Gitmo’s Gotta Go
The Guantanamo Bay detention camp in Cuba, perhaps better known by its nickname “Gitmo,” is an affront to the Constitution, the Bill of Rights, and the legacy of our national heritage. It should be closed now and all the people detained there returned to the place where they were seized. In this I wholeheartedly endorse the view of my friend and fellow veteran R.J. Harris, who says that Guantanamo is a stain on the U.S. and the U.S. military. Like R.J., I'm ashamed of our leadership for allowing it. The prison facility at Guantanamo Bay does more than just blur the line between the good guys and the bad guys; it erases the line entirely.
Those who fought to establish American freedom and independence were intimately familiar with a despotic government that rendered the military "independent of and superior to the civil power," which deprived people "of the benefits of trial by jury" or which transported them "beyond seas to be tried for pretended offenses." That was one of the causes of the American Revolution.
Yet our modern-day leaders, Democrats and Republicans, perpetuate the despotic concept that the president has the right to seize people — even American citizens — anywhere in the world when he alone deems them a threat to our nation and to literally toss them in prison and throw away the key. What is even more disturbing is that President Obama, like his predecessor, is surrounded by legal sycophants who claim that by their distorted interpretation of the law, when the president does it, it is not illegal.
Forget that this gulag is set on a military base built on land seized from another nation. Overlook the practice of denying detainees their basic rights. Ignore the accusations of torture and mistreatment. Even if you disregard all of these things, the very fact that Gitmo exists is an insult to everything our Founding Fathers stood for, to everything millions of Americans have fought and died for throughout our history.
The Guantanamo prison violates every moral, legal, and ethical standard America purports to proclaim to the world as examples to emulate. It's the ultimate in hypocrisy for American officials and diplomats to lecture other nations on "human rights" and "democracy" when the United States incarcerates hundreds of people without providing any evidence of their guilt, without giving them legal counsel or even the facade of a fair trial.
Ironically, while the president's political lawyers conjure up convoluted justifications for these illegal actions, some military lawyers have put their careers in jeopardy by speaking out against this miscarriage of justice. "Gitmo now takes its place among the world's most notorious and evil prisons, right up there with Devil's Island and the Siberian gulag," said Donna Lorraine Barlett, an Army attorney for 27 years. She was assigned to defend a detainee held for nearly 10 years, mostly in seclusion. Barlett took the job, even though she was about to retire, thinking she could bring attention to what she called the "the festering (but largely invisible) national wound that is Gitmo."
Instead, she said, she faced "an entrenched bureaucracy operating at a glacier's pace, hamstrung by political infighting, red tape, and inefficiency. I can't even send my client a letter without it being held up for weeks and, now, read by government officials who laughably, inexplicably, still assert some national-security interest in our communications."
Guantanamo is "an assault on constitutional government," writes Army Maj. Todd E. Pierce in an article published on Law.com. Pierce is a 30-year veteran of active-duty and reserve service. He volunteered to defend detainees because he was shocked by the legal theory underpinning Guantanamo and the military commissions, and by the notion that the president could ignore or disregard the Constitution and the Geneva Conventions, which are part of U.S. law under that Constitution.
"Guantanamo and the military commissions are metastasizing into our whole legal system," the major said. "We have used the vague and over-broad charge of 'material support for terrorism' as cause to investigate antiwar groups in Chicago and Minneapolis, predictably chilling speech and dissent." He speculates that some critics suggest that the recently enacted National Defense Authorization Act allows military detention of dissidents.
Before that happens, we must close the Guantanamo Bay prison camp. It is a disgrace and a blot on America. Gitmo brings upon America a shame as great as that which the federal government brought on us when it forced more than 100,000 Americans into "relocation camps" during World War II merely because of their ancestry.
Some have said that they deplore the abuses committed at Guantanamo, yet they assert that such a facility serves a function and must exist somewhere. But I say that the very fact Gitmo exists at all is a disgrace to our nation and dishonors everything we stand for, every sacrifice made by every patriot for the cause of liberty and freedom.
The inalienable rights that are the birthright of every person must never be denied or restricted by any U.S. government action, regardless of the circumstances. The Constitution and the Bill of Rights are not optional rules to guide government, to be followed or ignored at will, nor are they burdens or hindrances during a crisis or in war. On the contrary, it is during times of greatest strain and stress, of greatest danger, that they are the most needed and of the greatest use.





the lion
February 7th, 2012 at 12:14 pm
Until, the United States gets rid of the Prisoners from Guantanamo Bay, giving each and every one an Article 5 Geneva Convention Hearing under the rules of the UCMJ and then a UCMJ hearing as to alledged crimes those crimes being crimes that were in the Books WHEN they were captured and in accordance to the laws of war at that time, the United States will continue to be seen by the World as not a country of Laws, but a country that is oppressive.
The fact is that the US is in Breach of Geneva, has been from the FIRST day of the Afghan campaign, the Taliban were at the time of invasion the government, this is evident by the Bush Administration giving the Taliban money because they were destroying the Opium Poppy Plantations. They clearly has worked out the Taliban were in the Government of the Country! That means that the Taliban were in fact Government troops regardless of the fact that they were not in a conventional military uniform. Geneva doesnt actually require such if it is read properly, it allows the spontaneous taking of arms to battle an invader!
the lion
February 7th, 2012 at 12:17 pm
When someone was sent to a Siberian Gulag they got a trial, A trial that would do the court of Judge Roy Bean Proud, but a trial just the same, America no longer believes that even A Judge Roy Bean trial is warranted. The rest of the world seems to think otherwise,
Lorraine
February 21st, 2012 at 12:28 pm
Ido not know how I missed this article when it was first posted, but I thank you from the bottom of my heart for reiterating what I know to be true, and tried to convey in my own piece. CLOS GTMO NOW. Peace, Lorraine