‘Swift and certain justice’ alert: Obama delaying Military Commissions for 66 but its all the ‘status quo’s’ fault

On February 6, 2009, President Barack Obama promised 9/11 and U.S.S. Cole bombing families “swift and certain justice” for those who murdered their loved ones. A few mistakenly placed their faith in his words.

The Washington Times reported this morning on who the Obama administration blames for the delay:

Military lawyers at Guantanamo are prepared to go to trial with at least 66 terrorism suspects now held in extrajudicial detention on the U.S. Navy base, but Mr. Obama’s executive order two days after taking office has tied their hands, suspending all proceedings pending a detainee review that nearly seven months later is half-finished.

Proceedings last week for the five Sept. 11 suspects were mired in legalistic wrangling.

Still, the senior administration officials who briefed reporters pushed the blame back toward former President George W. Bush. “The status quo, incidentally, is not acceptable. Seven years, three prosecutions, endless litigation — that’s not what — that’s not the swift and certain justice that [Mr. Obama is] interested in making sure that we have.”

So, military lawyers were ready when President Obama took office to bring to trial those 66 detainees this year. Instead of concentrating on the future (what to do with those who could not be prosecuted by Military Commission and who need to be detained until they no longer are a threat to civil society), Obama is spewing platitudes and delaying trials. He continues to believe he can placate family members by blaming the “status quo” for why it might take years longer to bring al Qaeda’a killers to justice.

This has been a ‘Swift and certain justice’ alert. Expect many more similar alerts between now and January 20, 2013.

Gitmo task force report: work half done; federal courts preferred; Congress reworking Military Commissions

The Obama administration’s Guantanamo task force is far behind in determining the disposition of the 229 remaining detainees being held at Gitmo. As officials work with a very few in Congress to reach agreement on revisions to the Military Commissions Act, the task force received two and six-month deadline extensions today while presenting President Barack Obama an interim report on the due date of the final report. The language within it reflects the President’s desire to move as many cases to federal court as possible yet indicates rules of evidence may preclude that choice and the task force cannot easily reconcile administration views on “rule of law” with the Laws of War.

The Wall Street Journal reports:

Six months before President Barack Obama’s self-imposed deadline to close the controversial detention center at Guantanamo Bay, senior administration officials said more European allies are offering to accept detainees from there, despite Congress’s refusal to allow any such transfers to the U.S.

But serious obstacles remain if the president’s closure deadline is to be met, including resolving which prisoners might be detained indefinitely without trial, where they would be detained once Guantanamo is shut and where future military commissions might be held. One presidential task force on future interrogation policies on Monday asked for a two-month extension for submitting a report that was originally due on Tuesday. Another task force on future detention policy asked for a six-month extension for its report.

“These are hard, complicated and consequential decisions,” one senior administration official said. “Let’s not kid ourselves.”

The Los Angeles Times reports al Qaeda’s lawyers are not happy: