Some Defense Department lawyers are worried. Actually, quite a few of them are. They see a train wreck coming with the Obama administration’s evolving Guantanamo Bay detainee policies. Since it is DOD lawyers tasked with much of the footwork for administration decisions, they see firsthand how disorganized, inept, and ideologically extreme the handling of the issue has been. The DOJ, now thoroughly politicized and partisan under Eric Holder, is lock step with Obama’s White House on the issue, and is thoroughly at odds with its legal counterparts in the DOD. At a time when former Guantanamo Bay detainees are battling US forces in Afghanistan, and Jihadists are resurgent worldwide, the country can ill afford the administration’s criminalizing of admitted terrorists or of enemy combatants captured in battle against US forces.

What DOD lawyers are worried about are second-order effects. Namely, the unanticipated consequences of decisions made without due consideration or examination of facts. They are deeply concerned that the administration’s political appointees making decisions on the issue are as likely to be chosen for ideological purity as they are for their acumen on applicable laws. The political appointees are perceived by many in the DOD as caring more for their political ideological creed than for the safety of US citizens, or for the responsible stewardship of tax dollars. It is Leftist canon that Guantanamo Bay be closed, the risks and consequences be damned. Every policy decision pursuing that goal equates to thousands of man hours for DOD lawyers and millions of dollars.

DOD attorneys, including prosecutors and defense attorneys of all political stripes, are of the opinion that closing Guantanamo Bay is an illogical and irresponsible political move made without the facts, and one that will cost billions. No stateside facility has the resources Guantanamo Bay does. As for which stateside facility should replace Guantanamo, the administration cannot make up its mind. As Obama’s minions position for optimum political influence, they have flitted from military sites in Leavenworth, Kansas and Charleston AFB, South Carolina, to civilian facilities in Standish, Michigan and Thomson, Illinois.

The MSM has been telling Americans less that the truth on the detainee issue. Americans have not been told how well thought out was the construction of Guantanamo Bay. Its courtroom was designed by the William and Mary Law School – it is state of the art, capable of handling testimony involving top secret evidence. It has a media center. As for the detainees, forget the horror stories that represent the disinformation tactics of terrorist sympathizers who aim to sway public opinion. Detainees receive the best in medical and dental care. They have daily access to soccer fields. They have exercise areas that overlook the Caribbean, books and movies, as well as a menu where they can choose from several entrée’s cooked to Islamic Halal standards.

They are not tortured and they never were.

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From Washington Examiner’s Byron York:

Attorney General Eric Holder says nine Obama appointees in the Justice Department have represented or advocated for terrorist detainees before joining the Justice Department. But he does not reveal any names beyond the two officials whose work has already been publicly reported. And all the lawyers, according to Holder, are eligible to work on general detainee matters, even if there are specific parts of some cases they cannot be involved in.

Holder’s admission comes in the form of an answer to a question posed last November by Republican Sen. Charles Grassley. Noting that one Obama appointee, Principal Deputy Solicitor General Neal Katyal, formerly represented Osama bin Laden’s driver, and another appointee, Jennifer Daskal, previously advocated for detainees at Human Rights Watch, Grassley asked Holder to give the Senate Judiciary Committee “the names of political appointees in your department who represent detainees or who work for organizations advocating on their behalf…the cases or projects that these appointees work with respect to detainee prior to joining the Justice Department…and the cases or projects relating to detainees that have worked on since joining the Justice Department.”

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From Guantanamo to Health Care, Obama is certainly seeking to Change America – or more accurately -to accelerate the pace of change from a private enterprise-freedom based civilization to a Big Government-run society.  According to Thomas Paine, “It is the duty of a patriot to protect his country from his government.”  I realize that is a slightly different definition than Joe Biden would use, but nevertheless, in that light, here is my listing of the worst of his policy decisions:

6. Bailing Out GM.  “His policy of public investments prevented necessary liquidations.  The businesses he hoped thus to save either went bankrupt in the end, after fearful agonies, or were burdened . . . by a crushing load of debt.  [He] undermined property rights . . .pushed federal credit into the banks and bullied them into inflating . . .” Historian Paul Johnson wrote that of Herbert Hoover.  You can almost substitute Obama’s name for Hoover’s  in every detail.   By the way, Government Motors sales are declining at 3 times the rate of the industry as a whole.  Hoover would be proud.

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The same people who have brought you 10 percent unemployment, government run health care and a national energy tax are now attempting to bequeath you with another unwanted holiday gift.  This time, however, the stakes are even higher as they want to bring terrorists to US soil.

The White House has just announced their plan to transfer Guantanamo Bay detainees to Thomson Correctional Center in Illinois.  From my briefings at GITMO and speaking with people who know the situation well, I can say that moving GITMO terrorists to Thomson, is a huge unnecessary gamble.

Those terrorists still remaining in GITMO are among the world’s most dangerous warriors. They are wickedly creative in thinking out of the box when contemplating doing us harm, as evidenced by the attacks of September 11, 2001.  They command the loyalty of thousands of fellow jihadists around the world and have complete control over the minds of followers, both in detention and on the outside.  On a whim, they can—and have—ordered those under their command to commit suicide at a moment’s notice.

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Earlier this month President Obama fired Greg Craig, his main counsel on matters concerning the Guantanamo Bay Facility. And this week Obama sheds another one of his GITMO team with the resignation of Deputy Assistant Secretary for Defense for Detainee Policy, Phillip Carter.

It appears that Obama’s GITMO team is being systematically eliminated. One has to ask, why? The only real answer has to be that Obama is setting up some plausible deniability by firing or forcing the resignation of officials involved with GITMO policy. Once enough of these people are gone, Obama can look wide-eyed to the public and claim that he was badly served by his GITMO advisers and, therefore, it isn’t his fault.

Unfortunately for Obama the failure is not with the staff but with the chief himself, Obama.

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According to the American Historian Will Durant, “Animals claw each other to death, men consume each other by due process of law.”  And with that sentiment in mind, it is easy to see why the Obama Administration has made one of the worst foreign policy decisions in American history.

Of course, I am talking about the decision to try terrorists for “crimes” in New York City in a criminal court using the laws of our land.  Let us count the ways this decision is beyond negligent; it is a gross dereliction of duty:

1.  An Unprecedented Act Providing A Terrible Precedent.  Throughout our history, we have treated enemy combatants as those committing an act of war.  That is so because (a) they are not US citizens, and (b) their acts were acts of war.  In other words, they were not criminal acts of a US citizen committed during peace time.  Now however, Obama has allowed at least one enemy combatant to be tried in a US criminal court subject to the constitutional laws of our country.

Here is what logically can flow from that legal precedent, keeping in mind that the first right granted is never the last:

a)      Other enemy combatants will claim that they are not being treated “separately but fairly,” that they too have a right to due process, and so they will claim that they have a right to tried in a US criminal court as well – effectively ending military tribunals; and

b)      Thereafter, enemy combatants will not only make use of our appeal process, they will also claim that they have a right to sue in our civil courts for any claimed “civil rights” injustices as a result of the process by which they were captured, detained and/or questioned – regardless of any existing laws to the contrary which they will claim are  – you guessed it  – unconstitutional;  and

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Once again we see how clueless Democrats like Illinois Governor Pat Quinn and Senator Dick Durbin are on matters of national security. With Barack Obama’s decision to treat the terrorists at Guantanamo Bay as if they are common American criminals, as the president bestows constitutional rights upon them, and with his decision to spread these monsters out across the U.S.A, we see Quinn and Durbin idiotically asserting that terrorists equal “good paying jobs.”

These jobs might come from the sale to the federal government of the Thomson correctional facility in west central Illinois where Obama could send some 100 detainees in preparation of closing down the Guantanamo Bay, Cuba facilities. Obama is struggling to figure out what to do with these detainees after his hastily made, ill-informed decision last January to close down the terrorist detainment facility.

After the idea was announced both Quinn and Durbin found themselves all excited to welcome these monsters into their state and both imagined that the occasion means that Illinois gets jobs. Durbin is quoted in the Wall Street Journal as saying that this is a dramatic opportunity.

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