Law enforcement

BHO retreats further on detainee issue

Here's more on the issue of detainees in the Global War on Terror, the story that just won’t die. After railing for years against the Bush Administration policies on detention of enemy combatants captured during operations in Afghanistan and other battlegrounds of the War on Terror (which they've quit calling by that name), the Obama Administration is making a series of stunning reversals from overheated campaign rhetoric to the policies applied when actually governing. Undoubtedly, you’re all “shocked, shocked” that this is so… The first development, buried so deep in the news that it didn’t even make the Denver papers was the release of an official report commissioned by the Obama administration on the treatment of enemy combatants held at the Guantanamo Bay detention facility. An exhaustive investigation concludes that

“...the Guantanamo Bay prison meets the standard for humane treatment laid out in the Geneva Conventions, according to a report for President Barack Obama, who has ordered the terrorist detention facility closed within a year.” …

“The report found the camp to be in compliance with the Geneva Conventions Common Article 3, the international rules that require the humane treatment of prisoners taken in unconventional armed conflicts, like the war on terrorism. The camp’s controversial force-feeding of prisoners on hunger strikes was also found to be compliant with the Geneva guidelines, a second government official confirmed.”

As a presidential candidate, Obama criticized the detention center - and almost immediately upon taking office, he issued an Executive Order to close the facility at the U.S. naval base in Cuba within a year. Perhaps a bit too hasty? Clearly, this report brings into question the underlying basis for that order.

Thus it's Campaign Rhetoric: 0, Facts: 1

So what to do with the detainees?

“Attorney General Eric Holder, meanwhile, named a top federal prosecutor, Matthew Olsen, as executive director of Obama’s Guantanamo Detainee Review Task Force, which will recommend where to send each detainee. Obama has ordered the task force to consider whether to transfer, release or prosecute the detainees, or figure out some other ‘lawful means for disposition’ if none of those options is viable.”

As noted in my original post on this topic, other “lawful means for disposition” does NOT include Ritter’s proposal to bring them as a group to Colorado’s SuperMax penitentiary - all protestations and obfuscations of self-proclaimed media “watchdog” groups to the contrary.

The second development in this issue - which has received a bit more media attention - is Obama’s reversal from his campaign rhetoric critical of the previous administration’s “extralegal” detention of enemy combatants. Obama policy NOW is in complete agreement with Bush administration policies and legal arguments:

“… the Obama Justice Department has told a federal court that detainees currently being held by the United States at Bagram Air Base in Afghanistan are unlawful combatants not subject to the Geneva Conventions and can be held without charge for as long as the conflict in Afghanistan continues. The position is exactly the same one taken by the Bush Administration.”

And now it's Campaign Rhetoric: 0, Facts: 2

On this issue, at least, the Obama Administration is discovering the difference between campaigning and governing. Nothing like learning on the job… As I predicted on the Backbone Radio show on February 8th (5pm segment), the Democrats (aided and abetted by the Liberal Establishment Mass Media, or LEMMings) are now anxious to sweep this issue under the rug, now that they can no longer use it as a rhetorical club with which to beat up a Republican administration. In fact, even Obama’s Executive Order to close Gitmo could easily be reversed, once the issue is no longer in the media spotlight. Wouldn’t THAT be an interesting development a year or so from now?

Action items - how YOU can get involved:

House Republicans recently introduced legislation to prohibit federal courts from ordering the release or transfer of Gitmo detainees into the U.S. The Enemy Combatant Detention Review Act (HR 630) establishes clear rules regarding the detention of known terrorists.

Senator James Inhofe also introduced the Guantanamo Bay Detention Facility Safe Closure Act of 2009 (S370) that will PROHIBIT the United States government from using ANY funds to transfer detainees from Gitmo onto United States soil and PROHIBIT the United States from using ANY funds to construct a facility on U.S. soil to house these detainees.

Contact your congressional representative or senator in Washington, DC and contact Governor Ritter in Colorado and let them know what YOU think about these policies.

Power to the People!

Prosecutor outrages the Left

Action from 2/22 Radio: For breaking an ID theft ring of over 1300 illegal aliens, DA Ken Buck finds himself sued by ACLU and pilloried by the New York Times. The Weld County prosecutor and his colleague, Sheriff John Cooke, must be doing something right. Here is a partial archive of web links for state and national news coverage of the story since it broke in November.

http://www.nytimes.com/2009/02/02/us/02greeley.html?_r=1&scp=2&sq=Ken%20Buck&st=cse

http://www.greeleytribune.com/article/20081120/NEWS/811199888/1001&title=Allard%20talks%20%27Number%20Games%27%20on%20Senate%20floor

http://www.greeleytribune.com/article/20081120/NEWS/811199886/1001&title=%27Number%20Games%27%20suspect%27s%20family%20confused%20by%20arrest

http://www.noco5.com/index.aspx

Greeley Tribune

11/16/08

http://www.greeleytribune.com/article/20081116/NEWS/811159876/1002/NONE&parentprofile=1001&title=Farmers%2C%20business%20owners%20concerned%20about%20finding%20workers

Editorial

http://www.greeleytribune.com/article/20081116/TRIBEDIT/811159936/1029/NONE&parentprofile=1025&title=Immigration%20reform%20long%20overdue

11/15/08

http://www.greeleytribune.com/article/20081115/NEWS/811159958/1002/NONE&parentprofile=1001&title=Officials%20hope%20arrests%20lead%20to%20widespread%20change

http://www.greeleytribune.com/article/20081115/NEWS/811159994/1002/NONE&parentprofile=1001&title=ANALYSIS%3A%20Federal%20policies%20hinder%20immigration%20enforcement

http://www.greeleytribune.com/article/20081115/NEWS/811159996/1002/NONE&parentprofile=1001&title=New%20immigration%20rift

11/14/08

http://www.greeleytribune.com/article/20081114/NEWS/811139961/1002/NONE&parentprofile=1001&title=Weld%20cracks%20down%20on%201%2C300%20ID%20theft%20cases

http://www.greeleytribune.com/article/20081114/NEWS/811149962/1002/NONE&parentprofile=1001&title=ID%20THEFT%3A%20Arrested%20so%20far

http://www.greeleytribune.com/article/20081114/NEWS/811149949/1002/NONE&parentprofile=1001&title=ID%20THEFT%3A%20Understanding%20the%20tax%20ID%20number

http://www.greeleytribune.com/article/20081114/NEWS/811149947/1002/NONE&parentprofile=1001&title=ID%20THEFT%3A%20Examples%20of%20returns

http://www.greeleytribune.com/article/20081114/NEWS/811149974/1002/NONE&parentprofile=1001&title=ID%20THEFT%3A%20By%20the%20numbers

http://www.greeleytribune.com/article/20081114/NEWS/811149942/1002/NONE&parentprofile=1001&title=Woman%20finds%20herself%20a%20victim%20

Television

11/14/08

Channel 5

http://www.noco5.com/story.aspx?ID=471&Cat=2

Channel 9

http://www.9news.com/rss/article.aspx?storyid=103992

http://www.9news.com/news/investigative/article.aspx?storyid=103852&catid=207

Channel 7

http://www.thedenverchannel.com/news/17992968/detail.html

Channel 4

http://cbs4denver.com/local/illegal.immigration.greeley.2.864743.html

Channel 2

http://www.kwgn.com/pages/news_local_landing/?Weld-Co-probe-focuses-on-illegal-tax-ref=1&blockID=134747&feedID=202

Longmont Times-Call

http://www.timescall.com/print.asp?ID=12168

Boulder Daily Camera

http://www.dailycamera.com/news/2008/nov/16/1300-could-be-arrested-in-immigrants-tax-scam/

CNN LOU DOBBS

http://www.cnn.com/video/#/video/bestoftv/2008/11/14/wian.bb.identity.theft.scheme.cnn

KKTV

http://www.kktv.com/home/headlines/34456909.html

NFIB: The Voice of Small Business

http://nfibelection2008.illumen.org/newsArticle.jsf?documentId=2c9e4f691d9ef3f3011da0d0a75f01eb

Free Republic

http://www.freerepublic.com/focus/f-news/2133235/posts

Americans for Legal Immigration

http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=138238

Colorado Springs Gazette

http://hosted.ap.org/dynamic/stories/C/CO_IMMIGRATION_TAXES_COOL-?SITE=COCOL&SECTION=HOME&TEMPLATE=DEFAULT

Denver Post

http://www.denverpost.com/news/ci_10989583

Rocky Mountain News

http://www.rockymountainnews.com/news/2008/nov/14/weld-county-investigating-1330-tax-files-for/

MSNBC Message Board

http://boards.msn.com/MSNBCboards/thread.aspx?threadid=193977&boardsparam=Page%3D3277

Minuteman HQ Forum

http://forum.minutemanhq.com/phpBB2/viewtopic.php?f=13&t=18525&sid=c3696ee1597ff3a87e94ad5fedf4c425

AARP Bulletin Today

http://bulletin.aarp.org/states/co/articles/analysis_federal_policies_hinder_immigration_enforcement.html

United for A Sovereign American

http://immigrationbuzz.com/

http://www.9news.com/news/article.aspx?storyid=103852&catid=188

http://www.thedenverchannel.com/news/17979255/detail.html

http://cbs4denver.com/local/illegal.immigration.greeley.2.864743.html

http://www.rockymountainnews.com/news/2008/nov/14/weld-county-investigating-1330-tax-files-for/

No jihadists to Supermax, continued

Seems I hit a nerve with my post about Gov. Ritter's collision with international law if Gitmo prisoners are moved to Colorado SuperMax. Indignant comments by Bill Menezes on this site and at PoliticsWest.com claimed I'm all wet. But his objections shatter on the clear text of the Geneva Conventions and relevant case law. His attempt to obfuscate salient facts with irrelevant minutiae fails the test of common sense, as well as established national and international legal precedent.

As mentioned in my original post, the salient fact is the prohibition on internment of combatant detainees (both actual prisoners of war and “unlawful combatants” – more on that later) in civilian penitentiaries.

In the operative provision, Menezes puts undue weight on the qualifying language before the comma: "Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries."

Common sense will inform the reader that the “particular cases” exception to the general rule is applied to individual detainees who are, for whatever reason (generally certain medical conditions, threats from fellow prisoners, or conviction of a civil crime in addition to their combatant detention status) better served or cared for in a civilian facility. Note that this exception is expressly in the interest of the prisoners themselves, not for the convenience or political benefit of the detaining power.

However, since common sense appears to be in general short supply, there is also an established body of case law and the commentary of the International Committee of the Red Cross (ICRC) that applies:

“Internment of prisoners of war in [p.183] penitentiaries is in principle prohibited because of the painful psychological impressions which such places might create for prisoners of war.” Citation here.

So in summary: The facts of international law and treaty (Geneva Convention III Relative to the Treatment of Prisoners of War) and our obligations under those laws (and U.S. statute) are clear: persons falling under military jurisdiction as prisoners (irrespective of their combatant status) are NOT to be detained in civilian penitentiaries as a matter of policy.

Some exceptions MAY be made on a case-by-case basis, in the interest of the prisoners themselves, but in practice and precedent this is applied VERY restrictively. Ergo, Governor Ritter’s proposal to bring detainees from Guantanamo en masse to Colorado’s civilian SuperMax prison would in fact violate international law and our treaty obligations.

PS - The non-functioning link correctly pointed out by Bill in the original post has now been corrected. We apologize for the typo. The link goes to the Yale University Law Library’s “Avalon Project” – a superb resource and reference for documents on international law.

CAIR cut off, but will it last?

The FBI has severed relations with CAIR, the dishonest and slippery Council for American Islamic Relations. For this we give thanks. But it’s one down, and several dozens of “moderate” Islamic front groups to go. For background, here's an IBD editorial. Now let's all write our representatives to encourage them NOT to talk to CAIR! Emphasize they are NOT a “civil rights group” that represents a religious minority persecuted by “Islamophobes”. Point out that CAIR is a front group for the Muslim Brotherhood who has vowed to destroy our civilization and our freedoms.

The reason this is important: CAIR will try to “end-run” FBI officials and apply pressure to members of the FBI’s Congressional oversight committee. This is where we can help. I implore you to join me in doing so. Only large numbers of cards, letters, e-mails and faxes can counteract the large sums of Islamic petro-dollar lobby money.

I would also recommend you retain the contact information for your Senators and Congress persons, because we will be needing them often in the Obama era that's now underway.

UPDATE: Since the above was written, it appears the CAIR end run is already starting. Virginia Congressman Frank Wolf is pushing the FBI not to cave in under the new administration. Steve Emerson and the Investigative Project on Terrorism have the story.