On Closing Gitmo: What Glenn Greenwald Won’t Talk About

January 12th, 2009 By: Arvak | Tags:

Responding to reports that Obama is dealing with the practical problems of translating campaign promises into real-world policy-making, far-left purist Glenn Greenwald has another in his long series of screedsabout torture and Guantanemo Bay up today.  But within the usual nest of multiple updates is a highly revealing line that gives dead away the problem with Greenwald’s intellectually dishonest approach to this issue:

There’s absolutely no good reason for Obama not to close Guantanamo immediately and simply try the detainees in our already-extant courts of law.  That’s how we’ve convicted all sorts of accused terrorists in the past.

Let’s take as assumed all of Greenwald’s key factual premises, add a few points that Greenwald omits, and note what Greenwald, in his ideological extremism, refuses to talk about:First, let’s highlight Greenwald’s factual premises and take them as assumed to be true:

1.  That treatment in violation of Geneva Conventions and certainly in violation of criminal procedure governing interrogations has occured.

2. That the alternative to Guantanemo Bay is trial in standard U.S. courts under standard criminal laws and procedures.

And now let’s add some important and relevant points that Greenwald consistently omits from his posts in spite of their length and purported thoroughness:

1. In addition to rules about treatment during interrogation, standard criminal trials have complex and detailed standards governing chain of evidence and territorial jurisdiction.  Since soldiers on the battlefield in Afghanistan and Pakistan are not trained or equipped to ensure proper chain of evidence, use of criminal trials would ensure that most detainees would be acquitted even in cases where torture is not an issue.

2. The response to acquittal in a criminal trial is outright release of the defendant.

3. Many of those already released from Guantanemo have returned to the field in the service of al-Qaeda with the explicit intention of killing people in large numbers.

What these points add up to is what Glenn Greenwald apparently doesn’t want to talk about.  Specifically, that his purist approach limiting the U.S. response to global terrorist networks to the use of criminal trials would result in the outright release of many, if not most of the defendants.  Many of those defendants would then dedicate themselves to killing as many Americans as possible, with nuclear or biological weapons, if possible.

Why does Greenwald refuse to discuss the implications of the plan of action that he angrily at at length insists is the only way forward that is even worth of discussion?

Let’s be clear: Torture is a travesty against American values that is wrong regardless of whether it is effective or not and regardless of whether our refusal to use torture is reciprocated when American servicemen are captured.  I am not endorsing torture.  But Obama’s recent moderation of his plan to close Gitmo seems to me a responsible acknowledgment that there are potentially dangerous implications to simply opening the doors and letting Gitmo prisoners to go free because the Bush administration grievously mishandled their interrogation.  Obama’s call for the creation of some alternative process that would balance the deeply conflicting interests that we have in the current situation is laudable.  Greenwald’s demagoguery and extremism is contemptible.

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  1. Michael Merritt
    January 12th, 2009 at 06:09
    Reply | Quote | #1

    I was going to mention his alternative process if you hadn’t. This seems to me the best way to go, but such an approach will take time.

    From his article: “The only good Democrats are the ones who scorn their “left-wing” base while embracing Republicans.”

    I’ve heard similar but opposite arguments from some Republican pundits. And such an argument only provides evidence that Greenwald hasn’t been paying attention to what Obama has said on trials. Time has outlined it pretty well.

    I think the trouble with many liberals is that they have a vision of what they think Obama should be rather than who he is. Actually, Obama can take some of the fault for that, as he did present himself that way. But being able to relate to him and seeing who he is are two different things.

  2. Ron Chusid
    January 12th, 2009 at 07:07
    Reply | Quote | #2

    I disagree with the above comment’s conclusion that Obama can take fault based upon the manner in which he presented himself. For anyone who took the time to look at what he was saying in detail, Obama made it quite clear that he did not plan to follow liberal Democratic orthodoxy. Even Greenwald admits this in his post writing, “In fairness, Obama has long made clear that this is the approach he intends to take to governing.” (From there Greenwald does cherry pick Obama’s history to make him look far more conservative than he is).

    Throughout the campaign, and throughout his career, Obama has made it clear that he desires to transcend the old left-right battles, and that there will be conservative influence on his policy positions. Many of us supported him because of this. In the end I may or may not agree with the specifics of what he does, but I intend to at least wait to see what he actually does in office.

  3. Michael Merritt
    January 12th, 2009 at 07:27
    Reply | Quote | #3

    Not sure where there’s disagreement. I wasn’t saying that Obama’s presentation as relatable was a weakness. If anything, it’s one thing that got him elected. I only meant that this might be why people like Greenwald expect certain things from Obama.

    I actually made the case in my comment that Greenwald needs to look at what Obama has said in order to determine how he might act on certain issues.

  4. Crimson Politics
    January 12th, 2009 at 23:42
    Reply | Quote | #4

    Criminal courts are not an option. Terrorists captured on battlefields cannot be tried in a court of law, there is no evidence (it’s thousands of miles away), witnesses are scarce, and if they are released, they will be released on American soil, ready to perpetrate crimes against America on US soil.

    You will be doing their terrorist work for them by bringing them to US land.

    Regardless of how wrong torture is morally, it is one of the ways we prevent terrorism. I don’t understand what moral obligation you have to a person who has been caught shooting at US soldiers, who also have families for the purpose of religion.

    Do you think, Al Qaeda will say “aww, America you are so kind to let those prisoners out of Guantanamo, I’m going to stop terrorist activities now.” It’s not going to help the situation.

    What about “winning the hearts and minds of others,” that’s just an illusion. Since when has the US ever been respected for any military action? You think Europe or other Radicals respected us when we invaded Afghanistan, killing 5,000 civilians?

    You think anyone respected the US prior to 9/11? You think the Russians respected us for what happened in the Balkans? You think Rwandans respected us for leaving them for genocide? You think radical extremists respected us anywhere considering we aided Israel in the past?

    Remember that 9/11, was not caused by US troops torturing, or invading countries, it was caused simply by our trade agreements with Israel and simply because we are not Radical Islamists.

    What people’s mistake is? They believe that AQ and terrorists do what they do, because of our own actions— those are just excuses, it’s really about ideology that America is immoral cursed land of non-Muslims.

  5. Rudi666
    January 13th, 2009 at 12:46
    Reply | Quote | #5

    Please find some data on battlefield detentions. I wonder how many “terrorists” are just a neighbor turned in for a bounty or an enemy of a warlord.

  6. Jason, Managing Editor
    January 13th, 2009 at 15:39
    Reply | Quote | #6

    Unless your argument is that such innocuous situations explain away ALL of the Gitmo detainees, Rudi, your speculation is just irrelevant to the point.

  7. Crimson Politics
    January 13th, 2009 at 18:31
    Reply | Quote | #7

    As with any prison anywhere in the world, innocents do get hurt. Doesn’t mean terrorists don’t get caught and reveal intelligence that help us protect our country.

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