Well, we all know about Club Gitmo. No more, closed down per President Obama's order, as promised during the election.
Wow, WHAT a change!
Washington Times - EDITORIAL: Obama's outrageous oversight
And who would have thought that a Harvard Lawyer would make such a bonehead move?
Ah, well, it really IS tougher in the Bigs, isn't it?
[quote]
Case in point: the president's knowledge of the role of the Classified Information Procedures Act or CIPA. This law governs the way in which classified information is used in trials. The Sixth Amendment guarantees defendants the right to confront their accusers and the evidence against them, but the government has an important interest in cases such as these in keeping sources and methods secret. Under CIPA rules, in cases where classified information is used, the government has the option of sharing the information with the defendant, or not using it.
The Bush administration sought to avoid this potential national security threat by resorting to other procedures in which 6th Amendment issues did not arise. But President Obama believes that the model for terrorism cases is the prosecution of the 1993 World Trade Center bombers. Of course a number of those plotters escaped justice (some were found later hiding in Saddam's Iraq, but that's another story). More important, because of the openness of that process, al Qaeda learned a great deal about how to do a much better job next time - and even the classified information from that trial was in Osama bin Laden's hands within weeks.
The terrorists have learned a great deal about conducting legal guerrilla war, using rules like CIPA to their advantage. Notice that more and more terrorists are dismissing their appointed lawyers and representing themselves. This gives them direct access to the classified documents that will be used in evidence against them. In this way they can learn about U.S. intelligence sources and methods - how they were targeted, what information was collected, and who may have been the traitors in their midst. Even if the names of sources are omitted, for example someone who was present at a key planning meeting, the terrorist defendant will know enough about the circumstances to be able to narrow it down. After all, the terrorist is familiar with every aspect of the events; he knows much more about them than the intelligence community.
The alternative to handing over the secrets is for the government to not use the evidence in question. That creates the incongruous situation in which the defense wants to maximize the amount of evidence that implicates them, and the prosecution wants to minimize it. (Our legal system was not designed to accommodate defendants who welcome being put to death.) According to Ms. Burlingame, Obama's answer to this conundrum was "there is no reason we have to give [the terrorists] everything." Evidently the former editor of the Harvard Law Review seems to think that one of his powers as president is personally to pick and choose which constitutional rights apply to terror defendants and which do not. That's the very thing they were criticizing President Bush for.[quote]