| Jamie Dupree |
Guantanamo Bay
The announcement that the Obama Administration will try 9/11 mastermind Khalid Sheikh Mohammed raises some important issues when it comes to what Congress has decided about detainees at Guantanamo Bay.
Just take a look at the language that was recently signed into law by President Obama, when he signed the 2010 Defense Authorization Act, H.R. 2647.
This section would seem to preclude any transfer of a detainee to the United States for trial. Read it yourself and tell me what you think.
SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Release Prohibition- During the period beginning on October 1, 2009, and ending on December 31, 2010, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department of Defense to release into the United States, its territories, or possessions, any individual described in subsection (e).
(b) Transfer Limitation- During the period beginning on October 1, 2009, and ending on December 31, 2010, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department of Defense to transfer any individual described in subsection (e) to the United States, its territories, or possessions, until 45 days after the President has submitted to the congressional defense committees the plan described in subsection (c).
(c) Comprehensive Plan Required- The President shall submit to the congressional defense committees a plan for the disposition of each individual described in subsection (e) who is proposed to be transferred to the United States, its territories, or possessions. Such plan for each individual shall include, at a minimum--
(1) an assessment of the risk that the individual described in subsection (e) poses to the national security of the United States, its territories, or possessions;
(2) a proposal for the disposition of each such individual;
(3) the measures to be taken to mitigate any risks described in paragraph (1);
(4) the location or locations at which the individual will be held under the proposal for disposition required by paragraph (2);
(5) the costs associated with executing the plan, including technical and financial assistance required to be provided to State and local law enforcement agencies, if necessary, to carry out the plan;
(6) a summary of the consultation required in subsection (d); and
(7) a certification by the Attorney General that under the plan the individual poses little or no security risk to the United States, its territories, or possessions.
(d) Consultation Required- The President shall consult with the chief executive of the State, the District of Columbia, or the territory or possession of the United States to which the disposition in subsection (c)(2) includes transfer to that State, District of Columbia, or territory or possession.
(e) Detainees Described- An individual described in this subsection is any individual who is located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who--
(1) is not a citizen of the United States; and
(2) is--
(A) in the custody or under the effective control of the Department of Defense; or
(B) otherwise under detention at the United States Naval Station, Guantanamo Bay, Cuba.
What others are saying
- Prisoner TransferThis bill will have no effect on the transfer of any Gitmo inmates to the US. All they have to do it have the US Marshal's Service pick them up and move them to anywhere in the US they want. It only prevents the Department of Defense from moving them with their money. The Marshal's Service which is part of the Justice Department can move them at their (taxpayer) expense.
- sec def vs. AGSeems as I read it that the prohibitions are primarily targeting the Sec. Def. and the use of Defense money. Does the AG have authority to move the prisoner circumventing the Sec. Def.? Or does the AG simply plan to file the comprehensive plan in Section (c).
I'm pretty sure they can get around this law. - IdiotBjones@hotmail.com.
Here comes the spam...liberal fool - GitmoBJones,
It is you who does not understand the Constitution nor the Geneva Convention. These terrorists are not common criminals to be tried in a US civilian court. They are warriors for Isalm who have dedicated themselves to the destruction of the US. They were captured on the battlefield, have violated most rules of war under the Geneva Convention and must only be tried as war criminals. - This section does not make it illegalThis section only says that Obama cannot use the money to bring detainees here to be released. It further says that if he wants to use the money to bring the detainees here for trial, he must submit a plan 45 days ahead of time.
- email addressBecause you put your email address in the "Your Name" field, you liberal wienie. Stop crying over your own ignorance.
- email addressJamie
Why did you post my email address?...
B Jones - Bjones@hotmail.comThis should have been done long ago...Our Constitution is stronger than any Terrorist...I can't believe conservatives don't believe in the Constitution anymore...Interesting?
- transfer from GuantanamoOf course Pres. Obama did not read the bill. It was not on a telepromter. Beside he has very little compunction to follow the letter of the law.
- We tried to tell them....How many times have we said it?: READ THE BILL! His own plan of hiding-cheating-slight of hand backfired! Maybe now he will even read before he signs.
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