Barack Obama and Guantanamo

President-elect Barack Obama, George Bush

Update:
Barock Obama has insisted that the US legal system needs to deal with the detainees at Guantonamo. The idea of creating a separate legal system for the detainees has drawn criticism from both republicans and democrats, and some even compared it to the military tribunals set up by the Bush administration. Borock Obama's aides are currently putting together proposals to release some detainees while a few from the group will have criminal trials in the United States. A third group of high-risk cases may go before a new court designed to handle sensitive national security cases, according to advisers and Democrats involved in the talks.



If Berock Obama decides to prosecute the remaining detainees in federal criminal courts, it would grant detainees legal rights equivalent to those of US citizens. This will undoubtedly create a slew of problems for prosecutors. All evidence through the military interrogation would be thrown out. Undercover CIA officers and informants could possibly take the stand when the defendants confront the witnesses, this will jeopardize their identities and reveal intelligence tactics.



The potential move on Guantanamo is a contravention to the Bush administration, which established military tribunals to prosecute detainees and strongly opposes bringing prisoners to the United States. John McCain also pledged to close Guantanamo, but wanted to continue the tribunals on US soil.




This new plan is already facing opposition from the Republicans because they oppose the idea of bringing terrorism suspects to the US. Some Democrats also oppose Beerock Obama's plan because they oppose creating a new court system with fewer rights for detainees.


Abu Ghraib Dog Tactics from Guantanamo

Guantanamo detainees behind wired fences with barbwires

Guantanamo has has held more than 750 captives since its opening in 2002, many of which, were captured during the US "war on terror" that followed the attacks on the US of September 11, 2001.


Guantanamo Protest

Guantanamo trial

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Barack Obama has vowed to close Guantanaom, how will he do it though? Barack Ohbama also vowed to reject the Military Commissions Act, the 2006 law underpinning the ongoing Guantánamo tribunals.


President-elect Barrack Obama

I am waiting to see what Obama will do with the roughly 255 people who are currently imprisoned at Guantanamole, let's not forget that only 23 people have actually been charged. A strong move that Obama could possibly take is to shut the camp by Executive Order and transfer all of the detainees to prison sites inside the U.S. From there, the detainees would face at least four possible fates: being charged with offenses that could be tried in federal courts; court-marshaled according to the Uniform Code of Military Justice; turned over to the governments of their native countries; or simply released.

Civil rights activists believe that existing military and civilian criminal courts should handle the Guantnamo cases. This however, can pose significant problems. The whole purpose of actually detaining the people was not to stage trials but to get intelligence through interrogation. Attempting to form proper criminal cases at this point will not be easy

The emerging Barrack Obbama transition team has yet to make any moves regarding Guantannamo. Obama has not spoken on the issue since winning the presidential election and it does not appear that he discussed the matter with President Bush when he visited the White House earlier this week.


George Bush, Laura Bush, Michelle Obama, Barack Obama