Text of President Obama's Executive Order Closing Guantanamo Bay Prison (Camp X-Ray)

Reprinted from The Huffington Post:

By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:



Section 1. Definitions. As used in this order:

(a) "Common Article 3" means Article 3 of each of the Geneva Conventions.

(b) "Geneva Conventions" means:

(i) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

(ii) the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

(iii) the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

(iv) the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

(c) "Individuals currently detained at Guantánamo" and "individuals covered by this order" mean individuals currently detained by the Department of Defense in facilities at the Guantánamo Bay Naval Base whom the Department of Defense has ever determined to be, or treated as, enemy combatants.

Sec. 2. Findings.

(a) Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantánamo. The Federal Government has moved more than 500 such detainees from Guantánamo, either by returning them to their home country

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or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantánamo are eligible for such transfer or release.

(b) Some individuals currently detained at Guantánamo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantánamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantánamo should precede the closure of the detention facilities at Guantánamo.

(c) The individuals currently detained at Guantánamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.

(d) It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantánamo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice. The unusual circumstances associated with detentions at Guantánamo require a comprehensive interagency review.

(e) New diplomatic efforts may result in an appropriate disposition of a substantial number of individuals currently detained at Guantánamo.

(f) Some individuals currently detained at Guantánamo may have committed offenses for which they should be prosecuted. It is in the interests of the United States to review whether and how any such individuals can and should be prosecuted.

(g) It is in the interests of the United States that the executive branch conduct a prompt and thorough review of the circumstances of the individuals currently detained at Guantánamo who have been charged with offenses before military commissions pursuant to the Military Commissions Act of 2006, Public Law 109-366, as well as of the military commission process more generally.

Sec. 3. Closure of Detention Facilities at Guantánamo. The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities,

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they shall be returned to their home country, released, transferred to a third country, or transferred to another

United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.

Sec. 4. Immediate Review of All Guantánamo Detentions.

(a) Scope and Timing of Review. A review of the status of each individual currently detained at Guantánamo (Review) shall commence immediately.

(b) Review Participants. The Review shall be conducted with the full cooperation and participation of the following officials:

(1) the Attorney General, who shall coordinate the Review;

(2) the Secretary of Defense;

(3) the Secretary of State;

(4) the Secretary of Homeland Security;

(5) the Director of National Intelligence;

(6) the Chairman of the Joint Chiefs of Staff; and

(7) other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General, with the concurrence of the head of the department or agency concerned.

(c) Operation of Review. The duties of the Review participants shall include the following:

(1) Consolidation of Detainee Information. The Attorney General shall, to the extent reasonably practicable, and in coordination with the other Review participants, assemble all information in the possession of the Federal Government that pertains to any individual currently detained at Guantánamo

and that is relevant to determining the proper disposition of any such individual. All executive branch departments and agencies shall promptly comply with any request of the Attorney General to provide information in their possession or control pertaining to any such individual. The Attorney General may seek further information relevant to the Review from any source.

(2) Determination of Transfer. The Review shall determine, on a rolling basis and as promptly as possible with respect to the individuals currently detained at Guantánamo, whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests

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of the United States and, if so, whether and how the Secretary of Defense may effect their transfer or release. The Secretary of Defense, the Secretary of State, and, as appropriate, other Review participants shall work to effect promptly the release or transfer of all individuals for whom release or transfer is possible.

(3) Determination of Prosecution. In accordance with United States law, the cases of individuals detained at Guantánamo not approved for release or transfer shall be evaluated to determine whether the Federal Government should seek to prosecute the detained individuals for any offenses they may have committed, including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution, and the Review participants shall in turn take the necessary and appropriate steps based on such determinations.

(4) Determination of Other Disposition. With respect to any individuals currently detained at Guantánamo whose disposition is not achieved under paragraphs (2) or (3) of this subsection, the Review shall select lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice, for the disposition of such individuals. The appropriate authorities shall promptly implement such dispositions.

(5) Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guantánamo to facilities within the United States, and the Review participants shall work with the Congress on any legislation that may be appropriate.

Sec. 5. Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order.

Sec. 6. Humane Standards of Confinement. No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter.

Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military

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commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

Sec. 8. General Provisions.

(a) Nothing in this order shall prejudice the authority of the Secretary of Defense to determine the disposition of any detainees not covered by this order.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,

January 22, 2009.

Obama on Top of the World: The President Bans Torture

Latest Updates: Obama on Top of the World (23 January)

Text of the Obama Order Closing Guantanamo Bay

CNN leads with President Barack Obama's signing of orders to close Guantanamo Bay and to review the cases of all detainees. While missing the related and equallysignificant story that Obama is seeking to close all CIA "black prisons" around the world, it does add anotherfar-from-minor detail.

Obama has formally banned torture. To be precise, the techniques in the Army field manual used for "enhanced interrogations". These are the techniques that were sanctioned by the manoeuvres of Vice President Dick Cheney and his staff, the executive orders of former President George W. Bush, the memoranda of Bush White House legal advisors John Yoo and Alberto Gonzales, and the formal approval of Secretary of Defense Donald Rumsfeld. Indeed, they are the techniques that underlay "waterboarding", the symbolic evil of Abu Ghraib, and the as-yet-undiscovered application of torture in other cases from Guantanamo Bay to Iraq to Afghanistan to CIA sites in Eastern Europe.

Your Obama on Top of the World Updates (22 January)

Related Post: The Joseph Lowery Benediction
Related Post: The Inaugural - The Daily Show Tribute

5:55 p.m. Mike here- one last update: Obama has called on Israel to open its borders with Gaza.

5 p.m. Well, that's Day 2 (so far) of the Great Obama Foreign Policy Journey. Tomorrow, we'll attempt an assessment of the ups, downs, and in-betweens of the initial meetings and decisions.

The President's moves not only on Guantanamo Bay but on CIA black sites were encouraging, even if they cannot be implemented soon. Less encouraging, despite all the fanfare at the State Department were the Mitchell and Holbrooke appointments, as it is not clear the Administration has really thought through its diplomatic approach. It is a blessing, at least, that Obama and Hillary Clinton did not make the situation worse by naming Dennis Ross as envoy on Iranian matters, a move only slightly less provocative than appointing Mike Tyson to keep the peace.

The emerging conflict and muddle over Iraq and Afghanistan, brought out by the Robert Gates statement and the military-White House competing briefings on Iraq, is not encouraging.

Good night and peace to all.

4:50 p.m. Secretary of Defense Robert Gates has issued what is, frankly, a very strange statement on the Administration's goals in Afghanistan.

Gates, unintentionally, points to the conflict that has already broken out over troop levels in Iraq and Afghanistan, stating that "no decision on troop deployments to Afghanistan has been made". What is even more disconcerting, however, is his explanation that the Obama Administration's new war plan will focus on "very concrete things" such as establishing control in parts of the country, going after al Qaeda, and delivering services and security for the Afghan people.

Hmm....isn't that what the Bush Administration was doing? Apparently not: "The goals we did have for Afghanistan [were] too broad and too far into the future, [were] too future-oriented, and [were] we need more concrete goals that can be achieved realistically within three to five years."

That, to be blunt, is gobbledy-gook. One can only hope it is not reflective of the thinking in the NSC-military meeting yesterday.



4:40 p.m. And is that an Obama pre-emptive strike in the US approach to Iran? He declares that all external support for "terrorist organizations in the Middle East" must be halted.

4:35 p.m. But George Mitchell, I fear, may already be boxed in by his President. After declaring to applause that "the US will not torture", Obama firmly declared that Hamas must not re-arm and recognise Israel's right to exist.

The question is whether the US Government will discreetly talk to Hamas in advance of such a statement, hoping to move the organisation towards recognition of Tel Aviv, or set recognition as a pre-condition for any discussions. If the latter, the Mitchell mission is a non-starter.

4:30 p.m. George Mitchell's opening statement was professional and suitably non-committal. He said there was no conflict that could not be resolved and promised a sustained effort by the Obama Administration towards Middle Eastern peace.

A reader notes, "The word Palestinians was used twice, the word Ireland I lost count. Good to know they're sending a clear message."

4:25 p.m. A bit of a show at State Department as President Obama and Vice President Biden in clear show of support --- a far cry from the ostracism of the Department and its Secretary,  Colin Powell, in first term of Bush Administration.

3:55 p.m. Richard Holbrooke has also been confirmed as envoy to Afghanistan, Pakistan, and India. However --- and this is both unexpected and significant --- Dennis Ross has not been named as envoy on Iranian matters.

3:40 p.m. Confirmation that George Mitchell will be Barack Obama's envoy to the Middle East. The former Senator and experienced negotiator, who helped broker the 1998 Northern Ireland agreement and served as Bill Clinton's envoy in 2000 to Israel and Palestine, is of Lebanese descent. Officials and Administration contacts are keen to play up Mitchell as an honest broker:

By naming Mitchell as his personal envoy, Obama is sending a diplomatic heavyweight to the region. "He's neither pro-Israeli nor pro-Palestinian," Martin S. Indyk, a former U.S. ambassador to Israel, told The New York Times. "He's, in a sense, neutral."

Mitchell is probably best known on the world stage for the Good Friday agreement he negotiated between Roman Catholics and Protestants that created a cease-fire in Northern Ireland in 1998.

2:35pm A list of all Obama's executive orders to date is being published here. (Thanks, mhasko)

1:35 p.m. It's official. Obama has signed an executive order requiring the Guantánamo Bay detention facility be closed within a year.

1:30 p.m. ABC News reports that there were no arrests at Tuesday's inauguration.

10 a.m. And so the manoeuvring within the Obama White House begins. The President, as we noted, tried to lock down any speculation over the outcome of yesterday's meeting of the National Security Council and military with the statement, "I asked the military leadership to engage in additional planning necessary to execute a responsible military drawdown from Iraq."

However, CNN has heard from "Pentagon officials [who] said the generals left believing they were not ordered to being implementing [Obama's] campaign promise to pull all US combat troops from Iraq within 16 months". So a White House official is "insisting that the President did remind the commanders of his goal to remove troops, but he wants to get their input, so he asked them to come up with a plan that's workable".

9:35 a.m. They Just Won't Go Away: All week long, The Wall Street Journal has been desperately insisting that former President Bush was jolly good for the United States and one day we'll all be grateful for his wisdom and leadership. Today it's Karl Rove's turn, as he moves from "the thoughtfulness and grace so characteristic of this wonderful American family" to declare "right about Iraq", "right to take the war on terror abroad", "right to be a unilateralist", say on AIDS in Africa, right on tax cuts, right on Medicare, etc.

Number of times Hurricane Katrina mentioned in article: 0

9:30 a.m. Dramatic, almost star-struck scenes as the new Secretary of State, Hillary Clinton, addresses State Department staff. Career diplomats are standing on desks to get a glimpse of Clinton. There is huge enthusiasm when Clinton promises to remedy the "neglect" the Department has suffered in recent years.

7:25 a.m. Today's Axis of Evil Alert: Lawyer Robert Amsterdam in The Washington Post:

The administrations of Hugo Chávez in Venezuela and Vladimir Putin in Russia are enjoying a robust, burgeoning friendship. Though they are separated by 6,000 miles, the two leaders' bond is sealed not only by their similar tastes for repressive authoritarianism, oil expropriations and large arms deals but also by parallel trends of increasing violence and murder on the streets of their cities.

7:15 a.m. Culture of Fear Alert: Marc A. Thiessen, former speechwriter for former President George W. Bush: "President Obama has inherited a set of tools that successfully protected the country for 2,688 days -- and he cannot dismantle those tools without risking catastrophic consequences."

(Note: George W. Bush was also President from 20 January to 11 September 2001, when more than 3000 people were killed in attacks in the United States.)

7 a.m. The Dark-Horse Crisis? Under the radar of most of the media, the situation in Somalia (and the Bush Administration's policy there) continues to deteriorate. The Washington Post sounds the alarm, "With Ethiopian Pullout, Islamists Rise Again in Somalia". UN agencies are threatening to halt food distribution because of attacks on their staff.

The US-fostered and Ethiopia-implemented overthrow of the Islamic Courts government in 2006 was meant to install a "proper" Government that would support American plans in East Africa. Instead, that Somalian administration has collapsed, and "more radical" Islamic groups such as al-Shahab have emerged.

6:30 a.m. In overnight fighting in eastern Afghanistan, NATO and US military claim that 28 militants killed.

4:30 a.m. Still no significant word, however, on Obama's National Security Council meeting with military commanders, including General David Petraeus, on Afghanistan and Pakistan. Instead, after the meeting, Obama issued a holding statement:“I asked the military leadership to engage in additional planning necessary to execute a responsible military drawdown from Iraq....[I plan] to undertake a full review of the situation in Afghanistan in order to develop a comprehensive policy for the entire region.”

Dexter Filkins of The New York Times has an article, "In Afghan South, Taliban Fill NATO's Big Gaps", which highlights the tenuous situation in the country and possibly makes the Administration's case for a doubling of US troop levels.

4:20 a.m. Now, this is huge. According to The New York Times:

President Obama is expected to sign executive orders Thursday directing the Central Intelligence Agency to shut what remains of its network of secret prisons and ordering the closing of the Guantánamo detention camp within a year.

So the closure is not just of Camp X-Ray but of all the "black sites" involved in the rendition programmes pursued by the Bush Administration. Those sites, reportedly scattered across Eastern Europe, the Middle East, and Central Asia have handled and hidden away far more detainees than the number remaining in Guantanamo Bay. If Obama combines this with an order that US intelligence services do not operate these covert prisons in future, that will be a major step back to legal campaigns against those who threaten American security.

One caveat: this order will not affect Camp Bagram in Afghanistan, which is run by the US military and is by far the biggest American detention facility outside the United States.

3:45 a.m. Well, He's Got Fidel's Endorsement: Castro on-line statement says, "I do not have the slightest doubt of the honesty of Obama when he expresses his ideas."

2:45 a.m. So let me understand this: a President re-takes the oath of office to ensure he adheres to the US Constitution while a former President and his advisors, who trampled all over the Constitution, don't have to do anything?

1:05 a.m. Today Obama will sign the order, which we mentioned yesterday, promising the closure of the Guantanamo Bay detention facility within 12 months.

Morning update (1 a.m.) One of the minor setbacks for President Obama yesterday was the delay in naming a team to implement the approach to the Middle East, Iran, and Central/South Asia. Simple reason --- it wouldn't have been fitting to roll out his special envoys before Hillary Clinton was appointed as Secretary of State.

This will be remedied today with the naming of George Mitchell as envoy to Israel and Palestine, Dennis Ross as envoy to Iran, and Richard Holbrooke as envoy to Afghanistan, Pakistan, and India. The announcement brings back three politicians/diplomats from the global negotiations of the 1990s.

We'll offer an analysis as soon as the news is confirmed but, in brief.... Mitchell (with experience that includes the brokering of a Northern Ireland settlement) is an excellent choice but will be limited by Obama's so-far passive approach to the Gaza crisis and possibly by a policy that will not countenance any inclusion of Hamas in negotiations. Holbrooke (with his record in cases such as the Balkans talks in the 1990s) is well-qualified. Ross (as Bill Clinton's representative in Israel-Palestine talks) has experience but --- with a hard-line towards Tehran and ties with groups that countenance coercion of Iran rather than diplomacy --- could be a major error.

The Latest from Gaza/Palestine (22 January)

Latest Post: The Gaza Conflict Reaches Home - Demonstrations at the University of Birmingham

11:40 p.m. And is that an Obama pre-emptive strike in the US approach to Iran? He declares that all external support for "terrorist organizations in the Middle East" must be halted.

11:35 p.m. But George Mitchell, I fear, may already be boxed in by his President. After declaring to applause that "the US will not torture", Obama firmly declared that Hamas must not re-arm and recognise Israel's right to exist.

The question is whether the US Government will discreetly talk to Hamas in advance of such a statement, hoping to move the organisation towards recognition of Tel Aviv, or set recognition as a pre-condition for any discussions. If the latter, the Mitchell mission is a non-starter.

11:30 p.m. George Mitchell's opening statement was professional and suitably non-committal. He said there was no conflict that could not be resolved and promised a sustained effort by the Obama Administration towards Middle Eastern peace.

A reader notes, "The word Palestinians was used twice, the word Ireland I lost count. Good to know they're sending a clear message."



10:45 p.m. Confirmation that George Mitchell will be Barack Obama's envoy to the Middle East. The former Senator and experienced negotiator, who helped broker the 1998 Northern Ireland agreement and served as Bill Clinton's envoy in 2000 to Israel and Palestine, is of Lebanese descent. Officials and Administration contacts are keen to play up Mitchell as an honest broker: ""He's neither pro-Israeli nor pro-Palestinian. He's, in a sense, neutral."

10 p.m. Ha'aretz reports that Hamas is pledging to distribute a total of $37 million to the Gazan population from Sunday. It's a shrewd political as well as economic move, if it can be pulled off, as the Palestinian Authority has been prevented by Israel from distributing $60 million in Gaza since the war began on 27 December.

5:30 p.m. We've just posted on the significance of an extended comment by Moussa Abu Marzook, the deputy political director of Hamas, in The Guardian of London.

1:55 p.m. Speaking to Al Jazeera's Ayman Moyheldin, European Commissioner Benita Ferrero-Waldner not only rebuffs Hamas leader Khaled Meshaal's approach for talks but presses "inter-Palestinian reconcilation": "There is a President elected by all the Palestinians: that is Mahmoud Abbas." European Commissioner will not talk to Hamas until it "renounces violence and recognises Israel".

(Note: Technically, Abbas' term as President ended on 9 January.)

1:50 p.m. Important development: Egypt is hosting meeting with Palestinian factions under the umbrella of the Palestine Liberation Organisation, which includes Fatah and the Popular Front for the Liberation of Palestine. Hamas is still "forming its delegation" to go to Cairo. Topics will include reconstruction.

This is not quite a "reconciliation" meeting, but it at least gets Hamas in the same location as the groups in the PLO.

1:30 p.m. Al Jazeera reporting at least 100,000 Gazans homeless.



12:30 p.m. The United Nations has released photographs of the Israeli assault on its compound, including what appear to be white phosphorous "wedges" falling upon the buildings.

11:30 a.m. Stephen Erlanger's analysis in today's New York Times of the Israel/Palestine situation opens with a howler:

The new Obama administration faces an immediate policy choice: support a Palestinian unity government, as Egypt and the Palestinian president, Mahmoud Abbas, want, or continue to isolate Hamas and concentrate on building up the West Bank as a political alternative to radical Islam.

This, of course, is not a choice. The support of Abbas and the Palestinian Authority is part of the strategy to isolate Hamas. Erlanger apparently doesn't fathom that the political coding of "Palestinian unity government", as long as no one will speak with Hamas, means the support of one Palestinian faction over another.

11:10 a.m. Meanwhile, in the Symbolic but Largely Irrelevant Department: UN Security Council unanimously adopts statement, drafted by Britain and France, welcoming "ceasefires", expressing "grave concern" over humanitarian situation, and calling on member states to step up efforts to stop arms trafficking and ensure the reopening of all crossings in the territory.

It's largely irrelevant because the statement puts no pressure on Israel to relinquish its grip on Gazan economy and infrastructure, let alone reopen the crossings. Conversely, the reference to an end to arms trafficking will be seen as support of the US-Europe-Israel initiative to police the sea-lanes and tunnels of Gaza.

11:00 a.m. Juan Cole has an excellent review of the situation in Gaza, asking --- among other questions --- where Israel's military attempt to break Hamas has actually strengthened the organisation.

Morning update (10:30 a.m. Israel/Gaza time): The Executive Committee of the Palestine Liberation Organization issued a statement from Ramallah on Wednesday that "any resumption of peace talks with Israel would require the Jewish state to commit to withdraw from land occupied in 1967 and freeze all settlement activity".

This can be read as an attempt by the Palestinian Authority of Mahmoud Abbas to regain some initiative after the Gaza conflict, with the PA trying to shape an agenda ahead of President Obama's appointment of George Mitchell as Middle Eastern envoy later today. It will be intriguing to see if the US and Israel accept the PA's placing of these issues on the table; if they don't, then the PA is in a very difficult, almost subservient, position.

Of course, this does nothing to approach the Gaza situation but is in effect an attempt to work around it.

The Inauguration: The Joseph Lowery Benediction

Related Post: Your Obama on Top of the World Updates (22 January)

In the discussion of the Inauguration, we've been overwhelmed by e-mails from readers praising the Inaugural Benediction by Reverend Joseph Lowery. Lowery, now 87, helped lead the Montgomery Bus Boycott of 1955, which brought Martin Luther King, Jr., to prominence. He is a founder of the Southern Christian Leadership Conference which helped organise the Civil Rights Movement in the 1960s, and he led the Selma-to-Montgomery march in 1965. More than forty years later, Lowery is still at the forefront of the ongoing quest for civil rights, both at home and abroad.

This wasn't just a prayer, this was a call to unity reaching from the past to look to the future.

[youtube]http://uk.youtube.com/watch?v=7pEH37JIgBU[/youtube]