Several interesting news stories recently on the partisan struggle regarding closing Gitmo. The first was a McClatchy article on former VP Cheney’s speech yesterday to the American Enterprise Institute — the center of Neocon World. In it they charge that the speech was filled with misstatements, exaggerations and omissions. Lately, Cheney has been acting like someone desperately trying to rewrite history, or in some cynical way hoping for vindication should another attack come, or could it be that he’s trying to taint a war crimes jury pool? His daughter Liz has been on TV almost as much as her father, pleading his case right along with him. On CNN’s “AC 360,” she acknowledged that fear of prosecution does indeed explain his near omnipresence. And yet there is another factor that might be involved — the former VP’s anger at Bush for not pardoning Scooter Libby. Could he be so angry that he is trying to hurt Bush’s legacy? Wow.
Cheney’s not getting much help outside the family. The chorus of voices on the other side is getting louder, and some of the voices in that chorus are former members of the Bush/Cheney administration. It is as if the majority of sane people want to close Gitmo — Bush called for it in the latter days of his presidency, as did McCain, Gates, and a number of other Republicans. But closing it is a difficult prospect. What to do with the detainees that we’ve spent 8 years demonizing? Meanwhile, while Cheney continues to play the fear card, with some benefit, President Obama and others are calling for a discussion of how best to proceed.
The RNC is doing a remix of a 1964 campaign ad. The so-called “Daisy” ad played very effectively to American’s fears about the Soviet Union and the possibility of nuclear annihilation. Don’t forget that this ad ran a mere two years after the Cuban Missile Crisis when many Americans expected that all-out nuclear war was just hours or days away. The irony in doing a remix of this ad is that it follows immediately upon the pronouncement that the GOP is done looking backward and that they will confront the President with classiness. So the first thing they do is to look back for inspiration to something that was done — to them — 45 years ago. The new ad plays upon the fears that somehow the Gitmo detainees are going to be released onto American streets rather than tried and, if convicted, locked up in supermax prisons.
Fear is likely at the heart of the debate on all sides. Is it fear that somehow our justice and penal systems aren’t up to the task of determining the fate of the 250 remaining detainees? Or is it a deeper fear that in determining their fate, we will learn that the entire policy system that supports the detention system was flawed from its inception? Fear was, after all, what led to that system’s creation. Fear of another attack. Fear of all Muslims.
So, how did fear specifically play itself out with the detainee system? First, we didn’t devise a good system for identifying which people were really Al Qaeda associates or sympathizers. Instead, lacking language and cultural knowledge, we relied on villagers and tribal elders, not considering that we were providing them a way to settle grievances that had absolutely no connection to 9/11, Al Qaeda, or even terrorism. We just wanted the bad guys rounded up, yesterday if possible. We’d figure out later how to sort them out, if any sorting needed to be done. So, after rounding them up — off the battlefield, off the streets, out of airports, in their homes — we started questioning them. But because we were afraid, we didn’t believe them when they said they weren’t part of Al Qaeda, that they didn’t hate Americans. Ah, we said, they must hate us. After all, they’re Muslims. So, we pushed them harder and harder, using ever harsher means to question them. We sent them off to other countries — countries who had no qualms about torturing people to gain confessions. And we began torturing them ourselves.
Finally, we began to come to our senses — just a little. And we got scared about what we had done. After all, torture is a violation of the Geneva Conventions, other international laws and treaties, and even US law. So, we “reasoned,” we needed to make sure our guys — from the people doing the interrogations to those who authorized them — wouldn’t get hauled up on war crimes charges. So we came up with the novel idea of getting some lawyers to write opinions that said it wasn’t torture after all. We defined the detainees as “unlawful enemy combatants” instead of prisoners of war to avoid the Geneva Conventions. And we set up a prison at a US Navy base in Cuba. That wasn’t on US soil, so US law wouldn’t apply. We could just make up the rules as we went along. And we’d just question the patriotism of anyone who objected. Whew! That’d cover us. Except that it didn’t. Because those among us who didn’t object — whether they actually supported the program or just remained silent — are morally complicit.
Another aspect of this whole thing about the detainees is the assumption — on the part not just of Cheney but of potentially millions of Americans — that they are all guilty. Never mind that over 2/3 of those held at Gitmo have already been released for lack of evidence and that none have been tried. Never mind that some of those remaining have been declared innocent. Never mind that no court of law would accept evidence obtained under torture, and that as a result, some of those we believe are guilty may not be convicted. We created a disaster in this program, and President Obama is going to have the devil of a time trying to resolve it.
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