Argument: Difficulty closing Guantanamo is fault of Bush for creating it
"The price of our good name". New York Times (Editorial). November 23, 2008 - The Jawad case has become emblematic of everything that is wrong with Guantanamo Bay: he was captured in Afghanistan at the age of 16 or 17 and thrown into indefinite detention without hope of eventual release because he allegedly threw a grenade at two American servicemen and an Afghan interpreter. The prosecutor resigned in September, saying he could not ethically proceed, and the judge threw out Mr. Jawad's confession because it had been tortured out of him by Afghan interrogators.
Does this mean that truly dangerous men will be set free, to go back to plotting more attacks against America? No. But it will require smart legal thinking by the new administration.
Take the case of Khalid Sheikh Mohammed. It is obvious that the confession he made to plotting the 9/11 bombings will not hold up in court. It was obtained through torture. But this prisoner is a suspect in numerous other terrorist attacks, including the murder of the journalist Daniel Pearl and the attack on the U.S.S. Cole. There is an existing 1996 indictment against him for a plot to blow up 12 United States-bound commercial airliners. The evidence in that case was obtained, we presume, legally.
It may be that compromises of this kind will have to be made in other cases as well. It is understandable that some Americans will find that less than satisfying. But it is important to remember that this is the price of Mr. Bush's incompetent and lawless conduct of the war against terrorism. It is a price worth paying to restore the rule of law and this country's good name.