Liberty Maven

In his first Executive Orders, Obama restores habeas corpus and declares the shuttering of Guantanamo Bay within a year.

by Jake, the Champion of the Constitution
Originally published Friday, January 23, 2009 at http://www.nolanchart.com/article5862.html

Barack Obama has taken one “Change” that I approve of; I can only “Hope” for many more. Yesterday he ordered the shutdown of Guantanamo Bay within a year. OK, it could be done a little faster, but Constitutional and humanitarian beggars can’t be choosers. He also passed another executive order to “ensure lawful detentions” do not occur with the use of torture. He also ordered a review of detention policies. Here is an excerpt from the Guantanamo order:

“Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantanamo. The Federal Government has moved more than 500 such detainees from Guantanamo, either by returning them to their home country or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantanamo are eligible forsuch transfer or release.

“Some individuals currently detained at Guantanamo have been there for more than 6 years, and most have been detained for at least 4years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantanamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice.  Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantanamo should precede the closure of the detention facilities at Guantanamo.

“The individuals currently detained at Guantanamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.

“It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantanamo, and of whether their continued detention is in the national security and foreign policy interests of the UnitedStates and in the interests of justice. The unusual circumstances associated with detentions at Guantanamo require a comprehensive interagency review.”

I applaud the spirit and most of the letters in all three executive orders, especially the bolded sentence that just closing down Guantanamo is not enough. I will even go one step further if there is no evidence of a crime of terrorism, murder (not self-defense), etc., let them go. If there is evidence, place them on trial. Otherwise, there is no other option. Any insurgents could be declared Prisoners of War (POW), but that would require Congress to pass a silly measure, known as a Declaration of War against somebody or nation.

Through all of this, remember all Obama is doing is showing some simple human decency. While this should be applauded in today’s environment, remember what our government did to Jose Padilla, a US citizen.

This is a good sign that our new President will have a moral compass, perhaps it was a very good thing Obama decided to repeat the Presidential Oath.

Jake, the Champion of the Constitution

P.S. The Obama-Biden Stimulus Plan is still NOT going to work!

[Reach the Author Here!] www.CampaignForLiberty.com http://www.yaliberty.org/ endthefedusa.ning.com (Banner courtesy Mike Burke)

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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

As always, unlike the NFL, the author grants full permission to allow any accounts of, rebroadcasts, retransmissions, repostings in part or full of this article to your blog or anywhere else in order to promote the Restoration of our Republic.

Veritas numquam perit. Veritas odit moras. Veritas vincit. Truth never perishes. Truth hates delay. Truth conquers.

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