A LAT editorial notes that the process of beginning–not doing it, just starting to do it–of obeying the Supreme Court’s order to let the Gitmo detainees have access to lawyers and courts has been moving at the speed of light. A stop light.
Yagman’s efforts to force Justice Department lawyers to justify Gherebi’s continued imprisonment have provoked a blizzard of paperwork, court motions and foot-dragging. But there’s been little progress toward a face-to-face lawyer-client meeting, let alone a hearing on the merits of his case.Gherebi’s case is hardly unique. Lawyers across the country trying to represent Guantanamo clients report that the government is, as one put it, “trying to neutralize the Supreme Court decision.”
The Pentagon has let a few detainees meet with a lawyer as a goodwill gesture, providing the lawyer agrees to let officials listen in and promises not to ask about conditions of the client’s confinement or if he has been abused. However, the government is contesting almost every motion and writ, tying up the cases as it continues to claim, incredibly, that the Guantanamo detainees have no constitutional right of access. At the same time, detainees are pressured to plead their cases before a military panel without the due process guarantees available in federal court, a move some are resisting. (emphasis added)
Gee, I wonder why. Does the term ‘railroaded’ come to mind?
It has been a full two months since the SCOTUS decision and the military authorities at Gitmo haven’t even begun to comply. What’s happening there takes foot-dragging to a whole new level–the level of paying no attention to it whatever. They are simply going on as before while making a few token gestures here and there. After two months it’s fair to ask: ‘Are the Gitmo authorities ignoring the court order? And do they intend to go on ignoring it until they bully the detainees into accepting military tribunals rather than civilian trials?’
Given that we now know that what’s been going on at Gitmo is even worse than the most cynical and pessimistic among us thought, can it be that the military is trying to drag this out until after the election in order to spare Junior yet another scandal? And since the military is, in essence, the final enforcement arm of the govt, who’s going to make them obey the SCOTUS order if they continue to flaunt it? The Florida State Police? (Not that they have jurisdiction, mind you, but they’re the closest.) The National Guard? Are we willing to make the services discipline each other? If the Army continues to pretend the SCOTUS decision is unimportant and doesn’t apply to them, are we going to send in the Navy to bombard Gitmo from the sea and order the Marines to land in full battle gear to take Gitmo by force? I hardly think so.
The Gitmo authorities clearly believe that by being off-shore they are above the law and can do what they like–or not–and there’s nothing anybody can do about it. Well, isn’t that the reason Bush established Gitmo in the first place? So it would be outside the realm of any possible domestic oversight or intervention? Still, it’s hard to believe, even in BushAmerica, that the military would be so contemptuous of civilian control unless they had orders to do so from civilian authorities like, for example, Dick Cheney or Don Rumsfeld.
The restrictions on the lawyers are telling: maybe they can see their clients but only if they agree not to ask them about ill-treatment and torture? Almost makes you think the military is afraid of the answers, doesn’t it? Only the naive think that the previous scandal caused the Army to abandon what it euphemistically calls its ‘softening-up’ techniques; scaled them back, possibly, but no more. Army officials continue to defend the techniques by asserting that they’re working, providing reams of ‘intelligence’ we wouldn’t otherwise have. Of course the quality of that intelligence is something they rarely address and only when forced to–it seems it’s been pretty useless overall.
So what we have here is a military that has been engaging in at best dubious and at worst illegal interrogation techniques in an off-shore facility patently untouchable by civilian authority–not even the Supreme Court cuts any ice here–that is protecting its own ass and that of the president by thumbing its nose at a legal order from the Highest Court in the Land and practically daring them to do anything about it.
This is getting uglier by the day and nobody is covering it. So what else is new?