The Price of Our Good Name
Americans have watched in horror as President Bush has trampled on the Bill of Rights and the balance of power. The list of abuses that President-elect Barack Obama must address is long: once again require the government to get warrants to eavesdrop on Americans; undo scores of executive orders and bill-signing statements that have undermined the powers of Congress; strip out the unnecessary invasions of privacy embedded in the Patriot Act; block new F.B.I. investigative guidelines straight out of J. Edgar Hoover’s playbook.
Those are not the only disasters Mr. Obama will inherit. He will have to rescue a drowning economy, restore regulatory sanity to the financial markets and extricate the country from an unnecessary war in Iraq so it can focus on a necessary war in Afghanistan.
Even with all those demands, there is one thing Mr. Obama must do quickly to begin to repair this nation’s image and restore its self-respect: announce a plan for closing Mr. Bush’s outlaw prison at Guantánamo Bay.
The prison is the premier example of the disdain shown by Mr. Bush and Vice President Dick Cheney for the Constitution, federal law and international treaties. Most sensible governments cannot see past Guantánamo to even recall America’s long history as a defender of human rights and democratic values.
We are under no illusions. Closing the prison will not be easy, or quick, but it can be done. It does not mean that the United States will set free heinous terrorists. But it may mean that these prisoners will have to be tried on other very serious charges than the ones supposedly for which they were sent to Guantánamo.
That is Mr. Bush’s fault. His decision to authorize the torture of detainees has made it highly unlikely that the evidence collected at Gitmo and the C.I.A.’s illegal prisons around the world would stand up in a real court.
In closing down Guantánamo, there are some basic requirements: The prisoners must be dealt with as openly as possible. Those who are charged here must stand trial in federal courts, not the tribunals created by the disastrous Military Commissions Act of 2006.
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http://www.nytimes.com/2008/11/23/opinion/23sun1-1.html?_r=1&ref=opinion&pagewanted=print