Good Riddance, Gitmo.

“It is precisely our ideals which give us the strength and moral high ground to deal with the unthinking violence that we see emanating from terrorism organizations around the world…We are going to win this fight, we are going to win it on our terms.” As hinted soon after the election, it’s finally on its way out: One day after putting a hold on all Gitmo tribunals, the president orders the closing of the national embarrassment at Guantanamo within the year.

“[T]he orders [also] bring to an end a Central Intelligence Agency program that kept terrorism suspects in secret custody for months or years, a practice that has brought fierce criticism from foreign governments and human rights activists. They will also prohibit the C.I.A. from using coercive interrogation methods, requiring the agency to follow the same rules used by the military in interrogating terrorism suspects, government officials said.“

And there was much rejoicing! We can all breathe a little easier and stand a little taller now that America is actually starting to act like America again. (And, trust me, I won’t shed any tears over dropping the gulag and torture news category here at GitM.)

Btw, the “new sheriff in town” pic above is via The Big Picture’s very worthwhile inaugural collection, as seen at Webgoddess.

Escape from New York.

“On an island under military occupation at the edge of an empire, the armed forces of a global superpower detain hundreds and sometimes even thousands of allegedly unlawful combatants. The powerful nation consigns the detainees to a legal limbo, subjecting them to treatment that critics around the world decry as inhumane, unenlightened, and ultimately self-defeating. That may sound like a history of Guantanamo. Yet the year was 1776, the superpower was Great Britain, and the setting was New York City. The ‘unlawful’ combatants were American revolutionaries.”

in a mixed review of Edwin Burrows’ Forgotten Patriots, friend and Columbia prof John Witt notes “eerie” parallels between Guantanamo Bay and revolutionary-era Manhattan, and offers choice advice for President-elect Obama. “To succeed, he will have to reunite the twin American traditions of interest and idealism. They are traditions his predecessor tore apart, but they are the true legacy of the Revolution.“

Priority #1: Gutting the Gitmo Gulag.

“Announcing the closure of the controversial detention facility would be among the most potent signals the incoming administration could send of its sharp break with the Bush era, according to the advisers, who spoke on the condition of anonymity because they are not authorized to speak for the president-elect. They believe the move would create a global wave of diplomatic and popular goodwill that could accelerate the transfer of some detainees to other countries.” In the WP today, unnamed Obama advisors make the case for the president-elect closing the Gitmo gulag next-to-immediately. (The ACLU has echoed similarly, and the UN Human Rights Commission suggested thus back in 2006.)

Nevertheless, while agreeing Gitmo is a catastrophic mistake that needs to be rectified pronto, Slate‘s Jonathan Mahler and Newsweek‘s Dan Ephron sense some implementation problems ahead. “[T]he prisoner mess created by Bush with the stroke of a pen in November 2001, and made messier over seven years, will take time and resourcefulness to clean up…[T]he controversial facility will probably still be open for business a year from now.“

However the national embarrassment at Guantanamo is handled by the new administration, it seems a safe bet that some of the intelligence officials that have carried water for Dubya on Gitmo, torture, warrantless wiretaps, and other issues will soon be sent packing, namely Director of National Intelligence Mike McConnell and CIA head Michael Hayden. “McConnell and Hayden, both career intelligence professionals, interpret the Obama team not reaching out to them as a sign that they will not be kept on, intelligence officials said.” But, hey, heck of a job, Mikeys.

The Manchurian Handbook.

“The military trainers who came to Guantanamo Bay in December 2002 based an entire interrogation class on a chart showing the effects of ‘coercive management techniques’ for possible use on prisoners, including ‘sleep deprivation,’ ‘prolonged constraint,’ and ‘exposure.’ What the trainers did not say, and may not have known, was that their chart had been copied verbatim from a 1957 Air Force study of Chinese Communist techniques used during the Korean War to obtain confessions, many of them false, from American prisoners…The only change made in the chart presented at Guantanamo was to drop its original title: ‘Communist Coercive Methods for Eliciting Individual Compliance.‘”

How low have we sunk under Dubya? Apparently, under this administration, we’ve actually been plagiarizing Maoist torture techniques for use in the Gitmo gulag. “‘What makes this document doubly stunning is that these were techniques to get false confessions,’ Levin said. ‘People say we need intelligence, and we do. But we don’t need false intelligence.’”

The Court: Show us the Bodies.

“The laws and Constitution are designed to survive, and remain in force, in extraordinary times,” Justice Anthony M. Kennedy wrote for a five-member majority clearly impatient that some prisoners have been held for six years without a hearing.” In a setback for the Dubya administration and a victory for the American way of life, the Supreme Court grants habeas corpus rights to Guantanamo detainees. (The decision in Boumediene v. Bush is now the fourth time the Court has reaffirmed the rule of law over Dubya’s monarchial anti-terror policies.)

In vicious dissent, the conservative bloc: Roberts, Scalia, Thomas, and Alito, with Scalia in particular scowling and ranting like a Batman villain. “‘America is at war with radical Islamists,’ he wrote, adding that the decision ‘will almost certainly cause more Americans to be killed.’ He went on to say: ‘The Nation will live to regret what the court has done today.’” To which I say, “Get over it.” I highly doubt we’ll regret it as much as your being put on the Court in the first place, Justice Scalia.

Obama’s Constitutional Experience.

“Katyal, who has been called in by both senators, described what sounded like a typical establishment vs. insurgency split between the two. Clinton ‘comes at it a bit more from a top-down perspective,’ he said, ‘as in, “elites are likely to know what the right answer is.” She’ll likely talk to the Nobel Prize winner, but maybe not be as likely to talk to the people on the ground affected by the policies./ Obama, on the other hand, talked to Katyal for two hours when the Military Commissions Act, which sought to limit the Guantanamo detainees’ right to bring appeals in federal court, was being debated in the Senate. He wanted to know how the proposed law would play out directly for the detainees, and Katyal was representing Salim Ahmed Hamdan before the Supreme Court.“

Slate‘s Emily Bazelon examines how Obama’s years as a con law professor influence his judicial thinking. “Obama’s immersion makes the law professors in his inner circle giddy. In addition to the sweet relief of a candidate who has promised not to keep marching to the drummer of executive power, and who wants to protect rather than diminish the right to privacy, the Obama lawyer team loves their man because he goes toe to toe with them. As Harvard law professor Martha Minow puts it, ‘He has at his fingertips the whole historical context of the moments in which our Constitution has been stretched, or has been in jeopardy, and when presidents have tried to bring it back. This isn’t an afterthought for him: “Oh, I’ll go consult my lawyers.”‘” This probably goes a way toward explaining why Obama has the backing of so many anti-Gitmo lawyers.

Sebelius — and anti-Gitmo lawyers – step up.

“‘I think he represents the kind of leader that we need for the future of the country,’ Sebelius told The Associated Press. ‘I think he brings the hope and optimism that we really need to restore our place in the world, as well as to bring this country together and really tackle the challenges that we have.’” Kansas Governor Kathleen Sebelius endorses Barack Obama for president. (Sebelius also gave the Democratic SOTU response last night, and her upcoming endorsement was one of DC’s worst-kept secrets last week.)

And another intriguing endorsement via the Daily Dish: Obama gets the support of 80 volunteer lawyers of Gitmo detainees: “Some politicians are all talk and no action. But we know from first-hand experience that Senator Obama has demonstrated extraordinary leadership on this critical and controversial issue.” (Their full statement is here.)

Tortured Reasoning.

“The grim truth is, not much has changed. The Bush administration continues to limit our basic freedoms, conceal its own worst behavior, and insist that it does all this in order to make us more free.” As a follow-up to her 2006 list of civil liberties violations, Slate‘s Dahlia Lithwick surveys The Bush Administration’s Top 10 Stupidest Legal Arguments of 2007.

Muckraking at the Movies.

Some recent trailers of a political bent: Sen. Tom Cruise urges stay the course, journalist Meryl Streep harbors doubts, and guidance counselor Robert Redford soapboxes like it’s going out of style in the full trailer for Redford’s Lions for Lambs, also with Peter Berg, Derek Luke, and Michael Pena. Or, if you take your Meryl dark, Reese Witherspoon’s Arabic husband falls awry in the CIA secret prison system (or does he?) in the more compelling trailer for Rendition, also with Streep, Jake Gyllenhaal, Peter Sarsgaard, Alan Arkin, J.K. Simmons, and Omar Metwally. Elsewhere, an Afghani emigre (Khalid Abdalla) ventures home, into the realm of the Taliban, to honor the last wish of a childhood friend in Marc Forster’s version of Khaled Hosseini’s The Kite Runner. And, for more historically-minded muckraking, Ed Harris, Helen Mirren, Harvey Keitel, and Bruce Greenwood join alums Nicolas Cage, Diane Kruger, Jon Voight, and Justin Bartha in unlocking the hidden mysteries of the presidency in the trailer for National Treasure 2: Book of Secrets. (A totally cheesy b-movie, to be sure, but I enjoyed the first one more than the ponderous Da Vinci Code.)

Backcourt Violations.

“‘Conservatives got everything they could reasonably have hoped for out of the term,’ said Thomas C. Goldstein, a Washington lawyer who specializes in Supreme Court litigation.” Proving the crucial importance of the Alito-O’Connor switch (and, I’ll continue to maintain as my answer to Emily Bazelon’s line of questioning, the 2004 election), the Roberts Court flexed its muscle in depressing fashion this week, voting 5-4 (as feared) not only to gut the McCain-Feingold act in the name of “free speech” but also — seriously, no lie — to partially roll back Brown v. Board of Education. (In another well-reported case, the majority’s inordinate fear of bongs trumped this stalwart commitment to free speech.) So, if you’re keeping score, Roberts, Alito, Scalia, Thomas, and Kennedy came down like this: money good, corruption good, drug hysteria good; clean politics bad, youthful irony bad, integration bad. Oh, wonderful. Suddenly, the announcement that the Court will take a look at the Guantanamo cases doesn’t sound so appetizing. Update: Slate‘s slate of legal observers discuss.