Posts Tagged ‘Prisoners’

Live Analysis of Governor Granholm’s Michigan State of the State Address

February 3, 2009

The Michigan State of the State address is about to begin.  I will be live blogging the event, giving my analysis (so my apologies for any spelling errors – I’ll fix them eventually).

Alright, she’s entering the chamber (I’m not sure if this is the House or Senate – probably House since  it’s bigger).

Oh – my roommate (Democrat) just about made me die of laughter – he said, “Where is she?”  I said, “Right there.”  And he goes, “Oh, I thought that was a dude.”

Alright – she’s making her way up to the podium – about half the room is still clapping – probably the Democrats.  There’s Lt. Governor John Cherry up in his chair.

There’s Senate Majority Leader Mike Bishop (R) and Speaker of the House Andy Dillon (D).

She’s saying welcome and thank you.  She’s welcoming and congratulating the new representatives.

She’s now welcoming Supreme Court Justice Dianne Hathaway, elected this year.  And she’s congratulating the longest serving president of the State Board of Education.

Now thanking the servicemen and women from Michigan as well as the first responders.

We just gave a moment of silence for those who lost their lives defending this country and state overseas.

“I will not sugar-coat the crisis facing this state. … Our auto companies fought for their very existence, and as the bottom fell out of the national economy” Michigan “went from bad to worse.”  She’s absolutely right about that.  “Any honest assessment of our state’s economy must recognize that things are likely to get worse before they get better. … Things will get better … because Michigan citizens are resilient … because our battle plan is focused on the three things that matter most: fighting for more good paying jobs in Michigan, educating and training people to fill those good paying jobs, and protecting out people.”

“This is not time for pet projects or special interests.”

Now talking about Michigan now having “a friend in the White House who now shares our agenda.  I say this based on pragmatism, not upon partisanship.”  BULL CRAP!

She’s talking about him being focused on energy jobs, education, and protecting people.  COME ON Madame Governor, the Republicans are interested in all of those things too!

“We’ve made many tough choices in our budget.”  True, but you could have done a lot more to fix the state, but you didn’t, and that’s why we’re as bad as we are now.

“I have a veto pen, and I will use it. … The President’s economic plan is a one-time opportunity.”  Really?  Because so far, I count THREE bailout bills.  What’s to stop three more?

She’s saying that our problems will be here after the economic stimulus money is gone.  Lt. Governor Cherry will be in charge of downsizing government, reducing number of departments from 18 to 8.

Something about we can’t have “9-5 government in a 24/7 world.”  Good point there – I’ll give her that one.

Her and Cherry are reducing salaries of all elected state officials in Michigan by 10%.  That’s a good move – I COMMEND HER on that, but I don’t really see how she can directly do that.

“Already, I’ve cut more than any other Governor in Michigan.”

She’s saying that a national survey showed that MI has done more to cut spending than other state in the country.  I’d like to see the details of the survey, but if it’s all true, I commend her on that.

She’s cutting funding for the state fair – because it’s not essential to government.  GOOD CALL!

Talking about preserving our wetlands.

Talking about reducing corrections spending.  We’re going to close 3 more facilities in the coming months.  Reinvest in more law enforcement on the street.  More law enforcement is good, but I’m not too keen on closing 3 facilities – that means more criminals on the streets, since our prisons are already TOO FULL!

Funding for roads, bridges, and transit systems – um, we’ve needed that for the past FEW years!

We can focus on jobs when we spend within our means.

We need to diversify, but that doesn’t mean sacrificing our number one industry, the auto industry.  When pundits and ill-informed politicians take cheap shots at the auto industry and its workers, we (she’s saying this) will defend the auto industry.

Talking about the green auto industry being great.

Hundreds of thousands of jobs being lost since 2000.  “These losses have fueled our determination to bring new industry to Michigan.”  Good – we can’t JUST depend on the auto industry anymore.

Talking about film and TV project coming to Michigan after the tax breaks to film companies.

Three major announcements:

  • Wonderstruck Animation Studios – $86 million in Detroit.
  • Stardock Systems (digital gaming) – build in Plymouth
  • Motown Motion Pictures – $54 million in Pontiac (former GM plant)

Motown MP alone will create 3,600 jobs.  That’s great news – especially for the Pontiac area.

“But our success with the film industry is not an isolated example.”  Talking about renewable energy industry – solar panel production companies are building here in Michigan.

Just like the auto industry “it creates all kinds of jobs for all kinds of people.”  And that’s a good thing – I am VERY enthusiastic about renewable energy, as long as it’s not expensively forced on the people.

She’s talking about wind turbines (and wind power is something I have always been really excited about – that  and nuclear power).

Jobs for manufacturers and engineers – for solar panels and electric car batteries.

She’s getting really intense about this.  “The fact that these jobs are in Michigan is no accident.”

We bring them here by beating out other states and countries.

We passed incentives to make sure those batteries are made in Michigan.  Within weeks of passage, GM said that they’d make batteries for the Volt automobile will be made here in Michigan.  5 million electric car batteries to be made a year, creating 14,000 jobs.

She’s saying that we want electric cars researched and designed here as well as all kinds of renewable energy companies.

She set a goal for becoming more dependent on renewable energy.

  • 3 wind turbine manufactures to expand in Michigan.
  • Unisolar to build solar panel factory in Battle Creek.
  • HSC – $1 billion for solar panel expansion
  • Dow-Corning – more solar panels.
  • Great Lakes Turbine to build in Monroe (where my roommate’s from!)

“We all know that  we need more jobs – a lot more.”  I agree with you there.

President Obama has demanded more use of renewable energy.  This will increase jobs in Michigan.

“By 2020, Michigan will reduce our reliance on fossil fuels for generating electricity by 45%. … We’ll do it through increased renewable energy and gains in energy efficiency.”  Sounds like a good idea to me, but I think 45% is high.  I have no problem with it as long as it doesn’t jack up prices.  But if it makes energy unaffordable, don’t do it.

Instead of importing coal, we’ll spend energy money on Michigan wind turbines and solar panels and energy efficiency devices, all installed by Michigan workers.

Ask Legislatures to allow for Michigan homeowners to become entrepreneurs by installing solar panels on roofs and selling money back to power company.  Sounds good to me – it’s giving people the choice to do this, and enables people to eventually make that money back.

Asking utility companies to invest in energy efficient products.  Good.

Unlike the coal we buy right now, the money that we will spend on energy efficiency will create jobs in Michigan.

Create Michigan Energy Corps - creating jobs and turning natural resources into renewable fuels and weatherizing houses.

Saying that we’ll need less coal power  plants here in Michigan.

I’m kinda mad that she hasn’t said anything about more nuclear here in Michigan.

Talking about how she’ll bring new jobs to Michigan – that she’s gone all over the world to get jobs.  Yeah, well you haven’t been too successful so far.  You can go places to bring jobs here, but that doesn’t matter until you bring some here.

Saying she’ll require (I think it was universities) to buy Michigan.  I have a problem with that though, because she wants a tuition freeze in order for universities to get stimulus money.  How can they do that if you FORCE them to buy Michigan-made (more expensive at times).

Saying people should buy Michigan products.  Buy everything from Ford to Faygo.

Talking about the Michigan $4,000 putting college in the reach of all students.  Um, $4,000 really doesn’t do that much.

Michigan will be the first state to replicate the Kalamazoo promise on a large scale.  Something about free education, and I missed the rest.

#2 in the country for well qualified teachers in the classroom.  How are we #2 with the Detroit Public School system?

No Worker Left Behind: Talking about free college tuition – $5,000 per year for 2 years.  Training people for jobs, such as nurses, electricians, computer technicians.  52,000 people.  Helping us to remake Michigan.

Added more resources to the unemployment system – THAT’s what we need – to allow more people to rely on welfare!

Asking universities and colleges to freeze tuition for the next year.  The problem with that is, what if THEY can’t afford it?

Give people 90 days without the fear of foreclosure.  That’s absolutely insane.  If people buy a house that they can’t afford, then they should lose it.

Talking about asking auto insurance companies to freeze rates on auto insurance.  Sure, if they want to, but don’t make it mandatory.

She’s saying we’ll use every administrative tool to ensure that affordable rates are given to consumers.  That should be up to the companies, not the government.

Saying that we shouldn’t strip people of health coverage in order to reduce spending.  We shouldn’t HAVE state sponsored health care!  She’s saying we should protect those whom people of faith often call “the least of these.”  Well, people of faith need to step up and help the poor.  That’s their duty as good Christians (as it is my duty), NOT the governments.  When did Jesus ever say that the government should help the poor?  He didn’t!  He said his followers should – that’s why it makes me angry when people give that as a reason that Jesus would be a Democrat!

And wouldn’t “the least of these” refer to the unborn babies as well?  I don’t see you protecting them, Madame Governor!

“Is it harder to balance the state budget or the budget of a family who went from 2 paychecks to 1?”  Talking about the harships of family being much greater than the hardships of politicians as leaders.

She’s now giving an example of a guy on unemployment who used No Worker Left Behind to go to a university and now he’s working for Dow Corning.

Sorry – my news station just stopped covering it – ABC needed to go back to “regular scheduled programming.”

OK – I’m back.

Talking about hope and strength.  “We together will build a better Michigan.  God bless you all, and God bless the great state of Michigan.”

Tim Skubik is on now – saying that “Doom and Gloom” only got 2 paragraphs.  He’s right – I think she could’ve shown that things are bad more than she did instead of just saying, “This is what we WILL do,” since she’s been saying that for YEARS now.

She never really said exactly how much she wanted to cut out of the government.  I will commend her for some of her pro-energy efficient plans, but I think she may wind up driving up costs at a time that we can’t afford it.  Allowing people to sell back energy from solar panels is a GOOD thing, because it gives individuals the choice to do it, instead of  mandating it.

And now Mike Bishop’s response:

He’s saying that “we all want what’s best for our state.”

“Each one of us has felt the effects of this economy.”

Saying that the Governor wants to use federal funds to fix the state, but a quick infusion of money “will never be the antidote. … You can’t increase spending and debt and somehow hope to resolve a serious budget crisis.”  The Republicans will submit a plan in the next 45 days for instant stimulus – it incentives job providers instead of increasing spending.

The House must pass Senate Bill 1.  Get rid of the 22% business surcharge.

Talking about manufacturing complexes and other companies coming in due to tax cuts, proving that business tax cuts DO work.

The second part of the plan would bring property taxes in line with home values.  Third, a tax credit for purchases of new homes will be created.  This would spur the housing market.  And he’s absolutely right – that was one of the things my parents looked into was the huge jump in taxes we would’ve payed if we moved this past summer.

Review each item in the state budget and find savings – good!

We must “be certain that state resources are used efficiently.”  Absolutely!

Talking about opportunities coming with adversity – leaders need to rise up and “take the reins that will lead us back to prosperity. … Time for us to fix Michigan. … Thank you … God bless you, our families, and our great state of Michigan.”

Alright – I’m off to a meeting – I’ll spell check this and finish my analysis when I get back.

Done Reporting,

Ranting Republican
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Obama Should Keep Guantanamo Open but Change the Detention Procedures

January 26, 2009

Recently, Barack Obama issued an executive order that would close the detention facility at the  Guantanamo Bay Naval Base as well as review the detention status of all of the detainees.

Here’s that executive order, courtesy of the White House (note, if you want to skip all of the executive orders and just to my analysis, scroll toward the bottom :

EXECUTIVE ORDER — REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE OF DETENTION FACILITIES        

   By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:

        Section 1Definitions. As used in this order:

        (a)  “Common Article 3″ means Article 3 of each of the Geneva Conventions.

        (b)  “Geneva Conventions” means:

   (i)    the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

   (ii)   the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

   (iii)  the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

   (iv)   the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

        (c) “Individuals currently detained at Guantánamo” and “individuals covered by this order” mean individuals currently detained by the Department of Defense in facilities at the Guantánamo Bay Naval Base whom the Department of Defense has ever determined to be, or treated as, enemy combatants.

        Sec. 2Findings.

        (a)  Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantánamo. The Federal Government has moved more than 500 such detainees from Guantánamo, either by returning them to their home country or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantánamo are eligible for such transfer or release.

      (b) Some individuals currently detained at Guantánamo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantánamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantánamo should precede the closure of the detention facilities at Guantánamo.

        (c) The individuals currently detained at Guantánamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.

        (d)  It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantánamo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice. The unusual circumstances associated with detentions at Guantánamo require a comprehensive interagency review.

        (e)  New diplomatic efforts may result in an appropriate disposition of a substantial number of individuals currently detained at Guantánamo.

        (f)  Some individuals currently detained at Guantánamo may have committed offenses for which they should be prosecuted. It is in the interests of the United States to review whether and how any such individuals can and should be prosecuted.

        (g)  It is in the interests of the United States that the executive branch conduct a prompt and thorough review of the circumstances of the individuals currently detained at Guantánamo who have been charged with offenses before military commissions pursuant to the Military Commissions Act of 2006, Public Law 109-366, as well as of the military commission process more generally.

        Sec. 3Closure of Detention Facilities at Guantánamo. The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.

        Sec. 4Immediate Review of All Guantánamo Detentions.

        (a) Scope and Timing of Review. A review of the status of each individual currently detained at Guantánamo (Review) shall commence immediately.

      (b) Review Participants. The Review shall be conducted with the full cooperation and participation of the following officials:

   (1)  the Attorney General, who shall coordinate the Review;

   (2)  the Secretary of Defense;

   (3)  the Secretary of State;

   (4)  the Secretary of Homeland Security;

   (5)  the Director of National Intelligence;

   (6)  the Chairman of the Joint Chiefs of Staff; and

   (7)  other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General, with the concurrence of the head of the department or agency concerned.

        (c)  Operation of Review. The duties of the Review participants shall include the following:

   (1)  Consolidation of Detainee Information. The Attorney General shall, to the extent reasonably practicable, and in coordination with the other Review participants, assemble all information in the possession of the Federal Government that pertains to any individual currently detained at Guantánamo and that is relevant to determining the proper disposition of any such individual. All executive branch departments and agencies shall promptly comply with any request of the Attorney General to provide information in their possession or control pertaining to any such individual. The Attorney General may seek further information relevant to the Review from any source.

   (2)  Determination of Transfer. The Review shall determine, on a rolling basis and as promptly as possible with respect to the individuals currently detained at Guantánamo, whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests of the United States and, if so, whether and how the Secretary of Defense may effect their transfer or release. The Secretary of Defense, the Secretary of State, and, as appropriate, other Review participants shall work to effect promptly the release or transfer of all individuals for whom release or transfer is possible.

   (3)  Determination of Prosecution. In accordance with United States law, the cases of individuals detained at Guantánamo not approved for release or transfer shall be evaluated to determine whether the Federal Government should seek to prosecute the detained individuals for any offenses they may have committed, including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution, and the Review participants shall in turn take the necessary and appropriate steps based on such determinations.

   (4)  Determination of Other Disposition. With respect to any individuals currently detained at Guantánamo whose disposition is not achieved under paragraphs (2) or (3) of this subsection, the Review shall select lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice, for the disposition of such individuals. The appropriate authorities shall promptly implement such dispositions.

   (5)  Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guantánamo to facilities within the United States, and the Review participants shall work with the Congress on any legislation that may be appropriate.

        Sec. 5Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order.

        Sec. 6Humane Standards of Confinement. No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter.

        Sec. 7Military Commissions.  The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

        Sec. 8General Provisions.

        (a) Nothing in this order shall prejudice the authority of the Secretary of Defense to determine the disposition of any detainees not covered by this order.

        (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

        (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

     BARACK OBAMA

     THE WHITE HOUSE,

     January 22, 2009. 

Alright, so there’s the executive order to close the detention center within a year.  Personally, other than Section 3, I really don’t have a problem with this executive order.  I just don’t see the need to close the detention center itself.  The detention center isn’t the problem.  The problem (and I’m not agreeing or disagreeing with people’s stance on the problem) has to do with whether or not we can hold them while denying  them the writ of habeas corpus.  That has NOTHING to do with WHERE the detention center is.  We could hold them here in the U.S. and we could still deny them habeas corpus.  Or we could keep them in Guantanamo and let them live like it’s a Hilton hotel.  My point is – Guantanamo, the detention center, really has nothing to do with the problem, other than it’s become an image of a violation of human rights.

President Obama also issued the following executive order, to figure out what we’re going to do with those accused of committing acts of terrorism:

EXECUTIVE ORDER — REVIEW OF DETENTION POLICY OPTIONS

   By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations that are consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:

   Section 1Special Interagency Task Force on Detainee Disposition.

   (a) Establishment of Special Interagency Task Force. There shall be established a Special Task Force on Detainee Disposition (Special Task Force) to identify lawful options for the disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.

   (b) Membership. The Special Task Force shall consist of the following members, or their designees:

   (i)     the Attorney General, who shall serve as Co-Chair;

   (ii)    the Secretary of Defense, who shall serve as Co-Chair;

   (iii)   the Secretary of State;

   (iv)    the Secretary of Homeland Security;

   (v)     the Director of National Intelligence;

   (vi)    the Director of the Central Intelligence Agency;

   (vii)   the Chairman of the Joint Chiefs of Staff; and

   (viii)      other officers or full-time or permanent part-time employees of the United States, as determined by either of the Co-Chairs, with the concurrence of the head of the department or agency concerned.

   (c) Staff. Either Co-Chair may designate officers and employees within their respective departments to serve as staff to support the Special Task Force. At the request of the Co-Chairs, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the heads of the departments or agencies that employ such individuals. Such staff must be officers or full-time or permanent part-time employees of the United States. The Co-Chairs shall jointly select an officer or employee of the Department of Justice or Department of Defense to serve as the Executive Secretary of the Special Task Force.

   (d) Operation. The Co-Chairs shall convene meetings of the Special Task Force, determine its agenda, and direct its work. The Co-Chairs may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects.

   (e) Mission. The mission of the Special Task Force shall be to conduct a comprehensive review of the lawful options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy interests of the United States and the interests of justice.

   (f) Administration. The Special Task Force shall be established for administrative purposes within the Department of Justice, and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

   (g) Report. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order unless the Co-Chairs determine that an extension is necessary, and shall provide periodic preliminary reports during those 180 days.

   (h) Termination. The Co-Chairs shall terminate the Special Task Force upon the completion of its duties.

   Sec. 2General Provisions.

   (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

   (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

     BARACK OBAMA

       THE WHITE HOUSE,

     January 22, 2009.

Alright, that’s a GREAT executive order there, because if he’s going to go through with closing the Guantanamo detention center, we need to have a place to put the alleged terrorists.

And lastly, we have an executive order dealing with interrogation processes:

EXECUTIVE ORDER — ENSURING LAWFUL INTERROGATIONS

By the authority vested in me by the Constitution and the laws of the United States of America, in order to improve the effectiveness of human intelligence gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed, I hereby order as follows:

Section 1.  Revocation.  Executive Order 13440 of July 20, 2007, is revoked.  All executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the Central Intelligence Agency (CIA) from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals, are revoked to the extent of their inconsistency with this order.  Heads of departments and agencies shall take all necessary steps to ensure that all directives, orders, and regulations of their respective departments or agencies are consistent with this order.  Upon request, the Attorney General shall provide guidance about which directives, orders, and regulations are inconsistent with this order.
Sec. 2.  Definitions.  As used in this order:

(a)  “Army Field Manual 2 22.3″ means FM 2-22.3, Human Intelligence Collector Operations, issued by the Department of the Army on September 6, 2006.

(b)  “Army Field Manual 34-52″ means FM 34-52, Intelligence Interrogation, issued by the Department of the Army on May 8, 1987.

(c)  “Common Article 3″ means Article 3 of each of the Geneva Conventions.

(d)  “Convention Against Torture” means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984, 1465 U.N.T.S. 85, S. Treaty Doc. No. 100 20 (1988).

(e)  “Geneva Conventions” means:

 (i)    the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

 (ii)   the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

 (iii)  the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

 (iv)   the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

(f)  “Treated humanely,” “violence to life and person,” “murder of all kinds,” “mutilation,” “cruel treatment,” “torture,” “outrages upon personal dignity,” and “humiliating and degrading treatment” refer to, and have the same meaning as, those same terms in Common Article 3.

(g)  The terms “detention facilities” and “detention facility” in section 4(a) of this order do not refer to facilities used only to hold people on a short-term, transitory basis.

Sec. 3.  Standards and Practices for Interrogation of Individuals in the Custody or Control of the United States in Armed Conflicts.

(a)  Common Article 3 Standards as a Minimum Baseline.  Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340 2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and other laws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person (including murder of all kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating and degrading treatment), whenever such individuals are in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States.

(b)  Interrogation Techniques and Interrogation-Related Treatment.  Effective immediately, an individual in the custody or under the effective control of an officer, employee, or other agent of the United States Government, or detained within a facility owned, operated, or controlled by a department or agency of the United States, in any armed conflict, shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3 (Manual).  Interrogation techniques, approaches, and treatments described in the Manual shall be implemented strictly in accord with the principles, processes, conditions, and limitations the Manual prescribes.  Where processes required by the Manual, such as a requirement of approval by specified Department of Defense officials, are inapposite to a department or an agency other than the Department of Defense, such a department or agency shall use processes that are substantially equivalent to the processes the Manual prescribes for the Department of Defense.  Nothing in this section shall preclude the Federal Bureau of Investigation, or other Federal law enforcement agencies, from continuing to use authorized, non-coercive techniques of interrogation that are designed to elicit voluntary statements and do not involve the use of force, threats, or promises.

(c)  Interpretations of Common Article 3 and the Army Field Manual.  From this day forward, unless the Attorney General with appropriate consultation provides further guidance, officers, employees, and other agents of the United States Government may, in conducting interrogations, act in reliance upon Army Field Manual 2 22.3, but may not, in conducting interrogations, rely upon any interpretation of the law governing interrogation — including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2 22.3, and its predecessor document, Army Field Manual 34 52    issued by the Department of Justice between September 11, 2001, and January 20, 2009.
Sec. 4.  Prohibition of Certain Detention Facilities, and Red Cross Access to Detained Individuals.

(a)  CIA Detention.  The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.

(b)  International Committee of the Red Cross Access to Detained Individuals.  All departments and agencies of the Federal Government shall provide the International Committee of the Red Cross with notification of, and timely access to, any individual detained in any armed conflict in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States Government, consistent with Department of Defense regulations and policies.
Sec. 5.  Special Interagency Task Force on Interrogation and Transfer Policies.

(a)  Establishment of Special Interagency Task Force.  There shall be established a Special Task Force on Interrogation and Transfer Policies (Special Task Force) to review interrogation and transfer policies.

(b)  Membership.  The Special Task Force shall consist of the following members, or their designees:

 (i)     the Attorney General, who shall serve as Chair;

 (ii)    the Director of National Intelligence, who shall serve as Co-Vice-Chair;

 (iii)   the Secretary of Defense, who shall serve as Co-Vice-Chair;

 (iv)    the Secretary of State;

 (v)     the Secretary of Homeland Security;

 (vi)    the Director of the Central Intelligence Agency;

 (vii)   the Chairman of the Joint Chiefs of Staff; and

 (viii)  other officers or full-time or permanent part time employees of the United States, as determined by the Chair, with the concurrence of the head of the department or agency concerned.

(c)  Staff.  The Chair may designate officers and employees within the Department of Justice to serve as staff to support the Special Task Force.  At the request of the Chair, officers and employees from other departments or agencies may serve on the Special Task Force with the concurrence of the head of the department or agency that employ such individuals.  Such staff must be officers or full-time or permanent part-time employees of the United States.  The Chair shall designate an officer or employee of the Department of Justice to serve as the Executive Secretary of the Special Task Force.

(d)  Operation.  The Chair shall convene meetings of the Special Task Force, determine its agenda, and direct its work.  The Chair may establish and direct subgroups of the Special Task Force, consisting exclusively of members of the Special Task Force, to deal with particular subjects.

(e)  Mission.  The mission of the Special Task Force shall be:

 (i)   to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and

 (ii)  to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.

(f)  Administration.  The Special Task Force shall be established for administrative purposes within the Department of Justice and the Department of Justice shall, to
the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

(g)  Recommendations.  The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order, unless the Chair determines that an extension is necessary.

(h)  Termination.  The Chair shall terminate the Special Task Force upon the completion of its duties.
Sec. 6.  Construction with Other Laws.  Nothing in this order shall be construed to affect the obligations of officers, employees, and other agents of the United States Government to comply with all pertinent laws and treaties of the United States governing detention and interrogation, including but not limited to:  the Fifth and Eighth Amendments to the United States Constitution; the Federal torture statute, 18 U.S.C. 2340 2340A; the War Crimes Act, 18 U.S.C. 2441; the Federal assault statute, 18 U.S.C. 113; the Federal maiming statute, 18 U.S.C. 114; the Federal “stalking” statute, 18 U.S.C. 2261A; articles 93, 124, 128, and 134 of the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, and 934; section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd; section 6(c) of the Military Commissions Act of 2006, Public Law 109 366; the Geneva Conventions; and the Convention Against Torture.  Nothing in this order shall be construed to diminish any rights that any individual may have under these or other laws and treaties.  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
January 22, 2009

 Honestly, that’s REALLY the most important executive order that he needed to issue in order to remedy the human rights / Constitutional violations.

I really don’t think that Guantanamo detention center needs to be closed.  If Obama wants to simply use better interrogation methods and restore the writ of habeas corpus, closing Guantanamo, in and of itself doesn’t do that.  All he really has to do is change the process of how we handle accused terrorists.

Instead, he has chosen to close Gitmo, and that creates a problem: What do we do with the alleged terrorists?

We can’t put them in normal prisons with other prisoners.  Sex offenders and child molesters already have problems in prison.  Can you imagine what prisoners would do if they were around an accused terrorist?  The terrorist wouldn’t last more than maybe a week.

So, that means that we have to build a new prison.  Well, where are we going to do that?  Nobody will want the prison in “their backyard.”  What if a prisoner escapes?  That means that a terrorist is running around.  People aren’t going to want to risk that in their neighborhood.  Obama is going to find it very difficult to find somewhere that will/can take these prisoners.

Personally, as long as the prison was secure (and I mean REALLY secure), I wouldn’t mind having it in Michigan.  We’d definitely have to build a new prison, since we don’t have enough room in our prisons as it is.

Still, I think the best way to deal with the terrorist detainees is to keep them in Guantanamo Bay.  If Obama wants to ensure that they have more rights/privileges/whatever you want to call it, he can instruct his Attorney General to give them to the detainees, but closing Gitmo only creates more problems.

Done Ranting,

Ranting Republican
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