Obama and his attempt to close the Guantanamo Detention Facility

Americans now realized that President Obama is adverse to the rule of law except when the law advances his preset radical inclinations. In Obama’s zealot quest to close the Guantanamo Detention Facility, he has chosen gamesmanship with Congress instead of the security of the United States.

President Obama today signaled his intent to close Gitmo and transfer many of the highly valued terrorist detainees to the shores of the United States currently prohibited by law under the National Defense Authorization Act. Obama’s closure plan is a ruse to justify his true intention of going around Congress by Executive Action when negotiations fail to approve his request. Using Executive Action will be a breach of existing statutory law and Obama will position military officers in legal jeopardy if they obey Obama to close Gitmo. The Uniform Code of Military Justice requires a duty to disobey an “Unlawful Order.”

For Obama, the closure of Gitmo is substantially more than a mere election year promise. In the radical prism of Obama’s delusional mind, he sees a myopic American history rooted in the legacy of imperialism and subjugation. In his flaw character, the existence of Gitmo undermines his lofty socialistic values and diminishes his effort to be the world community organizer. Obama stated that keeping Guantanamo open is “contrary to our values,” when in truth, its Obama’s Leninist values that are contrary to our American values.

A bully always preys upon the weak as evidence by Obama’s fights with Congress over the last seven years. Obama recoils at any notion of being characterized as a lame duck President. Neutered Republican Congressional leaders surrendered their dignity and the authority of Congress by their constant acquiesces in feared of Obama and the liberal media. A euphoric Obama triumphed over a conquered and dormant Republican leadership in Congress. Without an equal contestant, Obama is liberated from the normal restraints of a constitutional government and free from reprisals. Forging ahead, an unwavering Obama eagerly is preparing to pounce on his adversaries in Congress on both the Supreme Court nomination and the closure of Gitmo to hammer the Congress into submission of his will. If Congress will not bend to his obedience, Obama is determined to run roughshod over Congress without hesitation or trepidation.

The silent majority of Americans are accustomed to Obama’s abuses of power and they have twice overwhelmingly elected Republican majorities to Congress to stamp out or at least impede Obama’s flagrant abuses of Presidential authority. Shockingly, the entrenched Republican establishment repudiated the voters clear mandate. Astonishingly, these out-of-touch political professionals viciously turned on their own base while simultaneously, they continued to cave to Obama’s socialist transformation of America. The seething betrayal of Americans by elected Republicans has rocked the nation in the current election season. Republican leadership, possessing little back bone, are prone to knell before the almighty Obama. It is the failure of the Republican establishment that has emboldened Obama and provided him the avenue to transform American laws, culture, and morality from sea to shiny shore.

Obama Gitmo strategy is running down a tortured path. On November 18, 2015 Loretta Lynch, US Attorney General acknowledged previously to Congress that the “Law does not allow Gitmo detainees in the US.” In a February 16, 2016 article by Michael Shapiro, he reported that the Director of the Joint Chiefs of Staff, Lt. General William Mayville Jr., wrote to the US House of Representatives a week earlier and stated: “Current law prohibits the use of funds to ‘transfer, release or assist in the transfer or release’ of detainees of Guantanamo Bay to or within the United States, and prohibits the construction, modification or acquisition of any facility within the United States to house any Guantanamo detainee. The Joint Staff will not take any action contrary to those restrictions.”

In a rare moment of fortitude, the US House Speaker Paul Ryan, on Feb 23, 2016, articulated the House position in his press release that said; “After seven years, President Obama has yet to convince the American people that moving Guantanamo terrorists to our homeland is smart or safe. And he doesn’t seem interested in continuing to try. His proposal fails to provide critical details required by law, including the exact cost and location of an alternate detention facility. Congress has left no room for confusion. It is against the law—and it will stay against the law—to transfer terrorist detainees to American soil. We will not jeopardize our national security over a campaign promise.”

Clearly Obama is prohibited by law to close Gitmo. What then is Obama’s rational for closing Gitmo? Obama’s world views and experience has not developed and matured since his inauguration. Obama premise that Gitmo is a symbol used by terrorist as a recruitment tool has been repudiated by time. ISIS is rapidly expanding without any fanfare over Gitmo detainees. Obama argues that the detainees be tried by our American Justice System and incarcerated in our penal system. Terrorist are by law enemy combatants, not criminals. As such, they are historically tried by a military tribunal and held as prisoners of war until the cessation of hostilities. The war on terrorism has expanded to other continents and the resident Gitmo detainees are all hard core terrorist that pose a certain threat to our national security if released. Therefore, the necessity for a central location to hold high risk detainees for interrogation and incarceration remains critical to our national security posture.

By what criteria in law does Obama seek to justify his Executive Order in the context of his role as Commander-in-Chief? As noted by the US Attorney General, the Joint Chiefs of Staff, and the US House Speaker, the prohibition of spending funds to close Guantanamo is firm. Obama acts as a totalitarian unilaterally anointing himself a regal authority. Obama is a pure narcissist with a passionate penchant for persecuting his personal enemies, not those despicable foreign adversaries who threaten the United States. Obama will never be held accountable for his abuses of power. Any orders received from Obama to his military subordinates to close Gitmo should be answered with a respectful, “No Sir, that is an unlawful order and I will not obey.”

President Obama is scheduled to fly to Cuba to hold discussions with the notorious Castro brothers next week. Americans earlier witness Obama sell the store in his nuclear deal with Iran. Americans will hold their breath when Obama visits Cuba and pray that he does not act so brazenly in his lust for power and egotism that he offers the return of Gitmo over to Cuba without Congressional approval.

Guantanamo Bay Cuba and our Detention Facility are critical assets to our national security in the war of terror. If Obama should attempt to return Guantanamo Bay Cuba back to the Cuban Government without Congressional authorization, he will once again break his oath of office to defend America against all enemies foreign and domestic and the laws passed by Congress that he swore an oath to uphold. Stay tuned.

About the Author

Colonel Steven B. Vitali USMC (Ret) - Military Affairs Writer - Colonel Vitali is a retired Marine Corps Colonel. He graduated from the University of South Carolina with a Master's Degree in Public Administration. Colonel Vitali joined the United States Marine Corps on 3 March 1973 and was commissioned a 2nd Lieutenant in December 1976. He retired from the Marine Corps in July 2008. During Colonel Vitali's military career, he served in Afghanistan as the Senior Advisor to the 201st Afghan National Army Corps and served in Iraq as the Assistant Chief of Staff, Base Support Operations, II Marine Expeditionary Force Fwd.

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