Close Guantanamo, End Torture, Oppose Pardons

Change is coming. Early in the Barack Obama administration there
should and will be action to close Guantanamo, end torture and reverse
executive orders that attempted to legalize what many authorities
believe constitute crimes under domestic and commonly accepted
international law. This must be done properly and carefully. Ignore
leaks about alleged decisions. Nothing can be effective until after
Inauguration Day. The president-elect will undoubtedly seek advice
from his Cabinet members and his White House counsel before acting.

Get ready for the Bush pardons, which I have long predicted will be
coming and will be large in number. We should oppose them, now, even
though we cannot affect the presidential pardon power under the
Constitution. My hope would be that President Obama will name one or
more internationally respected authorities, preferably enlightened
Republicans such as former Supreme Court Justice Sandra Day O'Connor
or former Sen. John Danforth, to offer their counsel on a nonpartisan
basis as we extricate our country from a legal and moral morass that
should never have occurred.

Regarding Guantanamo, it should be closed as quickly as possible, with
great care and thought about exactly how to do it. There should be
some credible nonpartisan legal framework to decide which detainees
are clearly innocent, and what legal framework would ensure that the
innocent are protected, the guilty are prosecuted, and the entire
system is fair, honorable and just under law.

Regarding torture, this is a dark stain on American history, opposed
almost unanimously by military leaders in every branch of service, and
in violation of American law and international law. From George
Washington on up, every previous president until Bush has vehemently
opposed and renounced torture. Things have been done under Bush that
have never been done before and should never be done again by any
president, of any party, for any purpose.

The coming pardons will be substantial and wrong, violating moral
codes and violating American tradition by seeking to excuse crimes
that violate American values and American history, that violate
international law and international norms, that violate everything
America has always stood for.

We cannot prevent the pardons; under the law, the president has broad
power. But we should oppose them, strongly, clearly, aggressively and
morally, and make the loudest statement we can.

The president-elect will ultimately have some decisions to make,
because even with the broadest use (or abuse) of the pardon power,
there will be probable crimes yet revealed, with long statutes of
limitations remaining, and unpardoned offenses highly visible on the
public record.

Starting Jan. 20, whatever laws may prove to have been violated should
be enforced fairly but firmly, no more, but no less.

Brent Budowsky
--

http://gssites.com/bbg/index.html
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