Obama has announced that he will issue the order ending the military commissions and beginning the process of closing Gitmo, but figuring out what to do with some of the prisoners will take longer. Partly that's because we can't find anyone to take those we want to release because they're, you know, innocent and partly because there are some Obama doesn't want released because he thinks they're guilty. He says the evidence wouldn't stand up in court, but nevertheless he believes the charges are true.
There has been some gnashing of teeth from liberals and some crowing from conservatives over this perfectly predictable outcome. The presumption seems to be that either Obama must let these guys go right now and vindicate the Constitution, on one hand, or hold them and acknowledge that Bush and Cheney were right all along (about everything, presumably). That is, liberty and security are irreconcilable.
There is at least one way I can think of to give these guys a fair trial: Start over. The evidence against them currently is tainted by secrecy, hearsay and torture, so don't use it. Create a firewalled investigative team and send them into the field. Collect witness statements. Examine evidence. Put together a case. If there is enough to indict, then do it. Give them real lawyers - there are plenty of volunteers available - who can put on a real defense. If there isn't enough to indict, then let them go.
There are probably lots of other ways to accomplish the goal of protecting both freedom and safety. That's what the legal system is supposed to be all about. But you have to start off with personnel who are acting in good faith, and starting January 20th, I think we'll have that.
Comments