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Author Topic: 2009 - US Government Power Transfer News  (Read 4576 times)
LyricFox
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« Topic Start: January 22, 2009, 10:52:36 am »

Strange heading, I know, but the next several weeks will likely include a whole bunch of things that come out that the Bush Administration buried and that the Obama Administration is revealing or changing.

So rather than clutter up current news threads, I'll start this one.

Anything that's being significantly changed or addressed since the shift in power should go in here. In a couple of months, I'll redo our news topics to reflect what I hope to be the reduction in necessary news postings.
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LyricFox
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« Reply #1: January 22, 2009, 10:55:07 am »

Obama set to shut CIA's secret prisons
President also moving on Guantanamo as part of reversal of past policies

WASHINGTON - Moving quickly to reverse many former Bush administration policies, President Barack Obama readied on Thursday national security moves that included preparations to close the Guantanamo Bay prison, review military trials for terror suspects and ban harsh interrogation tactics.

http://www.msnbc.msn.com/id/28788175/
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LyricFox
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« Reply #2: January 22, 2009, 10:56:17 am »

Something that I"m sure won't surprise too many people.

New staff find White House in tech Dark Ages
'It's kind of like going from an Xbox to an Atari,' an Obama aide says

WASHINGTON - If the Obama campaign represented a sleek, new iPhone kind of future, the first day of the Obama administration looked more like the rotary-dial past.

http://www.msnbc.msn.com/id/28787998/
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« Reply #3: January 22, 2009, 01:42:04 pm »

Obama set to shut CIA's secret prisons
President also moving on Guantanamo as part of reversal of past policies

WASHINGTON - Moving quickly to reverse many former Bush administration policies, President Barack Obama readied on Thursday national security moves that included preparations to close the Guantanamo Bay prison, review military trials for terror suspects and ban harsh interrogation tactics.

Could he just, i don't know, keep them open so he can throw certain members of the old regime in it Grin
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« Reply #4: January 22, 2009, 02:26:14 pm »


You know in some ways I hope they do get a chance to change all that, I mean facebook could be a good way to keep the promised open sky policy. I mean a LOT of young people (myself included) use facebook. Granted, there would have to be some security updates, but really its not like we don't have that kinda tech, for not too terribly much.
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« Reply #5: January 22, 2009, 02:33:47 pm »

Anything that's being significantly changed or addressed since the shift in power should go in here. In a couple of months, I'll redo our news topics to reflect what I hope to be the reduction in necessary news postings.

Here are a few more for you:

Changes in lobbying rules and a pay freeze for the highest-paid White House staffers:
http://www.msnbc.msn.com/id/28767687/

Hey look, it's the Freedom of Information Act!:
http://voices.washingtonpost.com/federal-eye/2009/01/_in_a_move_that.html?hpid=topnews

And on a lighter note, take off that damn suit jacket:
http://politicalticker.blogs.cnn.com/2009/01/21/a-major-bush-rule-gets-scrapped-by-obama/
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« Reply #6: January 22, 2009, 03:24:31 pm »

Obama set to shut CIA's secret prisons
President also moving on Guantanamo as part of reversal of past policies

WASHINGTON - Moving quickly to reverse many former Bush administration policies, President Barack Obama readied on Thursday national security moves that included preparations to close the Guantanamo Bay prison, review military trials for terror suspects and ban harsh interrogation tactics.

http://www.msnbc.msn.com/id/28788175/

Meh, it's nothing for liberals to be happy about.  Analysis from Volokh points to all sorts of holes. About the only certainty is that the prisoners will no longer be in Gitmo. 

Draft exective order to close Gitmo. (warning: 5 page PDF)
http://www.aclu.org/pdfs/safefree/gitmo_draft_order.pdf

Volokh analyis:
http://www.volokh.com/posts/1232643493.shtml

From a quick skim, there is nothing that would prevent Obama from asking the military reveiw board to change their status to POW and treat them in accordance with the Geneva Conventions.  That would probably solve the security issue so long as they are held in the US.





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« Reply #7: January 22, 2009, 03:50:21 pm »

Meh, it's nothing for liberals to be happy about.  Analysis from Volokh points to all sorts of holes. About the only certainty is that the prisoners will no longer be in Gitmo. 

Peter,

Would you please quite doing the "liberals happy/not" business? My point of posting this wasn't to make ANYONE happy. It's to post a link to the damned article. If you want to discuss it, fine, but lets not start out by bringing the conversation down to the point of playground arguments. Ditto for pointing me to some website. What are YOUR thoughts on the issue? That's more what interests me than some random blog posting.
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« Reply #8: January 22, 2009, 04:46:28 pm »

Meh, it's nothing for liberals to be happy about.  Analysis from Volokh points to all sorts of holes. About the only certainty is that the prisoners will no longer be in Gitmo. 

Two points:

1) Not at Gitmo under an administration that thinks that means they have no rights and are not subject to the Constitution even while on US soil under US control is a damn fine start.  To be honest, I had little problem with housing the prisoners at Gitmo until it became obvious that it was only being done because the then leadership of this country thought it meant they were not subject to the US Courts, US law, or the US Constitution.

2) One can find loopholes in ANY directive, law, or other legal document. Problems usually only happen when people are looking for loopholes to get out of following the spirit and intention of the document. While looking for legal loopholes seemed to be the standard modus operandi of the previous administration, there isn't any evidence that it will be so under the current administration.
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« Reply #9: January 22, 2009, 05:51:02 pm »


I suspect he'll find it very hard to close Gitmo unless you can get a change in status from enemy combatant to POW.  There really isn't any place he can release these people other than the US and Canada.  (Europe is out after a recent EUHRC ruling).

He obviously doesn't want to release dangerous ones to the US;

he has some that Bush and military wanted to release but has no place to send them under US law.

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« Reply #10: January 22, 2009, 05:54:19 pm »

I suspect he'll find it very hard to close Gitmo unless you can get a change in status from enemy combatant to POW.  There really isn't any place he can release these people other than the US and Canada.  (Europe is out after a recent EUHRC ruling).


I would think that status change would be the first step, though I've no idea how to go about doing it. Since it was a declaration by Bush, I wonder if a declaration by Obama would be enough. Any idea?
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« Reply #11: January 22, 2009, 09:29:48 pm »

I suspect he'll find it very hard to close Gitmo unless you can get a change in status from enemy combatant to POW. 

Which ought to be relatively easy since that's the status recommended for many of them to begin with. The others should probably be defendants in normal criminal proceedings (either normal civilian or military courts).
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« Reply #12: January 22, 2009, 10:00:00 pm »

Which ought to be relatively easy since that's the status recommended for many of them to begin with. The others should probably be defendants in normal criminal proceedings (either normal civilian or military courts).

I suspect it has to be an either / or.  If they are POWs, under the GC they can not be tried for crimes other than war crimes generally.  It would be tough row to hoe I'd think to say that some are regular criminials and others are POWs.

The problem with POW status is that we are effectively ignoring the major reason for the GC.  POW status is a privilege, not a right.
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« Reply #13: January 22, 2009, 10:36:34 pm »

I would think that status change would be the first step, though I've no idea how to go about doing it. Since it was a declaration by Bush, I wonder if a declaration by Obama would be enough. Any idea?
Yes, as the current Commander in Chief Obama's orders override prior ones.  Is it politically wise is another story.   
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« Reply #14: January 22, 2009, 10:49:40 pm »

I would think that status change would be the first step, though I've no idea how to go about doing it. Since it was a declaration by Bush, I wonder if a declaration by Obama would be enough. Any idea?

Possibly, sort of.

Obama might be able to tell the review board that POW status will be accorded to those enemy combatants who otherwise don't qualify due to GC violations. That can be done very quickly. It only takes 3 officers to hold a GC determination board, although the recent Executive Order has made that a much larger group. 

Not sure though if that would not get tangled up in the US court system though.  I suspect that the lawyers will argue Against any declartion of POW status for their clients.
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