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    Memo to the president: here's how you shut Gitmo

    Orlando posed a puzzler yesterday: if you shut the Camp Delta prison, what do you do with inmates who have committed no known war crimes or acts of terrorism, but who still pose a security threat? How do you keep them from taking up arms or otherwise waging jihad against the U.S. and its allies?

    It's triflingly simple: Ask them to promise not to.

    "Huh?" I can hear you all saying. "That's crazy talk, acanuck. What's to stop them from breaking their word?" Well, first of all, the concept of "parole" has an honored place in Arab and Muslim history. It resonates.

    There's the well-documented story of Balian d'Ibelin, a Christian commander captured by Saladin (Salah ad-Din to his friends). Freed in exchange for a promise never again to fight Saladin, he went back to besieged Jerusalem to pick up his wife and kids. While there, the Christian inhabitants pleaded with him to take over the defence of the city, and the bishop "relieved" him of his oath. Balian finally gave in, but wrote to Saladin apologizing for breaking his word. When the city fell, Saladin spared his life, earning praise throughout Christian Europe. He freed Balian again, but this time demanded a ransom -- cash up front.

    But, you say, these Guantanamo inmates are not necessarily noble adversaries like Saladin. Some, at least, are would-be killers. OK, let's make it harder for them to break their word. These guys claim to want universal sharia (Islamic law), right? Let's bring Islamic law into the equation. Before offering Guantanamo prisoners parole, the Obama administration should request a fatwa. That's an advisory opinion from respected Muslim scholars. Two questions: Is it permissible for them to accept such an offer? And, if accepted, is such a pledge morally binding?

    Islam has no central authority, like the pope speaking ex cathedra. But there are scholars whose rulings are widely accepted in the Sunni world (most Gitmo detainees are Sunni), like the sheik of the al-Azhar mosque in Cairo. (He's not, from what I can tell, considered a puppet of the Egyptian government, so his decision would not be politically suspect.)

    Am I certain of a positive result? Hey, I'm not an Islamic scholar, I just play one on TV. But even the act of seeking such an opinion would earn Obama brownie points. And if the answer to both questions is yes, we're off to the races. I'm sure folks like Osama bin Laden would reject such a ruling, maybe even issue their own contradictory fatwa. But that would just underline the fact bin Laden lacks the training and authority to make any religious rulings. Win-win. 

    Suppose, after being paroled, some of these guys do turn (or return) to jihad? Great! You can't buy that kind of PR. There are just 240 to start with. Only a small proportion (one in seven, a DOD report suggests) are likely recidivists, and we know who they are, so we can keep them under surveillance. The incremental harm they can do is negligible. And if we catch them at it, we'll make sure the world knows about it. It proves they are bad Muslims and not to be followed.

    Meanwhile, Obama gets to carry out his pledge to shut Gitmo, and in the process saves much of the $80 million cost -- not to mention the political hassle -- of shipping the detainees Stateside. It's all upside, Mr. President. Give it a shot.

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    First, let me clarify that my questions yesterday weren't posed as a "what do we do with them if we can't keep them in Gitmo?" scenario. Regardless of where we keep them, we have to decide what to do with these category 5 guys, who can't be tried, can't be released, and can't be held indefinitely.

    I think your idea is intriguing and has the potential to win the United States points in the Muslim world. Points that are, unfortunately, sure to be erased when President Obama loses his re-election campaign after the Right goes absolutely crazy with the "Obama consults Muslim clerics so he must really be a secret Muslim campaign ads."


    I move that henceforth we refer to Category 5 as "Schrödinger's Detainees".


    Seconded. What are the rules for carrying a motion at dagblog?


    That's just it. We actually can release them, once there's an ironclad guarantee they won't create mischief. I suspect the vast majority would leap at this chance. Some are actually innocents against whom our suspicions are unfounded, others are jihadis who will figure they've done enough for the cause and are owed a peaceful retirement. Some will refuse parole out of principle, being unwilling to either break their word or give up the fight. Those we get to keep locked up -- it's not like they weren't given a choice.

    As for the political fallout, nobody is going to get much mileage out of denouncing something that works. If Obama can end the embarrassment of Gitmo while separating out the handful of diehards who can't be freed, where's the Republican point of attack? But you prepare the ground carefully, sounding out the Islamic scholars on the QT ("Hypothetically, what if we ...?") before finalizing the proposition to be put to the inmates. Ideally, you'd need more than one authoritative source concurring that there's nothing wrong with accepting and abiding by parole -- and willing to go on the record. That last bit might be the trickiest aspect.

    As for Schrodinger's Detainees, I'm trying to puzzle that one out: So they're in a closed box, and each of them is both half-dead and half-alive -- and remains that way until we open the box. OK, I guess the metaphor works.

    Oh, by the way, there is one fly in the ointment. The plan does carry a faint whiff of hypocrisy, since the U.S. military bars its own members from accepting parole. I suppose that could be quietly changed before the get-out-of-Gitmo-free deal is put on the table.


    As for the political fallout, nobody is going to get much mileage out of denouncing something that works

    It's like we've witnessed two entirely different histories…

    Maybe it's just that your history has been experienced from Canada?


    I'm not so naive that I think Fox and friends wouldn't be all over such a move. But since the right has scared most congresscritters into a not-in-my-backyard stance, Obama can cite that as justification for reducing the number of detainees you've got to keep and somehow dispose of. He can be pretty persuasive.

    And when you do put the last holdouts on trial, their refusal to renounce jihad in exchange for freedom looks to me like prima facie evidence that they pose a serious danger and should stay locked up. In my ideal world, every case gets disposed of: you either walk free on parole, or you get your day in court; nobody gets held indefinitely without trial.


    Just to be clear: I like the creativity behind your idea. I do think that it's a non-start politically, however. If even one of them kills even one American after getting out, Republicans could very well get re-elected in 2012, even if it ended up saving tens of thousands of lives. (The life being lost always gets more attention than the life that wasn't lost, of course.)

    But, as far as such brainstorming ideas go, it's great. I think someone can probably do better, but I don't think I can, so good for putting it out there.


    A novel idea.  It might actually have some efficacy, but I wouldn't count on it being implemented as it is fatally flawed in that it imbues the actors in question with human qualities like integrity.


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