Guantanamo Lawyers for Obama

Back in October, John Hutson, former Judge Advocate General and Dean of Franklin Pierce Law School, changed his registration to vote in the New Hampshire Democratic primary and endorsed Barack Obama.  Hutson, a life-long Republican, had grown increasingly frustrated with the Bush administration's treatment of detainees at Guantanamo Bay.

"We fight wars to uphold the rule of law," he said in 2004, "but then we don't uphold the rule of law in our conduct of the war."  Hutson eventually becoming a key leader among former military officials pushing back against Bush policies on Guantanamo Bay and torture, worried about the precedent it would set for future conflicts.  

"We are running the risk," Hutson said in announcing his endorsement of Barack Obama, "of historians looking back on the first few years of the 21st century and saying 'That's where America came off the rails, that's where we began to be the next former world power.'" Obama, Hutson argued, would be the candidate best able to bring about the changes we need.

And then on Monday, more than eighty attorneys volunteering their time on behalf of detainees at Guantanamo Bay collectively endorsed Obama for President:

The writ of habeas corpus dates to the Magna Carta, and was enshrined by the Founders in our Constitution. The Administration's attack on habeas corpus rights is dangerous and wrong. America needs a President who will not triangulate this issue. We need a President who will restore the rule of law, demonstrate our commitment to human rights, and repair our reputation in the world community. Based on our work with him, we are convinced that Senator Obama can do this because he truly feels these issues "in his bones."

We should accept nothing less than the utmost clarity and forcefulness when it comes to restoring the rule of law, ending for good our current administration's policy of tolerating torture, and rejecting the illegal detention of hundreds in Guantanamo Bay, Cuba.  

Among the signatures on the letter were:

Washington lawyer Thomas Wilner, retired federal appeals court judge John Gibbons, Center for Constitutional Rights president Michael Ratner, and retired Rear Admiral Donald Guter, who was the Navy's top JAG officer from 2000 to 2002 and who is now the dean of the Duquesne University School of Law in Pittsburgh.

The group of lawyers felt moved to make an endorsement after hearing months of talk on the campaign trail that Obama had not acted during his time in the United States Senate:

When others stood back, Senator Obama helped lead the fight in the Senate against the Administration's efforts in the Fall of 2006 to strip the courts of jurisdiction, and when we were walking the halls of the Capitol trying to win over enough Senators to beat back the Administration's bill, Senator Obama made his key staffers and even his offices available to help us.

Senator Obama worked with us to count the votes, and he personally lobbied colleagues who worried about the political ramifications of voting to preserve habeas corpus for the men held at Guantanamo. He has understood that our strength as a nation stems from our commitment to our core values, and that we are strong enough to protect both our security and those values. Senator Obama demonstrated real leadership then and since, continuing to raise Guantanamo and habeas corpus in his speeches and in the debates.

When others were reluctant and cautious at taking on the fight, Obama stepped up, working with attorneys behind the scenes to organize opposition.  Despite their efforts, the Military Commissions Act of 2006 passed.  The Boston Globe writes:

The constitutionality of that law, which was part of the Military Commissions Act, is now being challenged before the Supreme Court in one of the most closely-watched cases this term.

As president, Obama would be a fierce advocate for restoring our civil liberties and carry with him that respect for human dignity that should underpin every decision made in the White House.

Indeed, one of the trademarks of Obama's time in the US Senate was his early alliance with Samantha Power, one of the most forceful advocates in academia for humanitarian intervention in refugee crises and genocides around the world, and whose brilliant book, A Problem from Hell: America and the Age of Genocide documented a century of our government's studied indifference to human rights violations around the world.

As many of the foreign policy experts who opposed the war in Iraq have gathered around Obama's candidacy, so too have legal experts eager to turn the page on the Bush administration.

A small postscript: This week, a fourteen-year-old DailyKos blogger from Minnesota, Populista, organized a netroots-wide fundraising drive for Obama's campaign.  Amazingly, he's already managed to raise $25,000.  If you like this diary, I encourage you to donate to his effort here.



Display:


Re: Guantanamo Lawyers for Obama (2.00 / 1)

as a guantanamo lawyer - i can just say, this isnt universal


vote blue in 2008
by sepulvedaj3 on Wed Jan 30, 2008 at 07:11:26 PM EST

Re: Guantanamo Lawyers for Obama (none / 0)

These guys great though they are fit Obama's demographic to a t. Upscale, ultra liberal, well educated high income whites. In a minute you'll really surprise me and tell me most vets support John McCain.  


by ottovbvs on Wed Jan 30, 2008 at 07:13:36 PM EST

Re: Guantanamo Lawyers for Obama (none / 0)

Ummm ultra liberal?

The first person quoted in the piece is a life long republican. Upholding the rule of law is not a liberal ideal; it is a human one.


Oh Mammy Dear, we're all mad over here livin' in America
by JDF on Wed Jan 30, 2008 at 07:40:30 PM EST
[ Parent ]

Great post Peter (2.00 / 1)

And thanks for mentioning the Obamathon.


"Live your beliefs and you can turn the world around." --Thoreau
by Populista on Wed Jan 30, 2008 at 07:13:53 PM EST

Re: Guantanamo Lawyers for Obama (2.00 / 1)

Great post.  The Civil Rights Lawyer/Constitutional Law Professor part of his resume can not be stressed enough.


by Piuma on Wed Jan 30, 2008 at 07:19:57 PM EST

not a civil rights lawyer nor a con law prof (none / 0)

Obama called himself a "real estate lawyer" (which is what he was, representing slumlords), before he decided that "civil rights lawyer" sounded better on his resume.

Nor is Obama a "constitutional law professor." He is a "lecturer," not a professor. And this is not mereley a technical distinction. Obama is not a scholar of constitutional law at all. He has written no academic or scholarly books or articles in this, or any other, field. The only publications he has to his name are his two shamelessly self-promotional auto-hagiographies.

So, I find it amusing that you think these two resume fibs "cannot be stressed enough."


by freemansfarm on Wed Jan 30, 2008 at 08:17:31 PM EST
[ Parent ]

Re: not a civil rights lawyer nor a con law prof (2.00 / 1)

You have no idea what you're talking about.

http://www.iht.com/articles/ap/2007/02/2 0/america/NA-POL-US-Obama-Attorney-at-La w.php


by DPW on Wed Jan 30, 2008 at 09:31:43 PM EST
[ Parent ]

mostly real estate (none / 0)

Yes, Obama worked on a few, highly publicized cases arguably involving civil rights, but the bulk of his practice was real estate law.

And, I noticed you had nothing to say in favor of the spurious claim that he is a "constitutional law professor."


by freemansfarm on Wed Jan 30, 2008 at 09:35:24 PM EST
[ Parent ]

Re: mostly real estate (none / 0)

He wasn't a tenure-track professor, no. But, I actually met Cass Sunstein two Saturdays ago (he was down in Charleston to help with volunteers)--a very prominent conlaw prof. who worked with Obama at Univ. of Chicago--and he spent some time speaking very favorably about Obama's skill as an attorney and teacher (with very detailed examples, including a story about Obama calling him up randomly years ago and explaining weaknesses regarding a position he [Sunstein] had taken on the NSA).

Indeed, Sunstein was knocking on doors in the snow in IA for the guy. I'll take his opinion of Obama's seriousness as a lawyer over yours.


by DPW on Wed Jan 30, 2008 at 09:47:32 PM EST
[ Parent ]

Your heartwarming story. . . (none / 0)

. . .proves nothing. I said he is not a "professor," and he isn't one. That one of his colleagues has a high opinion of him is all well and good, but it doesn't change the facts.


by freemansfarm on Wed Jan 30, 2008 at 09:52:02 PM EST
[ Parent ]

Re: Your heartwarming story. . . (none / 0)

You also said that he called himself a "real estate lawyer." Provide some kind of source for this claim.


by DPW on Wed Jan 30, 2008 at 09:58:54 PM EST
[ Parent ]

Real estate (none / 0)

Obama told the Sun Times in 1998 that he specialized in "in civil rights litigation, real estate financing, acquisition, construction and/or redevelopment of low-and moderate income housing." Obviously, the bulk of his practice was real estate. That's what paid the bills. In any event, what do you think Obama was doing for Rezko, "civil rights" work?


by freemansfarm on Wed Jan 30, 2008 at 10:05:34 PM EST
[ Parent ]

Re: Real estate (none / 0)

Um. Getting housing for low and moderate income people is a bad thing? Oy.


by illlaw1 on Wed Jan 30, 2008 at 10:45:22 PM EST
[ Parent ]

Obama was never Rezko's lawyer. (none / 0)


One Million Strong --- Join up
by psericks on Thu Jan 31, 2008 at 05:51:54 AM EST
[ Parent ]

Re: Your heartwarming story. . . (none / 0)

He doesn't appear to have called himself a "real estate lawyer".


by illlaw1 on Wed Jan 30, 2008 at 10:48:33 PM EST
[ Parent ]

Re: Your heartwarming story. . . (none / 0)

How do you know what his job was classified as?


by illlaw1 on Wed Jan 30, 2008 at 10:45:50 PM EST
[ Parent ]

Re: mostly real estate (none / 0)

How do you know what the bulk of his practice consisted of?


by illlaw1 on Wed Jan 30, 2008 at 10:44:20 PM EST
[ Parent ]

Re: I'm Not Sure I Get Your Point Here... (none / 0)

I mean, exactly how many lawyers who are Republicans are switching to vote for Obama? 10? 15?

What is supposed to be the significance here? That Republicans have switched parties, or that there are some Guantanamo lawyers who are supporting Obama?

There are a host of attorneys supporting Clinton. And, there are a host of retired military officers who have switched parties and are supporting Hillary Clinton.

So, what's the significance of this announcement?


"I never give them hell. I just tell the truth and they think it's hell." Harry S Truman
by Tennessean on Wed Jan 30, 2008 at 07:35:05 PM EST

Re: I'm Not Sure I Get Your Point Here... (2.00 / 1)

The significance is that these people are experts in regards to the goings on at Guantanamo and on the Bush administrations stance on torture. They not only know more than the average person but are also in a better position to know how best to fight back. They have informed and expert opinion and are placing their faith in Obama to be the best candidate to turn things around...

that doesn't sound meaningful to you?


Oh Mammy Dear, we're all mad over here livin' in America
by JDF on Wed Jan 30, 2008 at 07:43:00 PM EST
[ Parent ]

Re: I'm Not Sure I Get Your Point Here... (none / 0)

again - not all of em.

Nothing is going to happen with the guantanamo detainees until Bismullah and Boumediene are decided by the Supreme Court.


vote blue in 2008
by sepulvedaj3 on Wed Jan 30, 2008 at 07:53:01 PM EST
[ Parent ]

Re: I'm Not Sure I Get Your Point Here... (none / 0)

I think it is clear that not "everyone" from any one group supports anyone candidate. But thank you for reminding us...


Oh Mammy Dear, we're all mad over here livin' in America
by JDF on Wed Jan 30, 2008 at 08:14:29 PM EST
[ Parent ]

Re: I'm Not Sure I Get Your Point Here... (none / 0)

I agree, Tennessean.

There seems to be a lot of anti-Hillary sentiments out in the press. This is an example of that.

Hillary has tons of attorneys supporting her campaign. The press just doesn't give that the headlines that Obama has.

This is just like what happened in South Carolina. Obama plays the race card and the Clintons get blamed for it.


"For 15 years I have stood up against the right-wing machine and I've come out stronger." ~Hillary Clinton
by EightMoreYears on Wed Jan 30, 2008 at 07:55:26 PM EST
[ Parent ]

I'm puzzled by this comment. (none / 0)

This isn't about how many lawyers endorsed which candidate.

This is about a group of eighty defense attorneys specifically volunteering their time to defend Guantanamo inmates deciding that Obama was the candidate who would best help their side.


One Million Strong --- Join up
by psericks on Thu Jan 31, 2008 at 05:55:28 AM EST
[ Parent ]

Re: I'm Not Sure I Get Your Point Here... (none / 0)

That he took an exceptionally brave stand which was not going to be popular, but was essential to the preservation of a 900 year old right.  These are the people on the front lines and they know what he did for the fight.


by Drummond on Wed Jan 30, 2008 at 08:20:38 PM EST
[ Parent ]

Re: Guantanamo Lawyers for Obama (none / 0)

This is a very meaningful endorsement for me.  It puts Obama squarely on the right side of a politically risky issue.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Wed Jan 30, 2008 at 08:00:39 PM EST

Re: Guantanamo Lawyers for Obama (none / 0)

This may be a winning argument with primary voters and the blogosphere, but this is not a winning argument with the American people.  Not many people around the country believe that there is a whole-sale attempt at denying "alleged" criminals their civil rights in court.  Most main-stream Americans see a few hundred scumbags being detained outside the country in a very humane way.  That's right, even Dick Durbin, a huge critic of Gitmo softened his stance after he visited the site and saw how are soldiers jump through hoops to provide for these detainees.

Our Constitution says nothing about conferring rights to enemy combatants and these lawyers would set a terrible precedent of conducting wars through the courts.

I reiterate that this feigned outrage will not sell with the general public, and in my opinion, shouldn't sell.  We have to demonstrate that we are ready to protect the American people and this does not help us.


by KensUSA on Wed Jan 30, 2008 at 08:08:27 PM EST

Re: Guantanamo Lawyers for Obama (none / 0)

It shows he's principled.  Habeas corpus is a human right with at least 900 years of recognition.  Whether it sells in an election, it's indicative of deep character.  He's somebody who will preserve fundamental rights even when it's not politically popular - as you yourself point out.


by Drummond on Wed Jan 30, 2008 at 08:23:10 PM EST
[ Parent ]

Re: Guantanamo Lawyers for Obama (none / 0)

Wow! That's quite significant that they would come out like this. I would take that as a pretty solid vote of no confidence in Hillary to do anything because otherwise I would think the path of neutrality would be most beneficial to their cause.


by dmc2 on Wed Jan 30, 2008 at 08:12:02 PM EST

Beautiful (2.00 / 1)

Even though it always stings a bit for a Northwestern graduate to compliment a University of Chicago graduate,  I want to say thank you for your great work as a front pager here since August and what you created over at http://www.onemillionstrong.us/.  Your posts have always been high quality and persuasive- like this one.  As we build momentum to next Tuesday, this post is part of the mix.  You've done more than your share to make this thing happen.

Tomorrow night, a 46 year old, first term United States Senator, just three years out of the Illinois legislature, faces the most pressure packed political moment of his career to date.  In a primary debate that will shatter records for viewership (I'm guessing over 10 million), our candidate has to deliver.

He will.


Our Moment Is Now
by mboehm on Wed Jan 30, 2008 at 08:39:51 PM EST

good job (none / 0)

Well written and an important diary for enlightening us on an aspect of Sen. Obama's experience that is often overlooked.


by Satya on Wed Jan 30, 2008 at 11:32:56 PM EST


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