:)

Wed, 12/22/2010 - 02:51 | 823359 Aristarchan
Aristarchan's picture

To continue my "ants may ultimately rule the world" diatribe....I have seen good men ruined by power. I was  personal friend of one of the prominent "Boll Weevil Democrats" during the Reagan years, he started out to be a decent, honest man, but he let the "game" ruin him. Even my own father, when he ran for office, fell afoul of my distaste for anyone seeking political office. I told him he was a fucking asshole, and I refused to vote for him. Of course, that was easy, as I have never - and never will, vote for anyone arrogant enough  to run for office.

Wed, 12/22/2010 - 03:33 | 823383 Coldfire
Coldfire's picture

Fascism.

Wed, 12/22/2010 - 04:15 | 823397 tony bonn
tony bonn's picture

anyone who thought that a man who lies about his country of birth and nation of citizenship would suddenly start telling the truth about guantanamo is a fucktard.

www.obamacrimes.com

 

Wed, 12/22/2010 - 07:00 | 823450 liberal sodomy
liberal sodomy's picture

I'm waiting for barry X to name his horse (no not his stink eyed beard) to the senate as caligula did to complete the scene.

Wed, 12/22/2010 - 07:29 | 823459 GFORCE
GFORCE's picture

The "think police".

Wed, 12/22/2010 - 08:21 | 823481 deez nutz
deez nutz's picture

he is now shooting for his second NOBEL PRIZE!

Wed, 12/22/2010 - 08:23 | 823483 anony
anony's picture

Not to worry...has anyone else noticed that the rehabilitation of  theBamster has already begun? They tout his continuation of the tax rates as a Victory for him. They ignore his betrayal of his left wing. They treat his every breath as some kind of epiphany.

The Jewish media has begun their onslaught to re-elect theBamster.  Count on it escalating from now till the election.

You resist AIPAC at your own risk.

Wed, 12/22/2010 - 09:05 | 823502 celticgold
celticgold's picture

 yep

Wed, 12/22/2010 - 09:07 | 823506 proLiberty
proLiberty's picture

If we had killed these jihadist murderers on the battlefield, that would also be a form of 'indefinite detention'.  It is time to have some moral clarity and get a backbone.   Some of our enemies are just too dangerous to us to be allowed to live.  That is not our choice.  It is these people who are "hell bent" (to coin a phrase) on going to their own deaths while taking as many of us with them as humany possible.

 

On the other hand, we could live at "peace" with them if we wanted to accept their definition of "peace", which is to either convert to Islam or to pay the annual jizya and live in perpetual dhimmitude as people with few civil rights.  

We cannot let our moral sensibilities be our suicide note.  Islam places three questions to us: convert, submit or die.

 

Wed, 12/22/2010 - 09:57 | 823578 Rodent Freikorps
Rodent Freikorps's picture

How most of these dumbasses can square their Bush Derangement Syndrome with parroting his Religion of Peace bullshit, I do not know.

Crazy world we live in.

Wed, 12/22/2010 - 10:08 | 823600 creviceCaress
creviceCaress's picture

Some of our enemies are just too Some of our enemies are just too dangerous to us to be allowed to live............

you funny....and who are 'our'  "enemies"?

if the "enemies" had wanted to take us out, twoulda beena long time ago....you think DHS is that good that theyve 'stopped' the trrrist from successfully attacking again?

 

MY enemies are dangerous, because they're all around me and spit out shiza like you did....and they look like me and you...i fear not the dark-skinned people, only my white brothers....LONG LIVE THE CRACKER

 

 

 

Wed, 12/22/2010 - 10:45 | 823677 Rodent Freikorps
Rodent Freikorps's picture

You'd think that whole "brown people" shtick would get old after a while.

Does that crap still get traction?

 

Wed, 12/22/2010 - 09:16 | 823520 tracyk859
tracyk859's picture

Thanks for the post. Hi guys, Im a newbie. Nice to join this forum.

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