Another Presidential Flip-flop

Khalid Sheik Mohammed

The Obama administration released a trial (no pun intended) balloon over the weekend, leaking that it was thinking of shelving plans to bring Khalid Sheik Mohammed and the other alleged 9/11 conspirators to trial.

Instead the administration is apparently considering holding KSM and other GTMO detainees indefinitely as Prisoners of War. Far from closing GTMO, the new Obama plan seems to be to institutionalize it as part of the national landscape.

If GTMO becomes a permanent feature of America’s counter-terrorism architecture it is inevitable that sooner or later new detainees will be sent there. Federal agents and intelligence officials faced with a hard case or sensitive sources to protect will opt for indefinite detention over prosecution. More mistakes are going to be made.

Indeed, given the amount of flip-flopping we have seen from the White House on this issue, I am beginning to wonder how long it will be before the Presidential ban on coercive interrogation is lifted in the spirit of bipartisanship.

In June 2009 Attorney General Eric Holder met with 9/11 families and told them that he was personally committed to bringing the perpetrators to trial in open, transparent courts. This was the only way forward if the administration was to rehabilitate America’s damaged reputation on the world stage.

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A Week in Politics

"Congress"As the dust settles on the midterm election we thought it might be useful to take a moment to assess what implications the results have for the Counter Terror with Justice (CTWJ) campaign.

Economic woes dominated election stump speeches and national security issues were surprisingly little addressed by either main party. However, the changed political landscape is going to have a real impact on our issues.

The likely accession of Lamar Smith (R-Texas) to the Chair of the House Judiciary Committee is going to present further obstacles to the administration’s attempts to close the detention facility in Guantanamo Bay. Smith took the opportunity in his first press statement after the election to pledge that keeping the prison open for business would be one of his top priorities for the coming session.

Republican staffers on the Senate Select Intelligence Committee have already begun to investigate the security regimes under which former GTMO detainees cleared for release are currently living in the European countries that stepped forward to offer them sanctuary. We can expect to see security concerns raised in an effort to block the further release of cleared detainees.

Another troubling outcome of the vote was the election to the House of Representatives of Allen West (R-Florida) whose war record in Iraq one would have thought would have disqualified him from office. In August 2003 Lt. Col. West stood by and watched his men beat up an Iraqi suspect, Yehiya Kadoori Hamoodi. He then threatened to kill Hamoodi, drawing his own handgun and discharging it next to the prisoner’s head.

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