Blog
Published on January 22, 2009
Surrounded by a group of retired military leaders who have worked with HRF over the last several years on these issues, President Obama signed three executive orders and a presidential directive:
WASHINGTON (AP) — President Barack Obama began overhauling U.S. treatment of terror suspects Thursday, signing orders to close the Guantanamo Bay detention center, review military war crimes trials and ban the harshest interrogation methods.
“We intend to win this fight. We’re going to win it on our terms,” Obama said as he signed three executive orders and a presidential directive in the Oval Office. Obama explained each order before he put his pen to them and occasionally solicited input from White House counsel Greg Craig to make sure he was describing them correctly.
With his action, Obama started changing how the United States prosecutes and questions al-Qaida, Taliban or other foreign fighters who pose a threat to Americans — and overhauling America’s image abroad, battered by accusations of the use of torture and the indefinite detention of suspects at the Guantanamo prison in Cuba.
“The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals,” the president said.
The centerpiece order would close the much-maligned Guantanamo facility within a year, a complicated process with many unanswered questions that was nonetheless a key campaign promise of Obama’s. The administration already has suspended trials for terrorist suspects at Guantanamo for 120 days pending a review of the military tribunals.
In the other actions, Obama:
– Created a task force that would have 30 days to recommend policies on handling terror suspects who are detained in the future. Specifically, the group would look at where those detainees should be housed since Guantanamo is closing.
– Required all U.S. personnel to follow the U.S. Army Field Manual while interrogating detainees. The manual explicitly prohibits threats, coercion, physical abuse and waterboarding, a technique that creates the sensation of drowning and has been termed a form of torture by critics. However, a Capitol Hill aide says that the administration also is planning a study of more aggressive interrogation methods that could be added to the Army manual — which would create a significant loophole to Obama’s action Thursday.
“We believe that the Army Field Manual reflects the best judgment of our military, that we can abide by a rule that says we don’t torture, but that we can still effectively obtain the intelligence that we need,” Obama said. He said his action reflects an understanding that “we are willing to observe core standards of conduct, not just when it’s easy, but also when it’s hard.”
– Directed the Justice Department to review the case of Qatar native Ali al-Marri, who is the only enemy combatant currently being held on U.S. soil. The review will look at whether al-Marri has the right to sue the government for his freedom, a right the Supreme Court already has given to Guantanamo detainees. The directive will ask the high court for a stay in al-Marri’s appeals case while the review is ongoing. The government says al-Marri is an al-Qaida sleeper agent.
An estimated 245 men are being held at the U.S. naval base in Cuba, most of whom have been detained for years without being charged with a crime. Among the sticky issues the Obama administration has to resolve are where to put those detainees — whether back in their home countries or at other federal detention centers — and how to prosecute some of them for war crimes.
In his first Oval Office signing ceremony, Obama was surrounded by retired senior military leaders. He described them as outstanding Americans who have defended the country — and its ideals.
