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May 22, 2009
Administration struggles to find a workable Gitmo plan it can sell
Posted: 03:28 PM ET
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Attorney General Eric Holder is tasked with pioneering a legally feasible plan to close the Guantanamo Bay military prison.
Attorney General Eric Holder is tasked with pioneering a legally feasible plan to close the Guantanamo Bay military prison.

Attorney General Eric Holder's Guantanamo Review Task Force is struggling to sort the prison detainees into five neatly ordered lists, as government lawyers try to somehow fashion a plan which will clear expected legal challenges while satisfying skeptical lawmakers and a nervous public.

Every turn appears more complicated as the weeks pass.

On the immediate heels of a demand by Congress for a clear and specific plan for emptying Guantanamo, one of President Barack Obama's top aides, David Axelrod, promised Thursday that Congress would receive such a plan, and declared the president's address Thursday represented a "framework for a plan." Administration officials indicate the plan itself is probably months away.

During an address on national security at the National Archives in Washington, Obama defended his decision to close the detention center at Guantanamo, and he outlined categories in which to separate the remaining detainees.

The framework calls for putting the names of the 240 remaining detainees into five piles, then trying to resolve the legal complexities of each.

The first group, which government sources and defense attorneys estimate at several dozen detainees, would be brought to the U.S. and tried for crimes in civilian courts. But those cases would be limited to instances in which prosecutors believe they can win convictions under criminal procedures and rules of evidence. Those would include competent legal representation, defendant's Miranda rights, direct witness testimony absent hearsay, and sharing with the defense "Brady" material — evidence which could help their case.

The government identified only one name on that list Thursday when the Justice Department announced Ahmed Khalfan Ghailani, indicted in the East Africa embassy bombings, would be tried in New York. Major terrorist figures have been successfully prosecuted in New York amid tight security.

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8 Comments
More about: Raw Politics •  Torture
8 Comments
Cindy   May 22nd, 2009 3:53 pm ET

So, can I ask, if Obama wants to be oh so fair and do the right thing by these terrorists then why is he talking of holding people indefinitely in prison without charging them? I thought he was better than Bush or so he always likes to say!! Seems to me he is doing the exact same as Bush did. I guess he now sees that he didn't and doesn't know it all!

If he closes Gitmo and actually moves any detainees I'll be shocked. He'll cave in once he sees no one wants to house these men in their states.

And one more thing. He stated no one had ever escaped from a super max prison, well he is dead wrong! Someone did escape from one in North Dakota. So it can be done!! And they escape from max security prisons all of the time, just Google it and see people. The man is feeding you bull once again! Yet CNN didn't do their homework and report the truth about it. Instead they let it slide.

Cindy..Ga.

pam   May 22nd, 2009 6:23 pm ET

Hi Anderson,
"TELL Cheney to give President Obama some of that money to help our American president he made with HALLIBURTON. You reap what you sow. He looks like a TROLL and his face is not on any dollar his bills so he does not count literally!!." TALK is cheap."

Joseph G. Garlock of Anaheim< CA   May 22nd, 2009 11:59 pm ET

Several things are different about a tribunal as opposed to a civilian court: 1) The jury is composed of only military personnel 2) How can a 20+ year old housewife who doesn't know the difference between a M-16 and an AK-47 judge the innocence or guilt of an enemy combatant? 3) If members of the civilian jury have never served in the military, they would need a course in military tactics and terminology to understand parts of the testimony. Finally, why should we (the taxpayers) have to pay the lawyers bills to defend the mastermind of the 9/11 WTC attack?

Thank you

Marie   May 23rd, 2009 6:04 am ET

Why have the UNITED states suddenly become a bunch of major
whiners about doing the difficult but right thing? Why are they almost
all lacking in the courage to take at least one terrorist from GITMO and
proudly do their part as AMERICANS? How about each state stepping
up to the plate and doing the PATRIOTIC thing by incarcerating a 9/11
terrorist or two. Seems real Americans would be fighting over the
right to have one of these haters of America behind super-max
security in their state. It's the least some of our blowhard politicians
could do. This "not in my backyard" stuff is pathetic and a real
slam to those who perished on 9/11. And a black mark against this
nation's collective backbone. Write or call your congresspersons to
do the right thing.

ronvan   May 23rd, 2009 8:21 am ET

This entire Gitmo mess is a DIRECT

VITA ZEMAITIS   May 23rd, 2009 12:30 pm ET

Why is it so expensive to close GITMO?Investigate, charge and relocate. Some detainees can be returned to their respective countries and charged for expenses incurred. Should determine who is responsible for excessive interrogations and set standards for future interrogations.

Sharon Parker   May 23rd, 2009 10:48 pm ET

Considering Mr. Cheney's past personal struggles embracing basic principles of truth and honesty while in office, it is difficult to understand why, since the voters pulled his public platform out from under his feet last November, he's credibility is so rarely challenged on the over-abundant amount of air time he is now being given by the media. For the Sunday morning 'talking heads' to endorse the idea that he is taking to the airwaves because concern for the good of the country fills his heart is, to be blunt, horse pucky. Mr. Cheney's heart is obviously filled with concern for not his legacy, but for his legal posterior which could possibly be hung out to dry if a real Truth Commission is convened or an independent prosecutor is appointed by the Attorney General.

Kevin   May 24th, 2009 12:21 pm ET

Sites of new federal high security prisons under consideration:
(Don't we wish :o )) )

Site #1

Midland, Texas- Home of G.W. Bush

Site #2

Casper, Wyoming- Home of Dick Cheney

Site #3

Munhall, Pennsylvania- Home of Tom Ridge

Site #4

Cape Girardeau Missouri- Home of Rush Limbaugh

We urge President Obama to consider any or all of these sites for development.

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