Obama conceded that some would end up in U.S. prisons and insisted those facilities were tough enough to house even the most dangerous inmates.
The president spoke one day after the Senate voted resoundingly to deny him money to close the prison in Cuba, but Obama said he was still determined. And he decried arguments used against his plans.
"We will be ill-served by the fearmongering that emerges whenever we discuss this issue," he declared.
"There are no neat or easy answers here," Obama said in a speech in which he pledged anew to "clean up the mess at Guantanamo." Speaking at the National Archives, Obama said he wouldn't do anything to endanger the American people.
He noted that roughly 500 detainees already have been released by the Bush administration. There are 240 at Guantanamo now.
Obama said opening and continuing the military prison "set back the moral authority that is America's strongest currency in the world."
Obama spoke in front of a copy of the Constitution, to members of the Judge Advocate General's Corps, diplomatic, policy and development officials and representatives of civil liberties groups.
"I can tell you that the wrong answer is to pretend like this problem will go away if we maintain an unsustainable status quo," Obama said. "As president, I refuse to allow this problem to fester. Our security interests won't permit it. Our courts won't allow it. And neither should our conscience."
Obama said his administration was in the process of studying each of the remaining Guantanamo detainees "to determine the appropriate policies for dealing with them."
"Nobody has ever escaped from one of our `supermax' prisons which hold hundreds of convicted terrorists," Obama said.
Obama disclosed that administration lawyers had approved 50 detainees at Guantanamo for transfer to other countries.
Even so, it was not clear how many countries were prepared to take them.
Obama used the speech as an effort to try to retake the initiative on the matter. He spoke a day after the Senate, at the behest of majority Democrats, followed the lead of the House and voted decisively to deny his request for $80 million to close the prison. Lawmakers said they would block the funds until he gave a more detailed accounting of what would happen to the detainees.
He sought to do that in his speech, but stopped short of offering a clear answer on the key question of what to do with detainees who won't be tried for war crimes but are likely to be held indefinitely.
He described this group as those "who cannot be prosecuted yet who pose a clear danger to the American people."
"I want to be honest: this is the toughest issue we will face," Obama said.
He said that the his administration would "exhaust every avenue that we have" to prosecute detainees but there would still be some left "who cannot be prosecuted for past crimes" yet remain a threat.
Among these, he said, are prisoners who have expressed allegiance to Osama bin Laden "or otherwise made it clear they want to kill Americans."
"So going forward, my administration will work with Congress to develop an appropriate legal regime" to handle such detainees "so that our efforts are consistent with our values and our Constitution."
Obama criticized what he said was an effort to politicize the issue.
"I know that the politics in Congress will be difficult. These issues are fodder for 30-second commercials and direct mail pieces that are designed to frighten. I get it. But if we continue to make decisions from within a climate of fear, we will make more mistakes," he said.
Obama said he had no intention of looking back and "relitigating the policies" of the Bush administration.
But at the same time, he strongly criticized former President George W. Bush's actions. "Our government made decisions based upon fear rather than foresight and all too often trimmed facts and evidence to fit ideological predispositions," he said.
"In other words, we went off course."
The president again rejected the idea of an independent commission that would investigate the whole range of national security issues under the Bush administration.
"I recognize that many still have a strong desire to focus on the past. When it comes to the actions of the last eight years, some Americans are angry; others want to re-fight debates that have been settled, most clearly at the ballot box in November," Obama said.
"I know that these debates lead directly to a call for a fuller accounting, perhaps through an independent commission," he said. But he insisted that "our existing democratic institutions are strong enough to deliver accountability."
"We will be ill-served by the fearmongering that emerges whenever we discuss this issue," Obama declared.
http://accesswdun.com/article/2009/5/220567