Exclusive: Pentagon Lawyers Push Back Against Holder's GITMO Attorneys

Via-Big Government


Some Defense Department lawyers are worried. Actually, quite a few of them are. They see a train wreck coming with the Obama administration’s evolving Guantanamo Bay detainee policies. Since it is DOD lawyers tasked with much of the footwork for administration decisions, they see firsthand how disorganized, inept, and ideologically extreme the handling of the issue has been. The DOJ, now thoroughly politicized and partisan under Eric Holder, is lock step with Obama’s White House on the issue, and is thoroughly at odds with its legal counterparts in the DOD. At a time when former Guantanamo Bay detainees are battling US forces in Afghanistan, and Jihadists are resurgent worldwide, the country can ill afford the administration’s criminalizing of admitted terrorists or of enemy combatants captured in battle against US forces.

What DOD lawyers are worried about are second-order effects. Namely, the unanticipated consequences of decisions made without due consideration or examination of facts. They are deeply concerned that the administration’s political appointees making decisions on the issue are as likely to be chosen for ideological purity as they are for their acumen on applicable laws. The political appointees are perceived by many in the DOD as caring more for their political ideological creed than for the safety of US citizens, or for the responsible stewardship of tax dollars. It is Leftist canon that Guantanamo Bay be closed, the risks and consequences be damned. Every policy decision pursuing that goal equates to thousands of man hours for DOD lawyers and millions of dollars.

DOD attorneys, including prosecutors and defense attorneys of all political stripes, are of the opinion that closing Guantanamo Bay is an illogical and irresponsible political move made without the facts, and one that will cost billions. No stateside facility has the resources Guantanamo Bay does. As for which stateside facility should replace Guantanamo, the administration cannot make up its mind. As Obama’s minions position for optimum political influence, they have flitted from military sites in Leavenworth, Kansas and Charleston AFB, South Carolina, to civilian facilities in Standish, Michigan and Thomson, Illinois.

The MSM has been telling Americans less that the truth on the detainee issue. Americans have not been told how well thought out was the construction of Guantanamo Bay. Its courtroom was designed by the William and Mary Law School – it is state of the art, capable of handling testimony involving top secret evidence. It has a media center. As for the detainees, forget the horror stories that represent the disinformation tactics of terrorist sympathizers who aim to sway public opinion. Detainees receive the best in medical and dental care. They have daily access to soccer fields. They have exercise areas that overlook the Caribbean, books and movies, as well as a menu where they can choose from several entrée’s cooked to Islamic Halal standards.

They are not tortured and they never were.


Lawyers, sympathic to the detainees, want you to forget that the murderers, terrorists and assassins held in Guantanamo Bay are dedicated to destroying the US. They want you to forget that they have no moral compunction against slaughtering innocents. They want you to think they were all peaceful farmers caught up in an overzealous imperialist military action. Even the Uyghur’s, members of the oppressed Chinese ethnic minority, were training to be terrorists – albeit terrorists against the Chinese, not the US. Their lawyers want them released in the US. The US has so far advocated sending them to other countries willing to accept them. They may well end up here.

Obama and Eric Holder will make a final decision only when forced to, draining time and money when justice would be served at Guantanamo Bay without endangering US citizens or allowing terrorists to exploit the US justice system. And exploit it they are, and will. Lawyers for detainees have been busily petitioning the Supreme Court and searching for sympathetic federal judges. Should trials be held in the US it is a distinct possibility that procedural tactics will allow some of the terrorists held at Guantanamo to go free. And that is exactly what many of the leftist lawyers that flocked to Guantanamo from the very beginning hope for.

What DOD lawyers understand is that the defense of the nation must be decisive, just as must the justice meted out to its enemies. They take their oath to defend the nation seriously. Their very real fear is that justice will not be served by those whose sympathies lay in part with the terrorists, believing their own country responsible for all the miseries delivered on it on 9-11-2001, and after. They perceive that the proposal to transfer detainees to the US is not about justice, but about exploiting a crisis and engaging in political manipulation. All in the quest for the opiate of power.

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