Recent reports about the Guantánamo Bay military prison have documented and confirmed the torture of detainees, and offered new insight into the wobbly legality of military commissions.
Scores of prisoners remain there and according to a Seton Hall report an elaborate system has been installed to eavesdrop on attorneys meeting with the prisoners, thereby undermining the legitimacy of the military tribunals. The Constitution Project also released an exhaustive report confirming what has been known for years – that torture of prisoners did occur at Guantánamo. Many of the prisoners are on hunger strikes, they see no escape from a place where they are being indefinitely held. “The situation is desperate now,” prisoner Samir Najl al Hasan Moqbel wrote in a recent column for The New York Times.
Today, President Obama, during a White House news briefing, said he still would like to see Gitmo shuttered. Obama promised to close the prison during his first term, but failed. Some reporting said the administration did not have much of a strategy in place for closing the prison.
Obama said, “I continue to believe that we need to close Guantánamo. I think it is critical for us to understand that Guantánamo is not necessary to keep us safe. It is expensive, it is inefficient, it hurts us in terms of our international standing, it lessens cooperation with our allies on counterterrorism efforts, it is a recruitment tool for extremists. It needs to be closed,” The Huffington Post’s Ryan J. Reilly reports.
He continued, “The notion that we’re going to continue to keep over 100 individuals in a no-man’s land in perpetuity – even at a time when we’ve wound down the war in Iraq, we’re winding down the war in Afghanistan, we’re having success defeating al Qaeda, we’ve kept pressure up on all these transnational terrorist networks, when we’ve transferred detention authority to Afghanistan – the idea that we would still maintain, forever, a group of individuals who have not been tried, that is contrary to who we are, it’s contrary to our interests, and it needs to stop.”
The Center for Constitutional Rights, which has long represented some of the prisoners, lauded Obama’s comments, but noted the president should not place the entire onus on Congress to close the prison.
For instance, CCR said that Obama “still has the power to transfer the men right now. He should use the certification/waiver process created by Congress to transfer detainees with the 86 men who have been cleared for release, including our client Djamel Ameziane.”
by Spencer Overton,a Professor of Law at The George Washington University Law School and a Senior Fellow at Demos.This piece is crossposted at The Huffington Post.
I attended yesterday’s U.S. Supreme Court oral argument in the Arizona voter registration case. The argument went well generally, but Justice Alito suggested the Justices would create a “crazy” double standard by requiring that Arizona election officials accept the federal registration form.
Alito’s concerns are unwarranted. Arizona chose to create two standards when it chose to add special “proof of citizenship” to register.
The National Voter Registration Act requires that all states “accept and use” a single, uniform voter registration form for federal elections (states can also still use their own registration forms).
The Federal Form requires that prospective voters check a box and sign an affirmation that they are U.S. citizens under penalty of perjury.
Arizona, however, adopted a state law requiring “satisfactory proof” of U.S. citizenship to register, such as a birth certificate, U.S. passport, or state driver’s license that shows citizenship. As a result, Arizona rejected over 31,000 registrations that lacked its “proof of citizenship” -- including Federal Forms -- even though Arizona concedes it has no evidence that any of these individuals were non-citizens.
My take is that Arizona must accept all Federal Forms that comply with the citizenship affirmation rules set by Congress. The federal Act was designed to expand participation in federal elections by streamlining the registration process with a simple, uniform Federal Form that prevents states from piling on additional hurdles to register. Indeed, as Justice Sotomayor mentioned, Congress explicitly rejected an amendment that would have allowed states to require “documentary evidence” of U.S. citizenship.
by Edward A. Hailes, Jr. is Managing Director and General Counsel for Advancement Project. He formerly served as the General Counsel for the U. S. Commission on Civil Rights where he directed its investigation into voting irregularities in Florida during the 2000 presidential election. This post is part of an ACSblog symposium on Shelby County v. Holder.
In 2006, the United States Congress reauthorized the Voting Rights Act of 1965 putting certain jurisdictions under the microscope once again to determine whether those jurisdictions were fully cured from the infection of past and present discriminatory voting practices. These ugly practices prevented and continue to prevent ordinary citizens of color from having equal access in our democracy. Congress conducted similar examinations in 1970, 1975, and 1982, each time determining, on a bipartisan basis that protecting the rights of voters in these jurisdictions required ongoing scrutiny and action.
The 2006 examination was particularly extensive and illuminating. The record of review entailed 15,000 pages and testimony from more than 50 witnesses who examined the body of evidence from both sides of the issue. Based on this thorough, objective review, Congress concluded that, despite progress toward achieving political equality for minority voters in the covered jurisdictions, “40 years has not been a sufficient amount of time to eliminate the vestiges of discrimination following nearly 100 years of disregard for the dictates of the 15th Amendment and to ensure that the right of all citizens to vote is protected as guaranteed by the Constitution.” Congress also found that without continuation of Section 5 [which is the very heart of the Voting Rights Act] voters of color “will be deprived of the opportunity to exercise their right to vote, or will have their votes diluted, undermining the significant gains made by minorities in the last 40 years.”
Despite attorneys in the Department of Justice’s Office of Legal Counsel who appear to have produced a lengthy justification for targeted killings that skewers the English language to wend its around constitutional principles such as due process before the government can deprive a person of liberty, President Obama has nonetheless taken solid action to counter the right’s take on the Constitution as a document that limits government’s ability to take collective action to protect and advance the nation’s welfare.
In a piece for The New Republic, Simon Lazarus, senior counsel to the Constitutional Accountability Center, says it’s about time – likely long overdue -- that progressives provide a compelling alternative to the right’s simplistic, but effective rhetoric of a Constitution that is all about individual rights and a weak central government.
Quickly after the president provided some staunchly liberal rhetoric in his Second Inaugural address, Republican lawmakers, such as Sens. Mitch McConnell (R-K.Y.) and Chuck Grassley (R-Iowa) brayed that the president was ushering in or attempting to an age of radical liberalism. Grassley, as noted here, also groused that the president had turned the Second Amendment on its head by arguing that new measures aimed at curbing gun violence were no threat to the individual right to bear arms.
The president’s rhetoric on the Constitution, Lazarus writes, “echoes that of the Reconstruction Congresses which enacted the Thirteenth, Fourteenth and Fifteenth Amendments. In line with then-existing Supreme Court precedent, they believed Congress empowered to prevent interference with the exercise of individual rights created by constitutional prohibitions on government. Specifically, they held the federal government responsible for preventing private violence and intimidation designed to deter former slaves from voting and enjoying other constitutionally prescribed liberties. And they wrote into the amendments express authority for Congress to ‘enforce’ that responsibility.”
In 2006 when Congress overwhelmingly reauthorized Section 5, the major enforcement provision of the Voting Rights Act, it did so “at the height of its powers in regulating the intersecting areas of voting, race, and political rights,” a bipartisan group of congressmen state in a brief lodged in Shelby County v. Holder.
On Feb. 27, the U.S. Supreme Court will hear oral argument in the Shelby County case. Section 5 requires certain states and localities with deep histories of racial discrimination in voting to obtain “preclearance” from the Department of Justice or a federal court in Washington, D.C. before making changes to voting procedures. Officials in Shelby County, Ala., lodged the lawsuit arguing that Section 5 is no longer needed. The officials, with the support of the state’s attorney general, argue that racial discrimination in voting is largely a thing of the past and therefore state officials should not need the federal government’s approval of changes to voting procedures.
As noted on this blog, the NAACP Legal Defense & Educational Fund (LDF), representing some voters in Alabama, is battling those claims in defense of the landmark law. (Other civil liberties groups are also urging the Supreme Court to uphold Section 5. To see some briefs and more information about the VRA, visit ACS’s Voting Rights Act Resource Page.)
The friend-of-the-court brief filed on behalf of Reps. F. James Sensenbrenner Jr. (R-Wis.), John Conyers Jr. (D-Mich.), Jerrold Nadler (D-N.Y.), Steve Chabot (R-Ohio), Robert C. “Bobby” Scott (D-V.A.) and Melvin Watt (D-N.C.), also urges the high court to show judicial restraint and uphold Section 5. The group of House Judiciary Committee members served as leadership during the 2006 reauthorization of Section 5. The group details the process of creating a voluminous congressional record that supported the ongoing need for the VRA’s Section 5.
Rep. Sensenbrenner in a press statement announcing the brief called the VRA “the crown jewel of the civil rights laws” that should be “ardently” defended. Rep. Conyers said Section 5 “remains critical to enforcing the constitutional rights of all voters, especially for voters in jurisdictions with a history of discrimination.”