Trump's Plan to Bolster Guantanamo With ISIS

Trump now wants to put any future ISIS detainees at Gitmo.

Here is the draft of his proposed executive order.

Sec. 2. Continuing State of Armed Conflict With Terrorist Groups. The United States remains engaged in an armed conflict with al Qaeda, the Taliban, and associated forces, including individuals and networks associated with the Islamic State.

Sec.3. Military Detention of Aliens at Naval Station Guøntanamo Bay. (a) Subject to further direction from the President and consistent with the requirements of law, the Secretary of Defense shall maintain and continue to use the detention facilities at the U.S. Naval Station Guantánamo Bay, for the detention of enemy combatants captured in the armed conflict described in section 2 of this order, including such individuals captured after the effective date of this order.


It's a risky move. The New York Times reports:

“It raises huge legal risks,” said Jack Goldsmith, a Harvard Law School professor and former senior Justice Department official in the Bush administration. “If a judge says the Sept. 11 authorization does not cover such a detention, it would not only make that detention unlawful, it would weaken the legal basis for the entire war against the Islamic State.”

...any Islamic State detainee at Guantánamo would have legal standing to get a court to rule on the question of whether the group is legitimately part of the war against Al Qaeda.

Another law professor who formerly worked at the Pentagon says:

“If I were in the administration, I would advise that bringing ISIL fighters to Guantánamo raises too many legal risks,” he said. “If a court finds the 2001 statute does not apply to ISIL because of the extraordinarily remote links between ISIL and the original Al Qaeda, then it would put into legal jeopardy the executive branch’s basis for lethal operations as well as detention operations.”

See you in Court, Donald. If you have the attention span, you might try and remember that federal judges, just like the ones you keep bashing on immigration, will decide whether your orders pass constitutional muster.

ISIS is just loving Trump's every move. He's playing right into its hands. In related ISIS news, yesterday ISIS launched a horrible suicide attack in the parking lot outside the Afghan Supreme Court, killing more than 20, 17 of whom were employees of the Supreme Court.

Guantanamo has been the greatest universal symbol for the decline of the image of the United States around the world for the past 14 years. It will now have a rival -- Donald Trump, who is close to making America the laughing stock of the world.

In the Guardian today, a writer says Trump is becoming the laughing stock of the world.

There’s no point in judging Donald Trump by the standards of others. He obviously doesn’t care for ethics, the truth, allies, women or minorities. So let’s judge him on his own terms, shall we?

There are three pillars to the temple that Trump has so carefully built around his most precious possession: himself. One is brand marketing, another is the masquerade of management expertise, and the third is the legal know how that props up the other two.

After just two weeks in the Oval Office, Trump has contrived to destroy his reputation on all three.... It's really hard to intimidate the world – and all its judges – when you’ve grown into its laughing stock.

The world knows this emperor has no clothes. He sits alone in his bathrobe in the executive mansion, watching cable television, tweeting his anger at a Constitution designed to thwart him.

Donald Trump. Bringing more shame to America. FAIL.

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    by desertswine on Wed Feb 08, 2017 at 05:53:51 PM EST