[Congressional Record Volume 155, Number 13 (Thursday, January 22, 2009)]
[Senate]
[Pages S780-S781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE ORDERS
Mr. KERRY. Mr. President, today is a very significant day for the
rule of law in the United States of America, and a powerful statement
that the United States again stands for the time-honored principles and
values that have made us a beacon to the world.
This morning, the President of the United States signed Executive
orders ordering the closure of Guantanamo Bay prison within a year;
suspending all military commissions at Guantanamo Bay; closing secret
third-country prisons; and placing interrogation in all American
facilities for all U.S. personnel under the guidelines of the Army
Field Manual.
In a season of transformational changes, these are among the most
profoundly meaningful because they will sustain the long-term health of
the most cherished ideals of our Republic: respect for the rule of law,
individual rights, and American moral leadership.
The threat our Nation faces from terrorism is all too real. And we
should all agree that sometimes, in the name of national security, it
is necessary to make difficult ethical decisions to protect the
American people.
However, I believe that the use of torture and indefinite detention
have not only tarnished our honor but also diminished our security. In
this global counterinsurgency effort against al Qaida and its allies,
too often our means have undercut our efforts against extremism. In
this struggle, the people are the center of gravity. And too often we
have wasted one of the best weapons we have in our arsenal: the
legitimacy we wield when we exercise our moral authority.
Efforts to justify, explain away, or endorse the use of torture have
played directly into a central tenet of al Qaida's recruiting pitch:
that everyday Muslims across the world have something to fear from the
United States of America. From Morocco to Malaysia, people regularly
hear stories of torture and suicide at Abu Ghraib, Guantanamo, and
other overseas prisons. The result has been a major blow to our
credibility worldwide, particularly where we need it most: in the
Muslim world.
Torture and lawlessness are not easily contained. Once the strictures
are loosened, the corner-cutting practices spread. The Pentagon used
high-level Guantanamo detainees to test coercive interrogation
techniques, but such techniques eventually found their way to low-level
detainees at Abu Ghraib prison in Iraq. While images of Abu Ghraib have
long faded from American minds and media, they remain fixtures, years
later, across the Arab and Muslim world.
As Senator McCain has argued, the use of techniques like
waterboarding--invented in the Spanish Inquisition and prosecuted by
the American Government as a Japanese war crime after World War II--
leaves its scars on a democratic society as well. Torture, which
flourishes in the shadows, depends on lies--not just from those who
seek to avoid torture, but from those who seek to conceal it. After
years of Orwellian denials and legalistic parsing, what a relief it was
to hear our new Attorney General-designee Eric Holder finally
acknowledge on behalf of the United States Government what we all know
to be true: that yes, ``waterboarding is torture.''
As we move forward, President Obama is wise to ``reject as false the
choice between our safety and our ideals''--but moving beyond this
framework does not mean that this administration will not face real and
difficult choices about how best to keep Americans safe while honoring
our values.
The American people should know that closing Guantanamo will not be
easy. Conceived to be outside law, reclaiming the prison and its
inhabitants
[[Page S781]]
into our legal system from what Vice President Cheney called ``the dark
side'' will be an enormous challenge and a thicket of thorny legal and
policy issues.
However, we are already seeing the international system reorganize
itself around an America that is willing to be a moral leader.
Countries such as Portugal and Ireland have made welcome offers to join
Albania in resettling detainees who cannot be returned to their home
countries. Already we are seeing the fruits of a good-faith effort with
our allies.
Still, it will take time and effort to overcome numerous hurdles. The
new administration faces tough challenges handed over from the previous
administration. Looming questions must be addressed about the
inadmissibility of evidence improperly coerced. It is difficult or
impossible in some cases to return detainees--including many cleared
for departure--who would face torture or worse in their home countries;
and we already know that some released from Guantanamo have returned to
the battlefield. In some cases we simply lack evidence to charge men we
know to be extremely dangerous and threatening to the American people.
And we owe it to those we believe made grave mistakes to acknowledge
the urgency of the moment they inherited, the sacred responsibility to
protect American lives, which they strove to honor, and the humbling
reality that there are no easy answers when it comes to such life-and-
death matters.
But the American story is one of perfectibility and striving for
ever-greater fidelity to our ideals--it is a journey from Colony to
Republic, from slavery to freedom, from sexism to suffrage, from stark
poverty to shared prosperity. The President himself famously said,
``the union may never be perfect, but generation after generation has
shown that it can always be perfected.''
It is true that today we face unprecedented, unorthodox, and vastly
destructive enemies that respect neither borders nor rules of war. But
it is equally true that we have done so before. This is not the first
new challenge America has evolved to meet. Sometimes that evolution
requires us to admit mistakes, learn from them and grow as a nation.
Our progress in response to new threats and new fears has been halting
but real, and our setbacks have always been followed by a strong
corrective impulse. The desire to do better has always been a core part
of America's greatness.
Today Barack Obama and his administration wrote a new chapter in that
old story. I commend them and look forward to helping them make good on
their goals, keep Americans safe, and usher in a new era of America's
moral leadership.
Today's Executive orders were a promising sign of things to come--
America will again honor the values that make us strong.
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