At first blush, this sounds rather encouraging. But as with most announcements from the Bush White House, particularly about national security, context makes all the difference.
President Bush today announced the transfer to the Guantanamo Bay naval base of 14 al-Qaeda terrorist suspects previously held by the CIA in a secret detention program, and he called on Congress to pass legislation on special military tribunals so that they can be tried for crimes including the Sept. 11, 2001, attacks.
In a speech at the White House, Bush said the 14 include Khalid Sheikh Mohammed, the mastermind of the Sept. 11 plot.
He said their transfer “means there are now no terrorists in the CIA program.”
Listening to the rhetoric, it all sounded pretty reasonable. Detainees will face charges (instead of indefinite detention without charges), have the presumption of innocence, be treated with “the humanity that they denied others,” and the Red Cross will be advised of their detention. The CIA’s so-called “black sites” will reportedly be shut down.
But TNR’s Spencer Ackerman offers a helpful look at the big picture.
However, look deeper and not only is the White House not giving an inch in the debate, the KSM [Khalid Sheikh Mohammed] Shift of 2006 actually takes a mile. That’s because, to be blunt, we have tortured the dickens (to use a Rumsfeldian locution) out of KSM. All Guantánamo detainees, according to the Supreme Court, have the right to at least some access to the U.S. legal system. KSM, therefore, will pose an interesting test: Should his probable trial reflect the legal doctrine of the “fruit of the poisoned tree” — that is, will evidence obtained through torture be admissible in the military tribunals or not? McCain’s Detainee Treatment Act of 2005 says “of course not!” but Bush indicated in his infamous “signing statement” that he thinks he has the right to torture whoever he pleases. Now Congress will face a very unpleasant question: Unless it rejiggers the military tribunals to bless torture/coercion, KSM and other Al Qaeda figures might in fact be set free by the courts. Is Bush so cynical as to force Congress into the odious position of either setting the stage for murderers to walk out of Gitmo or blessing torture? Of course he is!
Last thing. I’ll have more on this in a forthcoming piece, but the CIA wants very, very badly to get out of the detention business. It’s afraid that whatever administration follows Bush will prosecute operatives and officials for complying with illegal Bush administration policy. It may be that Bush and his aides see an opportunity to neutralize a whole bunch of threats at once. That would be kind of admirable if it weren’t, you know, evil.
Stay tuned.