by Andy Worthington
15 July 2009
In recent months, those who have been studying Guantánamo closely have come to the disturbing conclusion that the biggest obstacle to President Obama’s pledge to close Guantánamo by January 2010 comes not from the fearmongering and opportunistic politicians who recently voted to prohibit the use of any funds to release or to transfer prisoners to the United States, and who also authorized legislation that “requires the President to report periodically to Congress on the status of Guantánamo Bay detainees and plans for their transfer,” but from the administration’s own Justice Department.
Echoing the position taken by the Bush administration, Eric Holder’s Justice Department is pursuing patently indefensible cases that should have been dropped before being presented to a judge, and is also engaged in what appears to be a systematic policy of delays when it comes to providing exculpatory material to the prisoners’ defense teams (in other words, material that tends to disprove the government’s case), or, in fact, any other material that is vital to mounting a proper defense. Moreover, when given the option to defend a judge’s right to order the release of prisoners against whom no case could be proved, the Justice Department sided with a notoriously pro-Bush judge in the Court of Appeals, who ruled that, although a District Court judge could demolish the government’s case against a Guantánamo prisoner, he or she was powerless to actually order the prisoner’s release.