History > 2016 > USA > Politics (I) > White House > President Obama
The Broken Promise
of Closing Guantánamo
JUNE 20, 2016
By THE EDITORIAL BOARD
The Opinion Pages
Editorial
Eight years ago, presidential candidates John McCain and Barack
Obama agreed on one issue: It was time to shut down the prison at Guantánamo
Bay, Cuba.
Asked about his position on Guantánamo, Mr. McCain, a former prisoner of war,
said his view had been reinforced by meeting an operative of Al Qaeda held
prisoner in Iraq, who told him the use of torture by American forces helped to
fuel the insurgency.
“What is the moral superiority of the United States of America if we torture
prisoners?” Mr. McCain said shortly before the election. Mr. Obama vowed to shut
down the prison during his first year in office, calling it a legal and moral
abomination.
As Mr. Obama’s administration draws to a close, there is less and less hope that
the president will find a way to fulfill his promise.
The failure to close Guantánamo, where 80 detainees remain, is a shameful stain
on Congress, which has hindered efforts to release prisoners and barred the
Pentagon from moving those remaining to prisons in the United States. The prison
has undermined America’s standing as a champion of human rights and set a
deplorable example for other governments inclined to violate international human
rights law. Its familiar orange jumpsuits have been made part of the terrorists’
propaganda, most recently by Islamic State fighters in photos and videos that
show the execution of hostages.
There is a modest step still available to Mr. Obama to demonstrate to the world
that he is willing to acknowledge what has taken place at Guantánamo. The United
Nations special rapporteur who examines issues of torture has sought access to
the detainees for years, seeking to document their treatment while in custody.
The government has refused repeated requests since 2004, with no good reason.
“I want to believe that the use of torture by the United States is a dark
chapter that has ended,” Juan Méndez, the special rapporteur, said in an
interview. “But I can’t be certain of that until we see a change in policy and
verify that the United States is meeting all its international obligations.”
The defense team of Ammar al-Baluchi, one of the detainees at Guantánamo who is
being tried in connection with the 9/11 attacks, filed a motion in May asking
the military commission to allow him to meet with Mr. Méndez. Thomas Pickering,
a veteran diplomat who has served as ambassador to Russia, India and the United
Nations in Republican and Democratic administrations, has filed a memorandum
supporting this request. Mr. Pickering wrote that recent reports of
“heavy-handed and even brutal force-feedings, indifferent medical care,
unacceptably cold stainless steel cells, indefinite solitary confinement” at
Guantánamo may constitute violations of the Geneva Conventions and the
Convention Against Torture. The United States is a signatory of both.
“Guantánamo is currently used by our enemies as a symbol of lawlessness that
grossly undermines U.S. national security,” Mr. Pickering wrote. “If the public
reports about current abusive conditions are false, then I believe that the
United States has much to gain by allowing” Mr. Méndez access.
Mr. Obama’s pledge to close the prison was doomed by Republican
opposition. But it is not too late for him to allow independent human rights
monitors to create a fuller historical record of the conduct of the American
government after 9/11.
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A version of this editorial appears in print
on June 20, 2016,
on page A18 of the New York edition with the headline:
The Broken Promise on Guantánamo.
The Broken Promise of Closing Guantánamo,
NYT,
June 20, 2016,
http://www.nytimes.com/2016/06/20/
opinion/the-broken-promise-of-closing-guantanamo.html
Obama in
Vietnam
Will Focus
on Future,
Rather Than
the Past
MAY 15, 2016
The New York
Times
White House
Letter
By GARDINER
HARRIS
WASHINGTON —
The pictures will be unavoidable, and the flood of painful memories unstoppable.
When President Obama lands next Sunday in Hanoi, his visit will be chronicled by
photographers, cameramen and journalists who will track every public move of
only the third presidential visit to Vietnam since the end of the American war
there.
Mr. Obama’s former defense secretary, Chuck Hagel, said he is already bracing
for the onslaught of recollections those pictures and articles are likely to
inspire.
“I know those images will hit me,” said Mr. Hagel, whose 12 months as a soldier
in Vietnam remain the defining period of his life, despite the subsequent years
as both a senator and a cabinet secretary. “They’re going to make it all come
back.”
For Mr. Obama, the trip to Vietnam offers an opportunity to help solidify not
only his promised pivot of American policy toward Asia, but also to deepen
economic and security ties with an increasingly important regional player.
But for the United States’ Vietnam War veterans, a presidential trip to the
country where many of them lost their youth, innocence and some of their closest
friends is weighted with powerful emotions and never-ending debates about that
war’s consequences.
“There are still a lot of ghosts around,” Mr. Hagel, 69, said in an interview.
“There is still a great deal of debate about Vietnam and what it meant for this
country.”
“It still haunts us,” he added. “That terrible waste of lives, and the lessons
we learned there, the terrible lessons that still hang over us.”
Mr. Hagel said that every decision he made as defense secretary and every piece
of advice he gave Mr. Obama was informed by his experience in Vietnam. He now
finds himself thinking more and more about the year he spent there in the 1960s.
And he said he is certain to closely study the pictures from Mr. Obama’s trip:
the lush green background, the people and their iconic conical hats.
One of the stumbling blocks between the two nations is the continuing belief by
some in the United States that there may still be captive American soldiers held
there, the kind of mythology that was fueled by 1980s movies like “Missing in
Action” starring Chuck Norris and the “Rambo” series starring Sylvester
Stallone.
A black P.O.W./M.I.A. flag still flies above the Capitol and state capitols
around the country, and the military and many lawmakers choose to focus on the
retrieval of the remains of dead service members as fulfilling those concerns.
But some leaders of veterans organizations insisted in a meeting on Friday at
the White House that Mr. Obama ask Vietnamese leaders whether there are living
prisoners, according to Frank Francois III, the chief executive of Service
Disabled Veteran Enterprises, who attended the meeting.
“One of the questions that has to be asked is whether there is anybody in jail
or captivity or someone living in the area we need to know about,” Mr. Francois
said.
For other veterans, Mr. Obama’s trip will serve as a welcome reminder to two
generations of Americans who have come of age since the war’s end, illustrating
that conflict’s importance to the United States. For these men, the ghosts of
the war should not have been so easily laid to rest.
“Vietnam is a totally forgotten issue nowadays,” said Bobby Muller, a disabled
veteran and antiwar activist whose life helped inspire the 1978 movie “Coming
Home,” starring Jane Fonda. “To have gone through those times and have something
as huge and powerful and affecting and tragic in our lifetimes wind up
nonexistent in the consciousness of the country today is stunning.”
Mr. Muller lives in Washington in an apartment that is filled with books on the
war, and his anger at two wartime leaders — President Richard M. Nixon and his
closest adviser, Henry Kissinger — remains undiminished.
Mr. Obama is unlikely to focus as much on combat deaths during his trip as
President Bill Clinton did when he visited in 2000.
Mr. Clinton took the two sons of a missing airman, Lt. Col. Lawrence G. Evert,
to a rice paddy in a tiny town 17 miles northeast of Hanoi and searched, along
with scores of villagers, for the remnants of an F-105D fighter-bomber that had
crashed in 1967. Remarkably, they found Colonel Evert’s bones.
Mr. Obama is more likely to hail cooperation between the two countries to clean
up the remnants of Agent Orange, one of the wartime issues still important to
Vietnam. But as a president who came of age after the war ended, he is unlikely
to be a symbol of healing of the psychological wounds that some veterans
suffered upon returning home, when many of their countrymen disdained them for
fighting there.
“That lack of a welcome home is still a national shame,” said Senator John
McCain, a Vietnam veteran who, because he was a prisoner of war, did receive a
hero’s welcome. “You had 18- or 19-year-old draftees who did their duties and
were literally spat upon by their fellow citizenry when they returned.”
Mr. McCain said the country has learned that lesson, and service members and
veterans are routinely celebrated at sporting events and public occasions
nowadays. But for some veterans, Mr. Obama’s visit is likely to stir bitter
memories of their rejection, he said.
Mr. McCain, a Republican of Arizona, said his efforts to help normalize
relations between Vietnam and the United States were among the proudest
accomplishments of his life, and he said he had been to Vietnam so often since
the war’s end that “I’m recognized more in the streets of Hanoi than I am in
Phoenix.”
Those efforts long ago helped Mr. McCain put the worst of the war and his
captivity behind him, so he is unlikely to be moved by the photos of Mr. Obama’s
visits, he said. Mr. McCain said he had other ways of stirring his wartime
memories.
“To this day, I’ll get up real early sometimes and go down to the Vietnam
Memorial just as the sun is coming up,” Mr. McCain said in an interview.
“It’s always a great experience for me to think and remember.”
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A version of this article appears in print on May 16, 2016, on page A10 of the
New York edition with the headline: Obama in Vietnam Will Focus on Future,
Rather Than the Past.
Obama in
Vietnam Will Focus on Future, Rather Than the Past,
NYT, May 15, 2016,
http://www.nytimes.com/2016/05/16/us/
politics/obama-in-vietnam-will-focus-on-future-rather-than-the-past.html
For Obama,
an Unexpected Legacy
of Two Full Terms at War
MAY 14, 2016
The New York
Times
By MARK
LANDLER
WASHINGTON —
President Obama came into office seven years ago pledging to end the wars of his
predecessor, George W. Bush. On May 6, with eight months left before he vacates
the White House, Mr. Obama passed a somber, little-noticed milestone: He has now
been at war longer than Mr. Bush, or any other American president.
If the United States remains in combat in Afghanistan, Iraq and Syria until the
end of Mr. Obama’s term — a near-certainty given the president’s recent
announcement that he will send 250 additional Special Operations forces to Syria
— he will leave behind an improbable legacy as the only president in American
history to serve two complete terms with the nation at war.
Mr. Obama, who won the Nobel Peace Prize in 2009 and spent his years in the
White House trying to fulfill the promises he made as an antiwar candidate,
would have a longer tour of duty as a wartime president than Franklin D.
Roosevelt, Lyndon B. Johnson, Richard M. Nixon or his hero Abraham Lincoln.
Granted, Mr. Obama is leaving far fewer soldiers in harm’s way — at least 4,087
in Iraq and 9,800 in Afghanistan — than the 200,000 troops he inherited from Mr.
Bush in the two countries. But Mr. Obama has also approved strikes against
terrorist groups in Libya, Pakistan, Somalia and Yemen, for a total of seven
countries where his administration has taken military action.
“No president wants to be a war president,” said Eliot A. Cohen, a military
historian at Johns Hopkins University who backed the war in Iraq and whose son
served there twice. “Obama thinks of war as an instrument he has to use very
reluctantly. But we’re waging these long, rather strange wars. We’re killing
lots of people. We’re taking casualties.”
Mr. Obama has wrestled with this immutable reality from his first year in the
White House, when he went for a walk among the tombstones at Arlington National
Cemetery before giving the order to send 30,000 additional troops into
Afghanistan.
His closest advisers say he has relied so heavily on limited covert operations
and drone strikes because he is mindful of the dangers of escalation and has
long been skeptical that American military interventions work.
Publicly, Mr. Obama acknowledged early on the contradiction between his campaign
message and the realities of governing. When he accepted the Nobel in December
2009, he declared that humanity needed to reconcile “two seemingly
irreconcilable truths — that war is sometimes necessary, and war at some level
is an expression of human folly.”
The president has tried to reconcile these truths by approaching his wars in
narrow terms, as a chronic but manageable security challenge rather than as an
all-consuming national campaign, in the tradition of World War II or, to a
lesser degree, Vietnam. The longevity of his war record, military historians
say, also reflects the changing definition of war.
“It’s the difference between being a war president and a president at war,” said
Derek Chollet, who served in the State Department and the White House during Mr.
Obama’s first term and as the assistant secretary of defense for international
security affairs from 2012 to 2015.
“Being a war president means that all elements of American power and foreign
policy are subservient to fighting the war,” Mr. Chollet said. “What Obama has
tried to do, which is why he’s careful about ratcheting up the number of forces,
is not to have it overwhelm other priorities.”
But Mr. Obama has found those conflicts maddeningly hard to end. On Oct. 21,
2011, he announced that the last combat soldier would leave Iraq by the end of
that year, drawing that eight-year war to a close. “Our troops will definitely
be home for the holidays,” Mr. Obama said at the White House.
Less than three years later, he told a national television audience that he
would send 475 military advisers back to Iraq to help in the battle against the
Islamic State, the brutal terrorist group that swept into the security vacuum
left by the absent Americans. By last month, more than 5,000 American troops
were in Iraq.
A furious firefight this month between Islamic State fighters and Navy SEALs in
northern Iraq, in which Special Warfare Operator First Class Charles Keating IV
became the third American to die since the campaign against the Islamic State
began, harked back to the bloodiest days of the Iraq war. It also made the
administration’s argument that the Americans were only advising and assisting
Iraqi forces seem ever less plausible.
President
Obama inherited two wars from his predecessor, and has struggled to wind them
down. American troops are still in both Iraq and Afghanistan.
Afghanistan followed a similar cycle of hope and disappointment. In May 2014,
Mr. Obama announced that the United States would withdraw the last combat
soldier from the country by the end of 2016.
“Americans have learned that it’s harder to end wars than it is to begin them,”
the president said in the Rose Garden. “Yet this is how wars end in the 21st
century.”
Seventeen months later, Mr. Obama halted the withdrawal, telling Americans that
he planned to leave more than 5,000 troops in Afghanistan until early 2017, the
end of his presidency. By then, the Taliban controlled more territory in the
country than at any time since 2001.
Taliban fighters even briefly conquered the northern city of Kunduz. In the
bitter battle for control, an American warplane mistakenly fired its missiles
into a Doctors Without Borders hospital, killing 42 people and prompting
accusations that the United States had committed a war crime.
Critics of Mr. Obama have long said his clinical approach to wars weakened the
ability of the nation to fight them. “He hasn’t tried to mobilize the country,”
Dr. Cohen said. “He hasn’t even tried to explain to the country what the stakes
are, why these wars have gone the way they have.”
Mr. Bush was also criticized for failing to ask the American people to make any
sacrifices during the Iraq war. But, Dr. Cohen said, “for all his faults, with
Bush, there was this visceral desire to win.”
Vincent DeGeorge, a researcher at Carnegie Mellon University who collected the
data on presidents at war, said Mr. Obama’s tone mattered less than the
decisions he made. “Does the rhetoric a president uses at home matter to the
soldiers who come back wounded or get caught in the crossfire?” he asked in an
interview.
Mr. DeGeorge acknowledged the complications in measuring Mr. Obama’s wars. The
American-led phase of the Afghanistan war, for example, ended formally in
December 2014, though thousands of troops remain there. For his analysis, he
considered a state of war to exist when less than a month passed between either
American casualties or an American airstrike.
More so than Mr. Bush or President Bill Clinton, Mr. Obama has fought a
multifront war against militants. Officials at the Pentagon referred to the
situation as “the new normal.” But for those who worked in the Obama
administration, it made for an unrelenting experience.
“As the Middle East coordinator, I certainly felt like it was a wartime pace,”
said Philip H. Gordon, who worked in the White House from 2013 to 2015.
Still, Mr. Gordon and other former officials drew a distinction between the wars
of the 21st century and those of the 20th century. For one, Congress has not
specifically authorized any of Mr. Obama’s military campaigns, let alone issued
a declaration of war — something that it has not done since World War II.
“War doesn’t exist anymore, in our official vocabulary,” Mr. Gordon said.
It is not clear that Mr. Obama’s successor will take the same approach. The
front-runner for the Democratic presidential nomination, Hillary Clinton, has
been more receptive to conventional military engagements than Mr. Obama. The
presumptive Republican nominee, Donald J. Trump, has pledged to bomb the Islamic
State into oblivion, though he has sent contradictory messages about his
willingness to dispatch American ground troops into foreign conflicts.
Military historians said presidents would probably continue to shrink or stretch
the definition of war to suit their political purposes.
“Neither Clinton nor Obama identified themselves as war presidents, but Bush
did,” said Richard H. Kohn, professor emeritus of history and peace, war and
defense at the University of North Carolina at Chapel Hill.
“War goes back in human experience thousands of years,” he said. “We know that
it has an enormous variation of definitions.”
A version of
this article appears in print on May 15, 2016, on page A1 of the New York
edition with the headline: For President, Two Full Terms of Fighting Wars.
For Obama, an
Unexpected Legacy of Two Full Terms at War,
NYT, May 14, 2016,
http://www.nytimes.com/2016/05/15/us/
politics/obama-as-wartime-president-has-wrestled-
with-protecting-nation-and-troops.html
Obama Criticizes the ‘Free Riders’
Among America’s Allies
MARCH 10, 2016
The New York Times
By MARK LANDLER
WASHINGTON — President Obama believes that Saudi Arabia, one of
America’s most important allies in the Middle East, needs to learn how to
“share” the region with its archenemy, Iran, and that both countries are guilty
of fueling proxy wars in Syria, Iraq and Yemen.
In a series of interviews with The Atlantic magazine published Thursday, Mr.
Obama said a number of American allies in the Persian Gulf — as well as in
Europe — were “free riders,” eager to drag the United States into grinding
sectarian conflicts that sometimes had little to do with American interests. He
showed little sympathy for the Saudis, who have been threatened by the nuclear
deal Mr. Obama reached with Iran.
The Saudis, Mr. Obama told Jeffrey Goldberg, the magazine’s national
correspondent, “need to find an effective way to share the neighborhood and
institute some sort of cold peace.” Reflexively backing them against Iran, the
president said, “would mean that we have to start coming in and using our
military power to settle scores. And that would be in the interest neither of
the United States nor of the Middle East.”
Mr. Obama’s frustration with much of the Arab world is not new, but rarely has
he been so blunt about it. He placed his comments in the context of his broader
struggle to extract the United States from the bloody morass of the Middle East
so that the nation can focus on more promising, faster-growing parts of the
world, like Asia and Latin America.
“If we’re not talking to them,” he said, referring to young people in those
places, “because the only thing we’re doing is figuring out how to destroy or
cordon off or control the malicious, nihilistic, violent parts of humanity, then
we’re missing the boat.”
Mr. Obama also said his support of the NATO military intervention in Libya had
been a “mistake,” driven in part by his erroneous belief that Britain and France
would bear more of the burden of the operation. He stoutly defended his refusal
not to enforce his own red line against Syria’s president, Bashar al-Assad, even
though Vice President Joseph R. Biden Jr. argued internally, the magazine
reported, that “big nations don’t bluff.”
The president disputed criticism that he should have done more to resist the
aggression of President Vladimir V. Putin of Russia in Ukraine. As a neighbor of
Russia, Mr. Obama said, Ukraine was always going to matter more to Mr. Putin
than to the United States. This meant that in any military confrontation between
Moscow and the West, Russia was going to maintain “escalatory dominance” over
its former satellite state.
“The fact is that Ukraine, which is a non-NATO country, is going to be
vulnerable to military domination by Russia no matter what we do,” he said.
“This is an example of where we have to be very clear about what our core
interests are and what we are willing to go to war for.”
Mr. Obama, who has spoken regularly to Mr. Goldberg about Israel and Iran,
granted him extraordinary access. The portrait that emerges from the interviews
is of a president openly contemptuous of Washington’s foreign-policy
establishment, which he said was obsessed with preserving presidential
credibility, even at the cost of blundering into ill-advised military
adventures.
“There’s a playbook in Washington that presidents are supposed to follow,” Mr.
Obama said. “And the playbook prescribes responses to different events, and
these responses tend to be militarized responses.” This consensus, the president
continued, can lead to bad decisions. “In the midst of an international
challenge like Syria,” he said, “you are judged harshly if you don’t follow the
playbook, even if there are good reasons.”
Although Mr. Obama’s tone was introspective, he engaged in little
second-guessing. He dismissed the argument that his failure to enforce the red
line in Syria, or his broader reticence about using military force, had
emboldened Russia. Mr. Putin, he noted, invaded Georgia in 2008 during the
presidency of George W. Bush, even though the United States had more than
100,000 troops deployed in Iraq.
Similarly, the president pushed back on the suggestion that he had not been firm
enough in challenging China’s aggression in the South China Sea, where it is
building military installations on reefs and islands, some of which are claimed
by the Philippines and other neighbors. “I’ve been very explicit in saying that
we have more to fear from a weakened, threatened China than a successful, rising
China,” Mr. Obama said.
The president refused to box himself in as a foreign-policy thinker. “I suppose
you could call me a realist in believing we can’t, at any given moment, relieve
all the world’s misery,” he said. But he went on to describe himself as an
internationalist and an idealist. Above all, Mr. Obama appeared weary of the
constant demands and expectations placed on the United States. “Free riders
aggravate me,” he said.
He put France and Britain in that category, at least as far as the Libya
operation was concerned. Prime Minister David Cameron of Britain, he said,
became distracted by other issues, while President Nicolas Sarkozy of France
“wanted to trumpet the flights he was taking in the air campaign, despite the
fact that we had wiped out all the air defenses.”
Only on the threat posed by the Islamic State did Mr. Obama express some
misgivings. He likened ISIS to the Joker in “The Dark Knight,” the 2008 Batman
movie. The Middle East, Mr. Obama said, was like Gotham, a corrupt metropolis
controlled by a cartel of thugs. “Then the Joker comes in and lights the whole
city on fire,” Mr. Obama said. “ISIL is the Joker,” he added, using the
government’s preferred acronym for the Islamic State.
Still, Mr. Obama acknowledged that immediately after the terrorist attacks in
Paris and San Bernardino, Calif., he did not adequately reassure Americans that
he understood the threat, and was confronting it.
“Every president has his strengths and weaknesses,” he said. “And there is no
doubt that there are times where I have not been attentive enough to feelings
and emotions and politics in communicating what we’re doing and how we’re doing
it.”
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A version of this article appears in print on March 10, 2016, on page A9 of the
New York edition with the headline: Obama Criticizes the ‘Free Riders’ Among
America’s Allies.
Obama Criticizes the ‘Free Riders’ Among America’s Allies,
NYT, MARCH 10, 2016,
http://www.nytimes.com/2016/03/10/world/middleeast/
obama-criticizes-the-free-riders-among-americas-allies.html
Obama’s Lofty Plans
on Gun Violence
Amount to Little Action
FEB. 7, 2016
The New York Times
By ERIC LICHTBLAU
and MICHAEL D. SHEAR
WASHINGTON — The centerpiece of a plan for stemming gun violence
that President Obama announced last month largely amounts to this: an updated
web page and 10,000 pamphlets that federal agents will give out at gun shows.
In a tearful display of anger and sadness in the East Room of the White House,
Mr. Obama ordered steps intended to limit gun violence and vowed to clamp down
on what he called widespread evasion of a federal law requiring gun dealers to
obtain licenses.
But few concrete actions have been put in motion by law enforcement agencies to
aggressively carry out the gun dealer initiative, despite the lofty expectations
that Mr. Obama and top aides set.
Obama administration officials said they had no specific plans to increase
investigations, arrests or prosecutions of gun sellers who do not comply with
the law. No task forces have been assembled. No agents or prosecutors have been
specifically reassigned to such cases. And no funding has been reallocated to
accelerate gun sale investigations in Washington or at the offices of the 93
United States attorneys.
The absence of aggressive enforcement is a reminder of the limits of Mr. Obama’s
executive authority, even as he repeatedly asserts the power of the Oval Office
to get things done in the face of inaction by a Republican Congress.
Even the National Rifle Association, which fights anything it perceives as a
threat to gun rights, has not sued to block Mr. Obama’s actions, and gun groups
profess little reason for concern. “Nothing, from what we can see, has changed,”
said Mike Bazinet, a spokesman for the National Shooting Sports Foundation, an
industry group.
Administration officials say that with Congress unwilling to take any
legislative action, the White House’s plan goes as far as Mr. Obama can to keep
guns out of the hands of criminals and people with mental illnesses.
“The actions the president announced last month represent the maximum the
administration can do under the current law,” said Eric Schultz, the deputy
White House press secretary, “namely increasing mental health treatment and
reporting, improving public safety, managing the future of gun safety technology
and, of course, enhancing the background check system.”
Mr. Obama has been under pressure from gun control advocates to confront gun
violence since he failed to convince Congress to approve universal background
checks in 2013. The highly stage-managed announcement in January gave him the
chance to demonstrate what he called the “fierce urgency” to respond to mass
shootings.
Attorney General Loretta E. Lynch told reporters on the day Mr. Obama announced
the plan that the government was “ramping up our enforcement efforts,
particularly online” and “will be looking” for unlicensed gun dealers.
But turning promises into action is often difficult — a political reality that
Mr. Obama and his aides know all too well — especially in the face of a sluggish
bureaucracy and a determined, partisan opposition in Congress. The president’s
attempts to sidestep lawmakers on immigration have been tied in courts for more
than a year, and he faces fights on executive orders to expand gay rights,
establish a minimum wage for federal contractors and combat climate change.
The most visible sign of the president’s initiative to license more gun dealers
is the printing of 10,000 pamphlets clarifying what qualifies a gun seller as a
dealer. Officials plan to hand out the pamphlets at gun shows, weekend flea
markets and elsewhere. They say they hope the “education campaign,” as it is
called, will prompt more gun sellers to register as dealers, who then must
conduct background checks. The same information has been updated on the website
of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The new guidance says that there is no “bright line” for determining whether
someone should register as a dealer, but that a number of factors — such as
selling even a small number of new firearms in their original packaging, making
a profit and selling regularly at gun shows or online — could qualify.
Sally Quillian Yates, the deputy attorney general, said the A.T.F.’s new
guidance would put people who sold guns regularly “on notice” that they must
register as dealers and conduct background checks. She said it should also lead
to more successful prosecutions of unregistered gun dealers who are flouting the
law.
But gun control advocates say they want more than just notification. Jonas
Oransky, counsel at Everytown for Gun Safety, said the A.T.F. should not expect
that arrests and prosecutions would happen “without extra energy behind it by
them,” but added, “We’re giving them some time to figure out how best to do
this.”
Some experts are skeptical that the president’s actions will have much effect,
even if they are carried out fully.
“This is a very modest plan,” said Joe Vince, a former administrator at the
A.T.F. who now teaches criminal justice. “I don’t think the president had much
more authority than to do what he did.”
White House officials said it was too early to judge the effect of the
president’s measures. And they said the effort to register more gun dealers was
just one piece of his initiative. Other elements would tighten rules on gun
purchases by corporations and more quickly identify lost or stolen guns.
The president also sought to improve the F.B.I.’s ability to identify prohibited
gun buyers by hiring more background check examiners and by collecting more
criminal and mental health information from states.
But a number of the elements that Mr. Obama took credit for last month were
already underway before he directed the administration to develop new gun
measures in the wake of mass shootings in California and Oregon in the fall.
The F.B.I., for example, has already received funding for an additional 230
examiners in the next two years to handle the growing requests for background
checks.
The president is wary of creating any appearance that he is sending in armies of
federal agents to take away people’s guns.
“Our No. 1 goal here is not to slap the cuffs on people for not being
registered,” Ms. Yates, the deputy attorney general, said. “We believe there are
a lot of folks out there who want to comply with the law.”
Mr. Obama’s lawyers have cautioned against seeming to create new gun laws by
fiat. The most the president can do, they have said, is to direct better
enforcement of the laws that exist.
The bulk of the new responsibilities outlined by Mr. Obama will fall to the
A.T.F., an agency that has suffered from chronic underfunding and understaffing,
years of scandals, and distrust from Republicans and gun rights groups. Mr.
Obama plans to request tens of millions of dollars from Congress for additional
A.T.F. agents, but Republicans are hesitant to approve it.
The A.T.F. has been without a confirmed director since April; the White House
has blamed a backlog of confirmations in the Republican-controlled Senate.
Michael Bouchard, a former assistant director at the A.T.F., faulted Mr. Obama
for not nominating anyone to the job as part of his plan.
“How could you say that all this stuff about guns is so important, but you don’t
think it’s important enough to name a nominee to run the agency?” Mr. Bouchard
asked. “This would have been a great time for it.”
A.T.F. officials said that the agency had not named anyone to oversee the plan
or set up new committees to run it. Brian Garner, a special agent and spokesman
for the agency, said: “We’ve not at any point said we’re going to do any big
rollout. Right now, we’re going to work the cases with the resources we have and
do the best job we can.”
Supporters of the plan said they had been assured that it would be enforced
aggressively.
“It was significant; it was bold,” said Maura Healey, the Massachusetts state
attorney general. “It takes time for the directive to be implemented.”
Correction: February 8, 2016
An earlier version of this article misstated the title for Jonas Oransky, a gun
control advocate. He is a counsel, he is not the chief counsel.
Obama’s Lofty Plans on Gun Violence Amount to Little Action,
NYT,
FEB. 7, 2016,
https://www.nytimes.com/2016/02/08/
us/politics/obamas-lofty-plans-on-gun-violence-amount-to-little-action.html
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