Guantanamo's issues aren't easy to unravel

The detention camp at Guantanamo Bay has been a blemish on this nation's honor and its international standing, one that will not easily be healed.

Eight hundred prisoners from Afghanistan and Iraq have been held at various times at the naval base in southeastern Cuba, without charge, in violation of their rights, and some have been subjected to prolonged mistreatment and even torture.

As a candidate, President Barack Obama pledged to renew America's dedication to the rule of law by shutting down Guantanamo and ending the use of military tribunals that offered none of the legal rights routinely granted to those facing charges in a legitimate court.

Rather than a fresh break from the Bush administration policies of the past, Obama is meandering toward some indistinct resolution that will probably satisfy no one, though it might be the only solution possible. Obama still favors his original deadline for closing the camp by Jan. 22, 2010, but now says some of the 240 detainees still at the camp should be tried by tribunals.

Some compromise may be necessary, but Obama should provide assurances to the nation and the world that true justice will guide the outcomes of those cases. There must be clear rules and accountability for the past violations of human rights.

The task may be complicated by Capitol Hill. House and Senate leaders are refusing to approve $80 million Obama requested to shutter Guantanamo. They are demanding assurances that the detainees will not be transferred to the United States for trial or incarceration. U.S. Rep. Frank Wolf is resisting efforts to settle 17 Chinese Muslims in Fairfax County. They are being held at Guantanamo because they received training in terrorist camps with the intent to attack the Chinese government.

Some of the opposition smacks of fear-mongering, but concerns are also being raised by members of Congress not known for NIMBYism or an aversion to unpopular but necessary policies.

Sen. Jim Webb questions adherence to "artificial timelines" for closing Guantanamo and opposes any effort to bring detainees to the United States.

Webb told ABC News last weekend he favors Obama's plan to use tribunals rather than federal courts, arguing that it will be difficult to win convictions there for individuals captured in battle without search warrants or notification of their rights. Among those held at Guantanamo are five men accused of helping to plan the 9/11 attacks.

Obama has proposed due process reforms for the tribunals, although initial details suggest they will be limited. Detainees were previously required to be represented by military attorneys appointed by the Pentagon. Prisoners would have some choice of counsel under new rules, although they would still be restricted to lawyers assigned to the Pentagon's office of military defense. Obama wants restrictions but not a ban on use of hearsay evidence at trial. He would prohibit the use of evidence obtained by brutal interrogation measures.

U.S. Rep. Bobby Scott acknowledges that the normal rules governing American courtrooms must be modified for at least some of the Guantanamo prisoners. He believes any new tribunal process must be guided by transparent rules establishing the burden of proof required of the prosecution and preserving basic rights of self-defense. But he said it will be impossible to impose a total ban on hearsay evidence in cases involving international terrorism.

A dependable voice for justice and human rights, Scott isn't quick to compromise on such matters, but the damage done by years of lawlessness under George W. Bush can not be cleanly swept away by his successor.

"We've gotten ourselves in a situation where there are no good answers," Scott said.