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Friday
Jan232009

President Obama's Remarks to State Department Staff (22 January)

Reprinted from The Washington Post, which also includes the remarks of Secretary of State Hillary Clinton, Vice President Joseph Biden, and special envoys George Mitchell and Richard Holbrooke

PRESIDENT OBAMA: Thank you. Thank you. Thank you. Thank you. Thank you so much. Please, everybody. Thank you. Be seated. Thank you so much.

It is my privilege to come here and to pay tribute to all of you, the talented men and women of the State Department. I've given you an early gift, Hillary Clinton.



(APPLAUSE)

You -- in her, you will have a secretary of state who has my full confidence. And I want to thank Chairman Kerry and the Senate for acting swiftly to confirm her, because we have no time to lose.

My appearance today, as has been noted, underscores my commitment to the importance of diplomacy and renewing American leadership. And it gives me an opportunity to thank you for the services that you perform every single day.

Sometimes I think the American public doesn't fully understand the sacrifices that you and your families make, the dedication that is involved in you carrying on your tasks day in, day out.

And I know I speak for Joe Biden, as well as everybody else on this stage, when we tell you that we are proud of you. You are carrying on a vital task in the safety and security of the American people.

And part of what we want to do is to make sure that everybody understands that the State Department is going to be absolutely critical to our success in the years to come, and you individually are going to be critical to our success in the years to come. And we want to send a signal to all kinds of young people who may be thinking about the Foreign Service that they are going to be critical in terms of projecting not just America's power, but also America's values and America's ideals.

The inheritance of our young century demands a new era of American leadership. We must recognize that America's strength comes not just from the might of our arms or the scale of our wealth, but from our enduring values. And for the sake of our national security and the common aspirations of people around the globe, this era has to begin now.

This morning, I signed three executive orders. First, I can say without exception or equivocation that the United States will not torture.

(APPLAUSE)

Second, we will close the Guantanamo Bay detention camp and determine how to deal with those who have been held there.

And, third, we will immediately undertake a comprehensive review to determine how to hold and try terrorism suspects to best protect our nation and the rule of law.

The world needs to understand that America will be unyielding in its defense of its security and relentless in its pursuit of those who would carry out terrorism or threaten the United States. And that's why, in this twilight struggle, we need a durable framework.

The orders that I signed today should send an unmistakable signal that our actions in defense of liberty will be just as our cause and that we, the people, will uphold our fundamental values as vigilantly as we protect our security. Once again, America's moral example must be the bedrock and the beacon of our global leadership.

We are confronted by extraordinary, complex and interconnected global challenges: the war on terror, sectarian division, and the spread of deadly technology. We did not ask for the burden that history has asked us to bear, but Americans will bear it. We must bear it.

Progress will not come quickly or easily, nor can we promise to right every single wrong around the world. But we can pledge to use all elements of American power to protect our people and to promote our interests and ideals, starting with principled, focused and sustained American diplomacy.

To carry forward that effort, we are going to be calling on your hard work and perseverance in the months and years to come. Given the urgency and complexity of the challenges we face and to convey our seriousness of purpose, Secretary Clinton and I are also calling upon the two distinguished Americans standing with us today.

It will be the policy of my administration to actively and aggressively seek a lasting peace between Israel and the Palestinians, as well as Israel and its Arab neighbors. To help us pursue these goals, Secretary Clinton and I have asked George Mitchell to serve as special envoy for Middle East peace.

George is renowned in this country and around the world for his negotiating skill. He brings international stature and a lifetime of service. His years in the Senate were marked by strong leadership and bipartisan achievement. His efforts on behalf of peace in Northern Ireland were indispensable in reconciling a painful and protracted conflict.

Time and again, in public service and private life, he has acted with skill and acted with integrity. He will be fully empowered at the negotiating table, and he will sustain our focus on the goal of peace.

No one doubts the difficulty of the road ahead, and George outlined some of those difficulties. The tragic violence in Gaza and southern Israel offers a sobering reminder of the challenges at hand and the setbacks that will inevitably come.

It must also instill in us, though, a sense of urgency, as history shows us that strong and sustained American engagement can bridge divides and build the capacity that supports progress. And that is why we will be sending George to the region as soon as possible to help the parties ensure that the cease-fire that has been achieved is made durable and sustainable.

Let me be clear: America is committed to Israel's security. And we will always support Israel's right to defend itself against legitimate threats.

For years, Hamas has launched thousands of rockets at innocent Israeli citizens. No democracy can tolerate such danger to its people, nor should the international community, and neither should the Palestinian people themselves, whose interests are only set back by acts of terror.

To be a genuine party to peace, the quartet has made it clear that Hamas must meet clear conditions: recognize Israel's right to exist; renounce violence; and abide by past agreements.

Going forward, the outline for a durable cease-fire is clear: Hamas must end its rocket fire; Israel will complete the withdrawal of its forces from Gaza; the United States and our partners will support a credible anti-smuggling and interdiction regime, so that Hamas cannot rearm.

Yesterday I spoke to President Mubarak and expressed my appreciation for the important role that Egypt played in achieving a cease-fire. And we look forward to Egypt's continued leadership and partnership in laying a foundation for a broader peace through a commitment to end smuggling from within its borders.

Now, just as the terror of rocket fire aimed at innocent Israelis is intolerable, so, too, is a future without hope for the Palestinians.

I was deeply concerned by the loss of Palestinian and Israeli life in recent days and by the substantial suffering and humanitarian needs in Gaza. Our hearts go out to Palestinian civilians who are in need of immediate food, clean water, and basic medical care, and who've faced suffocating poverty for far too long.

Now we must extend a hand of opportunity to those who seek peace. As part of a lasting cease-fire, Gaza's border crossings should be open to allow the flow of aid and commerce, with an appropriate monitoring regime, with the international and Palestinian Authority participating.

Relief efforts must be able to reach innocent Palestinians who depend on them. The United States will fully support an international donor's conference to seek short-term humanitarian assistance and long-term reconstruction for the Palestinian economy. This assistance will be provided to and guided by the Palestinian Authority.

Lasting peace requires more than a long cease-fire, and that's why I will sustain an active commitment to seek two states living side by side in peace and security.

Senator Mitchell will carry forward this commitment, as well as the effort to help Israel reach a broader peace with the Arab world that recognizes its rightful place in the community of nations.

I should add that the Arab peace initiative contains constructive elements that could help advance these efforts. Now is the time for Arab states to act on the initiative's promise by supporting the Palestinian government under President Abbas and Prime Minister Fayyad, taking steps towards normalizing relations with Israel, and by standing up to extremism that threatens us all.

Jordan's constructive role in training Palestinian security forces and nurturing its relations with Israel provide a model for these efforts. And going forward, we must make it clear to all countries in the region that external support for terrorist organizations must stop.

Another urgent threat to global security is the deteriorating situation in Afghanistan and Pakistan. This is the central front in our enduring struggle against terrorism and extremism. There, as in the Middle East, we must understand that we cannot deal with our problems in isolation.

There is no answer in Afghanistan that does not confront the Al Qaida and Taliban bases along the border, and there will be no lasting peace unless we expand spheres of opportunity for the people of Afghanistan and Pakistan. This is truly an international challenge of the highest order.

That's why Secretary Clinton and I are naming Ambassador Richard Holbrooke to be special representative for Afghanistan and Pakistan. Ambassador Holbrooke is one of the most talented diplomats of his generation. Over several decades, he's served on different continents and as an outstanding ambassador to the United Nations.

He has strengthened ties with our allies, tackled the toughest negotiations, and helped deliver a hard-earned peace as an architect of the Dayton Accords. He will help lead our effort to forge and implement a strategic and sustainable approach to this critical region.

The American people and the international community must understand that the situation is perilous and progress will take time. Violence is up dramatically in Afghanistan. A deadly insurgency has taken deep root. The opium trade is far and away the largest in the world.

The Afghan government has been unable to deliver basic services. Al Qaeda and the Taliban strike from bases embedded in rugged tribal terrain along the Pakistani border. And while we have yet to see another attack on our soil since 9/11, Al Qaida terrorists remain at large and remain plotting.

Going forward, we must set clear priorities in pursuit of achievable goals that contribute to our collective security. My administration is committed to refocusing attention and resources on Afghanistan and Pakistan and to spending those resources wisely. That's why we are pursuing a careful review of our policy.

We will seek stronger partnerships with the governments of the region, sustain cooperation with our NATO allies, deeper engagement with the Afghan and Pakistani people, and a comprehensive strategy to combat terror and extremism.

We will provide the strategic guidance to meet our objectives, and we pledge to support the extraordinary Americans serving in Afghanistan, both military and civilian, with the resources that they need.

These appointments add to a team that will work with energy and purpose to meet the challenges of our time and to define a future of expanding security and opportunity.

Difficult days lie ahead. As we ask more of ourselves, we will seek new partnerships and ask more of our friends and more of people around the globe, because security in the 21st century is shared.

But let there be no doubt about America's commitment to lead. We can no longer afford drift, and we can no longer afford delay, nor can we cede ground to those who seek destruction. A new era of American leadership is at hand, and the hard work has just begun. You are going to be at the front lines of engaging in that important work.

And I'm absolutely confident that, with the leadership of Secretary Clinton, with wonderful envoys like Richard Holbrooke and George Mitchell, with the dedicated team that is before me today, that we are going to be able to accomplish our objectives, keep America safe, and bring better days not just to our own country, but all around the world.

Thank you very much, everybody.
Friday
Jan232009

Regime Change in Gaza: The Israeli Strategy Continues

Update: US Secretary of State Hillary Clinton called Palestinian Authority leader Mahmoud Abbas on Friday, two days after he talked to President Barack Obama. Clinton assured Abbas of her commitment to the peace process and "affirmed the Obama administration will seek to enhance relations based on the support of the Palestinian presidency and the Palestinian National Authority".

A stunning article in The Jerusalem Post, which exposes the attempt (and failure) to install the Palestinian Authority in Gaza, both to topple Hamas and to score a major victory over Iran.

The immediate focus of the article is the concern of "diplomatic officials" that "the international community has to decide within a short time how to funnel reconstruction aid into the Gaza Strip without benefiting Hamas, before Iran moves in and does the job itself as it did in south Lebanon in 2006".

This, however, is linked to the wider Israeli strategy for regime change. Officials in the Israeli Defense Ministry told The Post, "This is a way for [Palestinian Authority leader Mahmoud] Abbas to get back in control of the Gaza Strip. If he is in charge of the money, Hamas will have to work with him and he will be involved in what happens in Gaza."



So Tel Aviv presses on, ever after the failure of their military campaign to overthrow Hamas. The approach now is an enhanced blockade, limiting aid in addition to choking off the Gazan economy. But I still can't fathom the approach: how can you hold a people hostage to starvation, lack of shelter, and inadequate medical care and then expect them to accept your choice of their leaders?
Friday
Jan232009

Obama on Top of the World: The Afghanistan Muddle

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

We ended yesterday's updates in confusion over the "gobbledy-gook" statement of Secretary of Defense Robert Gates on Afghanistan which promised "more concrete goals that can be achieved realistically within three to five years", implying that the Bush Administration had no such goals such as ensuring Afghan security, fighting Al Qa'eda, and delivering services to the Afghan people.

Where we saw cause for concern, Robert Dreyfuss, who asked the question that led to Gates' response, sees hope. For him, the statement points to a "stalemate" within the Obama Administration over the number of US troops to be sent to Afghanistan in 2009, with Gates and the military pushing for a doubling of the US presence from 30,000 to 60,000 but Obama favouring a smaller but unspecified amount. This "opens a window -- yes, it's a small one -- for opponents of expanding the Afghan war to persuade the White House that it's not a good idea".

In his analysis, Dreyfuss posts the transcript of his exchange with Gates and Admiral Mike Mullen, the Chairman of the Joint Chiefs of Staff, as well as the opening statement by Richard Holbrooke, the President's envoy to Afghanistan:


I had a chance today, at a news briefing at the Pentagon, to ask Secretary of Defense Gates and Admiral Mullen, chairman of the Joint Chiefs, about plans to escalate the war in Afghanistan. I pointed out the contradiction between President Obama's campaign pledge to add "two or three brigades" of troops and the US commander's determination to add 30,000 troops, two or three times as much as Obama had promised to add.

Significantly, in their answer, Gates and Mullen stressed that no decision has yet been made about adding troops. That's important, because it opens a window -- yes, it's a small one -- for opponents of expanding the Afghan war to persuade the White House that it's not a good idea.

Here's the transcript of my exchange with Gates and Mullen:

Dreyfuss: During the campaign, President Obama said that he would, when elected, send perhaps two to three additional brigades of troops to Afghanistan. Lately, actually since the election, we've heard talk about as many as 30,000 troops -- significantly more than that -- going to Afghanistan. Have any decisions been actually made, pending this review that the president has talked about, in terms of how many American forces might go to Afghanistan this year?


Gates: No final decision has been made. Part of -- part of what the president made clear was that they intend to look at Iraq and Afghanistan holistically. And so I think part of the -- one of the things that the president will expect before making decisions is what the implications are not just for Iraq, but for Afghanistan. And I expect, as I say that, to be part of those decisions to be forthcoming pretty soon.


Do you want to add anything to that?


Mullen: I -- I really wouldn't add a lot except to say that these are the level of forces that the commander has asked for. So again, we've looked very carefully at how to do that. There have been some recommendations that have been made up the chain of command, but no decisions yet.


And consistent with what I said before, I think a very deliberate process now, but rapid as it can be, to both recommend and have the president make this decision -- these decisions.


Dreyfuss: Are there detailed plans that you've already seen for what these 30,000 troops would do -- in other words, where they would be deployed specifically in terms of what provinces and cities, and what their tasks would be? Or is it just a ballpark estimate about what these --


Mullen: No. I -- consistent with how the commanders on the ground have acted for years now is when they come forward, they come forward and have a very clear plan of what they want the forces to do. And that's certainly the case here as well.



It's clear to me that even though Gates and Mullen say that no decision has been made, they are pushing for the additional troops. And it seems pretty clear that Obama has decided to add at least some troops to the mix.

Another reporter asked if the new administration has any idea of what its goals in Afghanistan are. "What is our end state? When are we done there?" she asked.

Here's Gates' complete answer, which, you'll notice, was framed in terms of the commitment of "three to five years" for even the limited goals he outlines:

I think one of the -- one of the points where I suspect both administrations come to the same conclusion is that the goals we did have for Afghanistan are too broad and too far into the future, are too future-oriented, and that we need more concrete goals that can be achieved realistically within three to five years in terms of reestablishing control in certain areas, providing security for the population, going after al Qaeda, preventing the reestablishment of terrorism, better performance in terms of delivery of services to the people, some very concrete things.


So I think that that's -- that's a starting point. But you know, the president, I think, has referred -- I think referred last night to the need for a comprehensive assessment on Afghanistan. And what we have -- you know, I mean, we have a -- we have a NATO campaign plan. We have an RC [Regional Command] South campaign plan. We have a commander's campaign plan. We have General Petraeus's study. And we have the Afghan review that was conducted in the last administration at the White House.


So I think all of these pieces will be inputs into the -- into the review that this administration will take in terms of determining what those nearer-term goals should be and how we get to where we -- where we can achieve them.



Meanwhile, across the river, at the State Department Hillary Clinton was introducing Richard Holbrooke, her hawkish adviser, as her special envoy for Afghanistan (and Pakistan). Holbooke was looking at "long-term," not short-term goals, in Afghanistan, though he avoided saying anything of substance, really. It's his job to pull together all elements of US policy for a coordinated strategy in the war in Afghanistan and spilling over into neighboring Pakistan. Here's what Holbrooke did say:

We know what our long-term objective is. I hope I will be able to fill out the mandate which Secretary Clinton has mentioned: to help coordinate a clearly chaotic foreign assistance program, which must be pulled together; to work closely with General Petraeus, CENTCOM, Admiral Mullen, and the Joint Chiefs of Staff, General McKiernan and the command in Afghanistan, to create a more coherent program.


If our resources are mobilized and coordinated and pulled together, we can quadruple, quintuple, multiply by tenfold the effectiveness of our efforts there.



The Times, meanwhile, carries a lengthy piece by Dexter Filkins today on the vast areas of Afghanistan controlled by the Taliban, without any US or NATO presence to deter them. An excerpt:

The Taliban are everywhere the soldiers are not, the saying goes in the southern part of the country. ...


The general [Brig. Gen. John W. Nicholson] is going to get a lot more troops very soon. American commanders in southern Afghanistan have been told to make plans to accept nearly all of the 20,000 to 30,000 additional troops that the Obama administration has agreed to deploy. ... The commanders here call the current situation "stalemate," meaning they can hold what they have but cannot do much else. ...


It is perhaps in Kandahar, one of the provincial capitals, where the lack of troops is most evident. About 3,000 Canadian soldiers are assigned to secure the city, home to about 500,000 people. In a recent visit, this reporter traveled the city for five days and did not see a single Canadian soldier on the streets.



The real point is that it's a stalemate. Obama has pledged to carry out a top-to-bottom review of Afghan policy. If that takes a month, or three months, or six months, so be it. There's no need to rush more troops there just because the generals want them.
Friday
Jan232009

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.
Friday
Jan232009

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.