Guantánamo comes home

Instead of closing Guantánamo, Obama has brought its shameful disregard for human rights on to the h

Instead of closing Guantánamo, Obama has brought its shameful disregard for human rights on to the home turf.

It was cold but that didn't matter. Strings of coloured lights still dangled between lamp posts and for progressives across the world, Christmas was far from over. On 22 January 2009, just two days after taking office, Barack Obama issued an executive order that committed the White House to closing the Guantánamo Bay detention facility within a year. "We are going to win this fight. We are going to win it on our terms," he said, and many of us believed him. The US president seemed once and for all to be ushering in a new morning for America, which, unlike Ronald Reagan's false dawn 25 years earlier, would see the country truly becoming "prouder, stronger [and] better". Sam Stein of the Huffington Post predicted that the "blotch on America's image abroad" would soon be wiped clean. Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch, said: "With the stroke of a pen, President Obama will make great progress toward restoring America's moral authority." How wrong they were.

I cite Reagan because he, more than any other US president, seemed to lay the groundwork for the nightmare of the George W Bush years. Reagan gave the international community - if such a community can be said to exist - a taste of what was to come in 1983, when he sent troops to the Caribbean island of Grenada following a coup. He called Grenada a "Soviet-Cuban beachhead" and justified the invasion of the tiny country (with a population of about 100,000) by invoking the major paranoia of those years: the red threat. When the United Nations condemned Reagan's "intervention" as "a flagrant violation of international law", he was unmoved. The president responded to the criticism with a tasteless quip: "It didn't upset my breakfast at all." The UN tried to pass a motion deploring the invasion but the US simply vetoed it. In 2002, Bush would cement this arrogant, dismissive attitude to international consensus and law with his national security strategy.

By moving to scrap Guantánamo Bay so soon after coming to power, Obama reassured his supporters, both within and outside America, that a dark chapter of US history was coming to an end. It was a powerful symbolic gesture that suggested that the rule of international law would be heeded once more by the White House. As the second anniversary of the Cuban camp's "final closure" date nears, however, some 170 prisoners remain imprisoned there. Eight inmates have died at Guantánamo since 2002. Two years ago, Dick Cheney claimed that the detainees were the "worst of the worst" and that the "only other option" to their unlawful incarceration was "to kill them" - yet, of the 770 held, more than 550 have been freed without charge. What's worse, over half of those still languishing in the camp's degrading conditions have already been cleared for release.

As we know now, Obama was and evidently is no cure for the US's addiction to rough "justice". I am convinced that his intentions remain noble; yet an administration must be judged not by its hopes alone (no matter how audacious) but by its actions and by what happens under its watch. In May, when Osama Bin Laden was executed by a team of commandos who had no intention of acting within internationally agreed legal protocols (even their presence in Pakistan was a violation of the country's sovereign territory), Obama confirmed that little has changed when it comes to American foreign policy. His vastly increased use of drone attacks, meanwhile, has led to the deaths of twice as many suspected al-Qaeda and Taliban members as Bush imprisoned at Guantánamo Bay.

On Thursday, the Senate passed the National Defence Authorisation Act for Fiscal Year 2012 (NDAA), which, in effect, formalises the right of the military to arrest and indefinitely detain alleged terrorist operatives without trial, including US citizens. Obama was against the bill and the White House was expected to veto it; but, after what the lawyer Wendy Kaminer in the Atlantic called "cosmetic efforts to obscure the bill's threat to American[s]", the president signed it off.

The ambiguities of the NDAA's phrasing, as well as the broadness of what constitutes a suspected terrorist, has raised alarm on both sides of the political spectrum - Tea Partiers such as Rand Paul have bemoaned its passage in terms not dissimilar from those of Amnesty International and Human Rights Watch. "The rights we lose now may never be restored," said Rand. "We could see American citizens being sent to Guantánamo Bay." Tom Parker, policy director of counterterrorism and human rights at Amnesty International USA, said on 15 December: "The NDAA provides a framework for 'normalising' indefinite detention and making Guantánamo a permanent feature of American life."

So much for the promise of 2009. Bush gleefully fashioned the US as a rogue state, publicly celebrating its illegal wars in a way that would probably have made even Reagan blush. Obama, for all his evident unease at the country's continued moral decline, has become the first president since the McCarthy era to pass indefinite detention legislation. Instead of closing Guantánamo, he has brought its shameful disregard for human rights on to the home turf.

Photograph: Getty Images

Yo Zushi is a sub-editor of the New Statesman. His work as a musician is released by Eidola Records.

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US election 2016: Trump threatens to deny democracy

When asked if he would accept the result of the election, the reality TV star said that he would have to “keep you in suspense.”

During this insane bad-acid-trip of an election campaign I have overused the phrase “let that sink in.”

There have been at least two dozen moments in the last 18 months which I have felt warranted a moment of horrified contemplation, a moment to sit and internalise the insanity of what is happening. That time a candidate for president brought up his penis size in a primary election debate, for one.

But there was a debate last night, and one of the protagonists threatened to undermine democracy in the United States of America, which throws the rest of this bizarre campaign into stark relief.

It was the third and final clash between an experienced if arguably politically problematic former senator and secretary of state – Hillary Clinton –  and a reality TV star accused of a growing number of sexual assaults – Donald Trump – but the tone and content of the debate mattered less than what the latter said at one key, illuminating moment.

That statement was this: asked if he would accept the result of the election, Donald Trump said that he was going to “look at it at the time,” and that he would have to “keep you in suspense.”

If your jaw just hit the floor, you have responded correctly. The candidate for the party of Lincoln, the party of Reagan, the party of Teddy Roosevelt, declined to uphold the most fundamental keystone of American democracy, which is to say, the peaceful transition of power.

Let that sink in. Let it sit; let it brew like hot, stewed tea.

This election has been historic in a vast number of ways, most important of which is that it will be, if current polling is to be believed, the election which will bring America's first female president to the White House, almost a century after women's suffrage was enabled by the 19th amendment to the constitution in August 1920.

If the last near-century for women in America has been a journey inexorably towards this moment, slowly chipping away at glass ceiling after glass ceiling, like the progression of some hellish video game, then Donald Trump is as fitting a final boss as it could be possible to imagine.

For Trump, this third and final debate in Las Vegas was do-or-die. His challenge was near-insurmountable for even a person with a first-class intellect, which Trump does not appear to possess, to face. First, he needed to speak in such a way as to defend his indefensible outbursts about women, not to mention the increasing number of allegations of actual sexual assault, claims backstopped by his own on-tape boasting of theoretical sexual assault released last month.

This, he failed to do, alleging instead that the growing number of sexual assault allegations against him are being fabricated and orchestrated by Clinton's campaign, which he called “sleazy”, at one point to actual laughs from the debate audience.

But he also needed to reach out to moderates, voters outside his base, voters who are not electrified by dog-whistle racism and lumbering misogyny. He tried to do this, using the Wikileaks dump of emails between Democratic party operators as a weapon. But that weapon is fatally limited, because ultimately not much is in the Wikileaks email dumps, really, except some slightly bitchy snark of the kind anyone on earth's emails would have and one hell of a recipe for risotto.

In the debate, moderator Chris Wallace admirably held the candidates to a largely more substantive, policy-driven debate than the two previous offerings – a fact made all the more notable considering that he was the only moderator of the three debates to come from Fox News – and predictably Trump floundered in the area of policy, choosing instead to fall back on old favourites like his lean-into-the-mic trick, which he used at one point to mutter “nasty woman” at Clinton like she'd just cut him off in traffic.

Trump was more subdued than the bombastic lummox to which the American media-consuming public have become accustomed, as if his new campaign manager Kellyanne Conway had dropped a couple of Xanax into his glass of water before he went on stage. He even successfully managed to grasp at some actual Republican talking-points – abortion, most notably – like a puppy who has been semi-successfully trained not to make a mess on the carpet.

He also hit his own favourite campaign notes, especially his opposition to the North American Free Trade Agreement (NAFTA) - but ultimately his intrinsic Donald Trumpiness couldn't stop itself from blazing through.

Remember the Republican primary debate when Trump refused to say that he would accept the party's nominee if it wasn't him? Well, he did it again: except this time, the pledge he refused to take wasn't an internal party matter; it was two centuries of American democratic tradition chucked out of the window like a spent cigarette. A pledge to potentially ignore the result of an election, given teeth by weeks of paranoiac ramblings about voter fraud and rigged election systems, setting America up for civil unrest and catastrophe, driving wedges into the cracks of a national discourse already strained with unprecedented polarisation and spite.

Let it, for what is hopefully just one final time, sink in.

Nicky Woolf is a writer for the Guardian based in the US. He tweets @NickyWoolf.