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IANAFL, so after reading the EO, I’m confused. One part seems to say what the Judge claimed, and another part says the opposite. Here’s some of it (with what I think is the important language emphasized by me):
Section 1. Scope and Purpose. (a) The periodic review described in section 3 of this order applies only to those detainees held at Guantánamo on the date of this order, whom the interagency review established by Executive Order 13492 has (i) designated for continued law of war detention; or (ii) referred for prosecution, except for those detainees against whom charges are pending or a judgment of conviction has been entered.
(b) This order is intended solely to establish, as a discretionary matter, a process to review on a periodic basis the executive branch’s continued, discretionary exercise of existing detention authority in individual cases. It does not create any additional or separate source of detention authority, and it does not affect the scope of detention authority under existing law. Detainees at Guantánamo have the constitutional privilege of the writ of habeas corpus, and nothing in this order is intended to affect the jurisdiction of Federal courts to determine the legality of their detention.
(c) In the event detainees covered by this order are transferred from Guantánamo to another U.S. detention facility where they remain in law of war detention, this order shall continue to apply to them.
Sec. 2. Standard for Continued Detention. Continued law of war detention is warranted for a detainee subject to the periodic review in section 3 of this order if it is necessary to protect against a significant threat to the security of the United States.
Sec. 3. Periodic Review. The Secretary of Defense shall coordinate a process of periodic review of continued law of war detention for each detainee described in section 1(a) of this order. In consultation with the Attorney General, the Secretary of Defense shall issue implementing guidelines governing the process, consistent with the following requirements:
So if a detainee is a continuing threat to the U.S., he can be detained forever, even if a military tribunal finds him “not guilty”. So why the language about Constitutional Rights, Habeus Corpus and the Federal courts? Is this a trojan horse to snatch them from military justice and dump them on the federal court system?
Someone smarter than me will have to figure this out, but personally I don’t have a problem suspending Habeus Corpus for these illegal combatants. Even if they fell under the U.S. Constitution (which I don’t believe they should), it reads (my emphasis, again):
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
@John Cooper: Well John, Obama rides the fence on all issues. Therefore anything he decides is set up to give him wiggle room if the tides change down the road.
John Cooper
13 years ago
After re-reading this, I may have made a little error. It only exempts detainees who have been convicted, not those who have been acquitted. I’ll have to read it again.
Rwolf
13 years ago
Americans Next?
If Congress approves Obama’s categories of people likely to engage in violent acts, overnight millions of lawful U.S. activists and out spoken Americans could be subject to arrest, Indefinite Prolonged Detention. When you examine Obama’s May 2010 national security speech, it appears Obama wants retroactive power to incarcerate anyone U.S. Government claims had (prior) supported violent acts on the premise that person is likely to support violent acts in the future: no subsequent conviction necessary. U.S. activists would be extremely vulnerable to indefinite detention because no activist can control what another activist or group might do illegally they communicate or network with domestically or overseas. Government would only have to allege a person, organization or blogger might support or commit a violent act in the future to order Preventative Detention of U.S. Citizens with no evidence whatsoever. Americans would be afraid to speak out.
Is the Fourth Amendment Dead? Americans Now Threatened by Government NO Warrant Radiation Exposure
If history repeats itself, corrupt governments may use X-Ray Scanners to target and cause cancer in Citizens deem politically undesirable. Government and police need only (repeatedly X-ray a person of interest at checkpoints, e.g., Airports, Train & Bus Stations or when walking on the street to potentially cause their death from accumulated radiation. The Nazis used national emergency as a premise to (repeatedly target), search and detain Germans considered politically undesirable or morally unfit boarding and taking trains. The Nazi Military/Police intentionally delayed targeted Citizens so they would be late or miss work. As a result many Citizens lost there jobs and could not survive. In the U.S., one can’t help but wonder if subsequently, outspoken Americans/writers considered dissidents or combatants by U.S. Government, might also be constantly harassed, questioned by TSA and police when driving to work, at checkpoints, or stopped when walking, forced to endure without warrants, pat downs and X-ray scans. The Obama government recently ordered 500 X-ray vans that Government/Police will use to X-Ray Citizens and peer through their homes and vehicles, exposing Americans and their families to radiation. The government and police will view Citizens of interests in their bedrooms. Americans need to ask Obama if independent studies were conducted to determine if Citizens could develop cancer if (repeatedly bombarded) by police X-ray scans; including duration of open shutter time, the time x-rays for instance are allowed to penetrate a person or someone’s home. The press recently reported that X-ray scans now being used at airports are 10-times greater that what U.S. Government told the American People.
Obama’s X-Ray Vans can ALSO be used by the military or police to secure perimeters to control civil unrest and instances of revolt, to screen and stop Citizens carrying guns, cameras; any item. Does Obama expect Americans to revolt?
I wouldn’t put anything past Obama, but Judge Napolitano gets a little wild sometimes. So I looked up the EO and read it for myself (Gee, what a concept!) Executive Order–Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pusuant to the Authorization for Use of Military Force
IANAFL, so after reading the EO, I’m confused. One part seems to say what the Judge claimed, and another part says the opposite. Here’s some of it (with what I think is the important language emphasized by me):
So if a detainee is a continuing threat to the U.S., he can be detained forever, even if a military tribunal finds him “not guilty”. So why the language about Constitutional Rights, Habeus Corpus and the Federal courts? Is this a trojan horse to snatch them from military justice and dump them on the federal court system?
Someone smarter than me will have to figure this out, but personally I don’t have a problem suspending Habeus Corpus for these illegal combatants. Even if they fell under the U.S. Constitution (which I don’t believe they should), it reads (my emphasis, again):
@John Cooper: Well John, Obama rides the fence on all issues. Therefore anything he decides is set up to give him wiggle room if the tides change down the road.
After re-reading this, I may have made a little error. It only exempts detainees who have been convicted, not those who have been acquitted. I’ll have to read it again.
Americans Next?
If Congress approves Obama’s categories of people likely to engage in violent acts, overnight millions of lawful U.S. activists and out spoken Americans could be subject to arrest, Indefinite Prolonged Detention. When you examine Obama’s May 2010 national security speech, it appears Obama wants retroactive power to incarcerate anyone U.S. Government claims had (prior) supported violent acts on the premise that person is likely to support violent acts in the future: no subsequent conviction necessary. U.S. activists would be extremely vulnerable to indefinite detention because no activist can control what another activist or group might do illegally they communicate or network with domestically or overseas. Government would only have to allege a person, organization or blogger might support or commit a violent act in the future to order Preventative Detention of U.S. Citizens with no evidence whatsoever. Americans would be afraid to speak out.
Is the Fourth Amendment Dead? Americans Now Threatened by Government NO Warrant Radiation Exposure
If history repeats itself, corrupt governments may use X-Ray Scanners to target and cause cancer in Citizens deem politically undesirable. Government and police need only (repeatedly X-ray a person of interest at checkpoints, e.g., Airports, Train & Bus Stations or when walking on the street to potentially cause their death from accumulated radiation. The Nazis used national emergency as a premise to (repeatedly target), search and detain Germans considered politically undesirable or morally unfit boarding and taking trains. The Nazi Military/Police intentionally delayed targeted Citizens so they would be late or miss work. As a result many Citizens lost there jobs and could not survive. In the U.S., one can’t help but wonder if subsequently, outspoken Americans/writers considered dissidents or combatants by U.S. Government, might also be constantly harassed, questioned by TSA and police when driving to work, at checkpoints, or stopped when walking, forced to endure without warrants, pat downs and X-ray scans. The Obama government recently ordered 500 X-ray vans that Government/Police will use to X-Ray Citizens and peer through their homes and vehicles, exposing Americans and their families to radiation. The government and police will view Citizens of interests in their bedrooms. Americans need to ask Obama if independent studies were conducted to determine if Citizens could develop cancer if (repeatedly bombarded) by police X-ray scans; including duration of open shutter time, the time x-rays for instance are allowed to penetrate a person or someone’s home. The press recently reported that X-ray scans now being used at airports are 10-times greater that what U.S. Government told the American People.
Obama’s X-Ray Vans can ALSO be used by the military or police to secure perimeters to control civil unrest and instances of revolt, to screen and stop Citizens carrying guns, cameras; any item. Does Obama expect Americans to revolt?