THE WHITE HOUSE

Office of the Press Secretary

_______________________________________________________________

May 26, 2009

REMARKS BY THE PRESIDENT

IN NOMINATING

JUDGE SONIA SOTOMAYOR TO

THE UNITED STATES SUPREME COURT

10:13 A.M. EDT

THE PRESIDENT: Thank you. Well, I'm excited, too. (Laughter.)

Of the many responsibilities granted to a President by our Constitution, few are more serious or more consequential than selecting a Supreme Court justice. The members of our highest court are granted life tenure, often serving long after the Presidents who appointed them. And they are charged with the vital task of applying principles put to paper more than 20 [sic] centuries ago to some of the most difficult questions of our time.

So I don't take this decision lightly. I've made it only after deep reflection and careful deliberation. While there are many qualities that I admire in judges across the spectrum of judicial philosophy, and that I seek in my own nominee, there are few that stand out that I just want to mention.

First and foremost is a rigorous intellect -- a mastery of the law, an ability to hone in on the key issues and provide clear answers to complex legal questions. Second is a recognition of the limits of the judicial role, an understanding that a judge's job is to interpret, not make, law; to approach decisions without any particular ideology or agenda, but rather a commitment to impartial justice; a respect for precedent and a determination to faithfully apply the law to the facts at hand.

These two qualities are essential, I believe, for anyone who would sit on our nation's highest court. And yet, these qualities alone are insufficient. We need something more. For as Supreme Court Justice Oliver Wendell Holmes once said, "The life of the law has not been logic; it has been experience." Experience being tested by obstacles and barriers, by hardship and misfortune; experience insisting, persisting, and ultimately overcoming those barriers. It is experience that can give a person a common touch and a sense of compassion; an understanding of how the world works and how ordinary people live. And that is why it is a necessary ingredient in the kind of justice we need on the Supreme Court.

The process of reviewing and selecting a successor to Justice Souter has been rigorous and comprehensive, not least because of the standard that Justice Souter himself has set with his formidable intellect and fair-mindedness and decency. I've sought the advice of members of Congress on both sides of the aisle, including every member of the Senate Judiciary Committee. My team has reached out to constitutional scholars, advocacy organizations, and bar associations representing an array of interests and opinions. And I want to thank members of my staff and administration who've worked so hard and given so much of their time as part of this effort.

After completing this exhaustive process, I have decided to nominate an inspiring woman who I believe will make a great justice: Judge Sonia Sotomayor of the great state of New York. (Applause.)

Over a distinguished career that spans three decades, Judge Sotomayor has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice.

It's a measure of her qualities and her qualifications that Judge Sotomayor was nominated to the U.S. District Court by a Republican President, George H.W. Bush, and promoted to the Federal Court of Appeals by a Democrat, Bill Clinton. Walking in the door she would bring more experience on the bench, and more varied experience on the bench, than anyone currently serving on the United States Supreme Court had when they were appointed.

Judge Sotomayor is a distinguished graduate of two of America's leading universities. She's been a big-city prosecutor and a corporate litigator. She spent six years as a trial judge on the U.S. District Court, and would replace Justice Souter as the only justice with experience as a trial judge, a perspective that would enrich the judgments of the Court.

For the past 11 years she has been a judge on the Court of Appeals for the Second Circuit of New York, one of the most demanding circuits in the country. There she has handed down decisions on a range of constitutional and legal questions that are notable for their careful reasoning, earning the respect of colleagues on the bench, the admiration of many lawyers who argue cases in her court, and the adoration of her clerks who look to her as a mentor.

During her tenure on the District Court, she presided over roughly 450 cases. One case in particular involved a matter of enormous concern to many Americans, including me: the baseball strike of 1994-1995. (Laughter.) In a decision that reportedly took her just 15 minutes to announce, a swiftness much appreciated by baseball fans everywhere -- (laughter) -- she issued an injunction that helped end the strike. Some say that Judge Sotomayor saved baseball. (Applause.)

Judge Sotomayor came to the District Court from a law firm where she was a partner focused on complex commercial litigation, gaining insight into the workings of a global economy. Before that she was a prosecutor in the Manhattan DA's office, serving under the legendary Robert Morgenthau, an early mentor of Sonia's who still sings her praises today. There, Sonia learned what crime can do to a family and a community, and what it takes to fight it. It's a career that has given her not only a sweeping overview of the American judicial system, but a practical understanding of how the law works in the everyday lives of the American people.

But as impressive and meaningful as Judge Sotomayor's sterling credentials in the law is her own extraordinary journey. Born in the South Bronx, she was raised in a housing project not far from Yankee Stadium, making her a lifelong Yankee's fan. I hope this will not disqualify her -- (laughter) -- in the eyes of the New Englanders in the Senate. (Laughter.)

Sonia's parents came to New York from Puerto Rico during the second world war, her mother as part of the Women's Army Corps. And, in fact, her mother is here today and I'd like us all to acknowledge Sonia's mom. (Applause.) Sonia's mom has been a little choked up. (Laughter.) But she, Sonia's mother, began a family tradition of giving back to this country. Sonia's father was a factory worker with a 3rd-grade education who didn't speak English. But like Sonia's mother, he had a willingness to work hard, a strong sense of family, and a belief in the American Dream.

When Sonia was nine, her father passed away. And her mother worked six days a week as a nurse to provide for Sonia and her brother -- who is also here today, is a doctor and a terrific success in his own right. But Sonia's mom bought the only set of encyclopedias in the neighborhood, sent her children to a Catholic school called Cardinal Spellman out of the belief that with a good education here in America all things are possible.

With the support of family, friends, and teachers, Sonia earned scholarships to Princeton, where she graduated at the top of her class, and Yale Law School, where she was an editor of the Yale Law Journal, stepping onto the path that led her here today.

Along the way she's faced down barriers, overcome the odds, lived out the American Dream that brought her parents here so long ago. And even as she has accomplished so much in her life, she has never forgotten where she began, never lost touch with the community that supported her.

What Sonia will bring to the Court, then, is not only the knowledge and experience acquired over a course of a brilliant legal career, but the wisdom accumulated from an inspiring life's journey.

It's my understanding that Judge Sotomayor's interest in the law was sparked as a young girl by reading the Nancy Drew series -- (laughter) -- and that when she was diagnosed with diabetes at the age of eight, she was informed that people with diabetes can't grow up to be police officers or private investigators like Nancy Drew. And that's when she was told she'd have to scale back her dreams.

Well, Sonia, what you've shown in your life is that it doesn't matter where you come from, what you look like, or what challenges life throws your way -- no dream is beyond reach in the United States of America.

And when Sonia Sotomayor ascends those marble steps to assume her seat on the highest court of the land, America will have taken another important step towards realizing the ideal that is etched above its entrance: Equal justice under the law.

I hope the Senate acts in a bipartisan fashion, as it has in confirming Judge Sotomayor twice before, and as swiftly as possible so that she can take her seat on the Court in September and participate in deliberations as the Court chooses which cases it will hear this coming year.

And with that, I'd like all of you to give a warm greeting as I invite Judge Sotomayor to say a few words. (Applause.)

JUDGE SOTOMAYOR: I was just counseled not to be nervous. (Laughter.) That's almost impossible. (Laughter.)

Thank you, Mr. President, for the most humbling honor of my life. You have nominated me to serve on the country's highest court, and I am deeply moved.

I could not, in the few minutes I have today, mention the names of the many friends and family who have guided and supported me throughout my life and who have been instrumental in helping me realize my dreams. I see many of those faces in this room. Each of you, whom I love deeply, will know that my heart today is bursting with gratitude for all you have done for me.

The President has said to you that I bring my family. In the audience is my brother, Juan Sotomayor -- he's a physician in Syracuse, New York; my sister-in-law, Tracey; my niece, Kylie -- she looks like me -- (laughter) -- my twin nephews, Conner and Corey. I stand on the shoulders of countless people, yet there is one extraordinary person who is my life aspiration -- that person is my mother, Celina Sotomayor. (Applause.)

My mother has devoted her life to my brother and me, and as the President mentioned, she worked often two jobs to help support us after Dad died. I have often said that I am all I am because of her, and I am only half the woman she is.

Sitting next to her is Omar Lopez, my mom's husband and a man whom I have grown to adore. I thank you for all that you have given me and continue to give me. I love you. (Applause.)

I chose to be a lawyer, and ultimately a judge, because I find endless challenge in the complexities of the law. I firmly believe in the rule of law as the foundation for all of our basic rights. For as long as I can remember, I have been inspired by the achievement of our Founding Fathers. They set forth principles that have endured for more than two centuries. Those principles are as meaningful and relevant in each generation as the generation before. It would be a profound privilege for me to play a role in applying those principles to the questions and controversies we face today.

Although I grew up in very modest and challenging circumstances, I consider my life to be immeasurably rich. I was raised in a Bronx public housing project, but studied at two of the nation's finest universities. I did work as an assistant district attorney, prosecuting violent crimes that devastate our communities. But then I joined a private law firm and worked with international corporations doing business in the United States. I have had the privilege of serving as a Federal District Court trial judge, and am now serving as a Federal Appellate Circuit Court judge.

This wealth of experiences, personal and professional, have helped me appreciate the variety of perspectives that present themselves in every case that I hear. It has helped me to understand, respect, and respond to the concerns and arguments of all litigants who appear before me, as well as to the views of my colleagues on the bench. I strive never to forget the real-world consequences of my decisions on individuals, businesses, and government.

It is a daunting feeling to be here. Eleven years ago, during my confirmation process for appointment to the Second Circuit, I was given a private tour of the White House. It was an overwhelming experience for a kid from the South Bronx. Yet never in my wildest childhood imaginings did I ever envision that moment, let alone did I ever dream that I would live this moment.

Mr. President, I greatly appreciate the honor you are giving me, and I look forward to working with the Senate in the confirmation process. I hope that as the Senate and the American people learn more about me they will see that I am an ordinary person who has been blessed with extraordinary opportunities and experiences. Today is one of those experiences.

Thank you again, sir. (Applause.)

B4B

THE WHITE HOUSE

Office of the Press Secretary

__________________________________________________________________________________________________________________

May 20, 2009

Remarks of President Barack Obama – As Prepared for Delivery

Protecting Our Security and Our Values

National Archives Museum

Washington, D.C.

May 21, 2009

These are extraordinary times for our country. We are confronting an historic economic crisis. We are fighting two wars. We face a range of challenges that will define the way that Americans will live in the 21^st century. There is no shortage of work to be done, or responsibilities to bear.

And we have begun to make progress. Just this week, we have taken steps to protect American consumers and homeowners, and to reform our system of government contracting so that we better protect our people while spending our money more wisely. The engines of our economy are slowly beginning to turn, and we are working toward historic reform of health care and energy. I welcome the hard work that has been done by the Congress on these and other issues.

In the midst of all these challenges, however, my single most important responsibility as President is to keep the American people safe. That is the first thing that I think about when I wake up in the morning. It is the last thing that I think about when I go to sleep at night.

This responsibility is only magnified in an era when an extremist ideology threatens our people, and technology gives a handful of terrorists the potential to do us great harm. We are less than eight years removed from the deadliest attack on American soil in our history. We know that al Qaeda is actively planning to attack us again. We know that this threat will be with us for a long time, and that we must use all elements of our power to defeat it.

Already, we have taken several steps to achieve that goal. For the first time since 2002, we are providing the necessary resources and strategic direction to take the fight to the extremists who attacked us on 9/11 in Afghanistan and Pakistan. We are investing in the 21^st century military and intelligence capabilities that will allow us to stay one step ahead of a nimble enemy. We have re-energized a global non-proliferation regime to deny the world’s most dangerous people access to the world’s deadliest weapons, and launched an effort to secure all loose nuclear materials within four years. We are better protecting our border, and increasing our preparedness for any future attack or natural disaster. We are building new partnerships around the world to disrupt, dismantle, and defeat al Qaeda and its affiliates. And we have renewed American diplomacy so that we once again have the strength and standing to truly lead the world.

These steps are all critical to keeping America secure. But I believe with every fiber of my being that in the long run we also cannot keep this country safe unless we enlist the power of our most fundamental values. The documents that we hold in this very hall – the Declaration of Independence, the Constitution, the Bill of Rights –are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality and dignity in the world.

I stand here today as someone whose own life was made possible by these documents. My father came to our shores in search of the promise that they offered. My mother made me rise before dawn to learn of their truth when I lived as a child in a foreign land. My own American journey was paved by generations of citizens who gave meaning to those simple words – “to form a more perfect union.” I have studied the Constitution as a student; I have taught it as a teacher; I have been bound by it as a lawyer and legislator. I took an oath to preserve, protect and defend the Constitution as Commander-in-Chief, and as a citizen, I know that we must never – ever – turn our back on its enduring principles for expedience sake.

I make this claim not simply as a matter of idealism. We uphold our most cherished values not only because doing so is right, but because it strengthens our country and keeps us safe. Time and again, our values have been our best national security asset – in war and peace; in times of ease and in eras of upheaval.

Fidelity to our values is the reason why the United States of America grew from a small string of colonies under the writ of an empire to the strongest nation in the world.

It is the reason why enemy soldiers have surrendered to us in battle, knowing they’d receive better treatment from America’s armed forces than from their own government.

It is the reason why America has benefited from strong alliances that amplified our power, and drawn a sharp and moral contrast with our adversaries.

It is the reason why we’ve been able to overpower the iron fist of fascism, outlast the iron curtain of communism, and enlist free nations and free people everywhere in common cause and common effort.

From Europe to the Pacific, we have been a nation that has shut down torture chambers and replaced tyranny with the rule of law. That is who we are. And where terrorists offer only the injustice of disorder and destruction, America must demonstrate that our values and institutions are more resilient than a hateful ideology.

After 9/11, we knew that we had entered a new era – that enemies who did not abide by any law of war would present new challenges to our application of the law; that our government would need new tools to protect the American people, and that these tools would have to allow us to prevent attacks instead of simply prosecuting those who try to carry them out.

Unfortunately, faced with an uncertain threat, our government made a series of hasty decisions. And I believe that those decisions were motivated by a sincere desire to protect the American people. But I also believe that – too often – our government made decisions based upon fear rather than foresight, and all too often trimmed facts and evidence to fit ideological predispositions. Instead of strategically applying our power and our principles, we too often set those principles aside as luxuries that we could no longer afford. And in this season of fear, too many of us – Democrats and Republicans; politicians, journalists and citizens – fell silent.

In other words, we went off course. And this is not my assessment alone. It was an assessment that was shared by the American people, who nominated candidates for President from both major parties who, despite our many differences, called for a new approach – one that rejected torture, and recognized the imperative of closing the prison at Guantanamo Bay.

Now let me be clear: we are indeed at war with al Qaeda and its affiliates. We do need to update our institutions to deal with this threat. But we must do so with an abiding confidence in the rule of law and due process; in checks and balances and accountability. For reasons that I will explain, the decisions that were made over the last eight years established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable – a framework that failed to rely on our legal traditions and time-tested institutions; that failed to use our values as a compass. And that is why I took several steps upon taking office to better protect the American people.

First, I banned the use of so-called enhanced interrogation techniques by the United States of America.

I know some have argued that brutal methods like water-boarding were necessary to keep us safe. I could not disagree more. As Commander-in-Chief, I see the intelligence, I bear responsibility for keeping this country safe, and I reject the assertion that these are the most effective means of interrogation. What’s more, they undermine the rule of law. They alienate us in the world. They serve as a recruitment tool for terrorists, and increase the will of our enemies to fight us, while decreasing the will of others to work with America. They risk the lives of our troops by making it less likely that others will surrender to them in battle, and more likely that Americans will be mistreated if they are captured. In short, they did not advance our war and counter-terrorism efforts – they undermined them, and that is why I ended them once and for all.

The arguments against these techniques did not originate from my Administration. As Senator McCain once said, torture “serves as a great propaganda tool for those who recruit people to fight against us.” And even under President Bush, there was recognition among members of his Administration – including a Secretary of State, other senior officials, and many in the military and intelligence community – that those who argued for these tactics were on the wrong side of the debate, and the wrong side of history. We must leave these methods where they belong – in the past. They are not who we are. They are not America.

The second decision that I made was to order the closing of the prison camp at Guantanamo Bay.

For over seven years, we have detained hundreds of people at Guantanamo. During that time, the system of Military Commissions at Guantanamo succeeded in convicting a grand total of three suspected terrorists. Let me repeat that: three convictions in over seven years. Instead of bringing terrorists to justice, efforts at prosecution met setbacks, cases lingered on, and in 2006 the Supreme Court invalidated the entire system. Meanwhile, over five hundred and twenty-five detainees were released from Guantanamo under the Bush Administration. Let me repeat that: two-thirds of the detainees were released before I took office and ordered the closure of Guantanamo.

There is also no question that Guantanamo set back the moral authority that is America’s strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. Indeed, part of the rationale for establishing Guantanamo in the first place was the misplaced notion that a prison there would be beyond the law – a proposition that the Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter-terrorism, Guantanamo became a symbol that helped al Qaeda recruit terrorists to its cause. Indeed, the existence of Guantanamo likely created more terrorists around the world than it ever detained.

So the record is clear: rather than keep us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. It sets back the willingness of our allies to work with us in fighting an enemy that operates in scores of countries. By any measure, the costs of keeping it open far exceed the complications involved in closing it. That is why I argued that it should be closed throughout my campaign. And that is why I ordered it closed within one year.

The third decision that I made was to order a review of all the pending cases at Guantanamo.

I knew when I ordered Guantanamo closed that it would be difficult and complex. There are 240 people there who have now spent years in legal limbo. In dealing with this situation, we do not have the luxury of starting from scratch. We are cleaning up something that is – quite simply – a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant basis, and that consumes the time of government officials whose time should be spent on better protecting our country.

Indeed, the legal challenges that have sparked so much debate in recent weeks in Washington would be taking place whether or not I decided to close Guantanamo. For example, the court order to release seventeen Uighur detainees took place last fall – when George Bush was President. The Supreme Court that invalidated the system of prosecution at Guantanamo in 2006 was overwhelmingly appointed by Republican Presidents. In other words, the problem of what to do with Guantanamo detainees was not caused by my decision to close the facility; the problem exists because of the decision to open Guantanamo in the first place.

There are no neat or easy answers here. But I can tell you that the wrong answer is to pretend like this problem will go away if we maintain an unsustainable status quo. As President, I refuse to allow this problem to fester. Our security interests won’t permit it. Our courts won’t allow it. And neither should our conscience.

Now, over the last several weeks, we have seen a return of the politicization of these issues that have characterized the last several years. I understand that these problems arouse passions and concerns. They should. We are confronting some of the most complicated questions that a democracy can face. But I have no interest in spending our time re-litigating the policies of the last eight years. I want to solve these problems, and I want to solve them together as Americans.

And we will be ill-served by some of the fear-mongering that emerges whenever we discuss this issue. Listening to the recent debate, I’ve heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country. So I want to take this opportunity to lay out what we are doing, and how we intend to resolve these outstanding issues. I will explain how each action that we are taking will help build a framework that protects both the American people and the values that we hold dear. And I will focus on two broad areas: first, issues relating to Guantanamo and our detention policy; second, issues relating to security and transparency.

Let me begin by disposing of one argument as plainly as I can: we are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders – highly secure prisons that ensure the public safety. As we make these decisions, bear in mind the following fact: nobody has ever escaped from one of our federal “supermax” prisons, which hold hundreds of convicted terrorists. As Senator Lindsey Graham said: “The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational.”

We are currently in the process of reviewing each of the detainee cases at Guantanamo to determine the appropriate policy for dealing with them. As we do so, we are acutely aware that under the last Administration, detainees were released only to return to the battlefield. That is why we are doing away with the poorly planned, haphazard approach that let those detainees go in the past. Instead, we are treating these cases with the care and attention that the law requires and our security demands. Going forward, these cases will fall into five distinct categories.

First, when feasible, we will try those who have violated American criminal laws in federal courts – courts provided for by the United States Constitution. Some have derided our federal courts as incapable of handling the trials of terrorists. They are wrong. Our courts and juries of our citizens are tough enough to convict terrorists, and the record makes that clear. Ramzi Yousef tried to blow up the World Trade Center – he was convicted in our courts, and is serving a life sentence in U.S. prison. Zaccarias Moussaoui has been identified as the 20th 9/11 hijacker – he was convicted in our courts, and he too is serving a life sentence in prison. If we can try those terrorists in our courts and hold them in our prisons, then we can do the same with detainees from Guantanamo.

Recently, we prosecuted and received a guilty plea from a detainee – al-Marri – in federal court after years of legal confusion. We are preparing to transfer another detainee to the Southern District of New York, where he will face trial on charges related to the 1998 bombings of our embassies in Kenya and Tanzania – bombings that killed over 200 people. Preventing this detainee from coming to our shores would prevent his trial and conviction. And after over a decade, it is time to finally see that justice is served, and that is what we intend to do.

The second category of cases involves detainees who violate the laws of war and are best tried through Military Commissions. Military commissions have a history in the United States dating back to George Washington and the Revolutionary War. They are an appropriate venue for trying detainees for violations of the laws of war. They allow for the protection of sensitive sources and methods of intelligence-gathering; for the safety and security of participants; and for the presentation of evidence gathered from the battlefield that cannot be effectively presented in federal Courts.

Now, some have suggested that this represents a reversal on my part. They are wrong. In 2006, I did strongly oppose legislation proposed by the Bush Administration and passed by the Congress because it failed to establish a legitimate legal framework, with the kind of meaningful due process and rights for the accused that could stand up on appeal. I did, however, support the use of military commissions to try detainees, provided there were several reforms. And those are the reforms that we are making.

Instead of using the flawed Commissions of the last seven years, my Administration is bringing our Commissions in line with the rule of law. The rule will no longer permit us to use as evidence statements that have been obtained using cruel, inhuman, or degrading interrogation methods. We will no longer place the burden to prove that hearsay is unreliable on the opponent of the hearsay. And we will give detainees greater latitude in selecting their own counsel, and more protections if they refuse to testify. These reforms – among others – will make our Military Commissions a more credible and effective means of administering justice, and I will work with Congress and legal authorities across the political spectrum on legislation to ensure that these Commissions are fair, legitimate, and effective.

The third category of detainees includes those who we have been ordered released by the courts. Let me repeat what I said earlier: this has absolutely nothing to do with my decision to close Guantanamo. It has to do with the rule of law. The courts have found that there is no legitimate reason to hold twenty-one of the people currently held at Guantanamo. Twenty of these findings took place before I came into office. The United States is a nation of laws, and we must abide by these rulings.

The fourth category of cases involves detainees who we have determined can be transferred safely to another country. So far, our review team has approved fifty detainees for transfer. And my Administration is in ongoing discussions with a number of other countries about the transfer of detainees to their soil for detention and rehabilitation.

Finally, there remains the question of detainees at Guantanamo who cannot be prosecuted yet who pose a clear danger to the American people.

I want to be honest: this is the toughest issue we will face. We are going to exhaust every avenue that we have to prosecute those at Guantanamo who pose a danger to our country. But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States. Examples of that threat include people who have received extensive explosives training at al Qaeda training camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans. These are people who, in effect, remain at war with the United States.

As I said, I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. However, we must recognize that these detention policies cannot be unbounded. That is why my Administration has begun to reshape these standards to ensure they are in line with the rule of law. We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don’t make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.

I know that creating such a system poses unique challenges. Other countries have grappled with this question, and so must we. But I want to be very clear that our goal is to construct a legitimate legal framework for Guantanamo detainees – not to avoid one. In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so going forward, my Administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution.

As our efforts to close Guantanamo move forward, I know that the politics in Congress will be difficult. These issues are fodder for 30-second commercials and direct mail pieces that are designed to frighten. I get it. But if we continue to make decisions from within a climate of fear, we will make more mistakes. And if we refuse to deal with these issues today, then I guarantee you that they will be an albatross around our efforts to combat terrorism in the future. I have confidence that the American people are more interested in doing what is right to protect this country than in political posturing. I am not the only person in this city who swore an oath to uphold the Constitution – so did each and every member of Congress. Together we have a responsibility to enlist our values in the effort to secure our people, and to leave behind the legacy that makes it easier for future Presidents to keep this country safe.

The second set of issues that I want to discuss relates to security and transparency.

National security requires a delicate balance. Our democracy depends upon transparency, but some information must be protected from public disclosure for the sake of our security – for instance, the movements of our troops; our intelligence-gathering; or the information we have about a terrorist organization and its affiliates. In these and other cases, lives are at stake.

Several weeks ago, as part of an ongoing court case, I released memos issued by the previous Administration’s Office of Legal Counsel. I did not do this because I disagreed with the enhanced interrogation techniques that those memos authorized, or because I reject their legal rationale – although I do on both counts. I released the memos because the existence of that approach to interrogation was already widely known, the Bush Administration had acknowledged its existence, and I had already banned those methods. The argument that somehow by releasing those memos, we are providing terrorists with information about how they will be interrogated is unfounded – we will not be interrogating terrorists using that approach, because that approach is now prohibited.

In short, I released these memos because there was no overriding reason to protect them. And the ensuing debate has helped the American people better understand how these interrogation methods came to be authorized and used.

On the other hand, I recently opposed the release of certain photographs that were taken of detainees by U.S. personnel between 2002 and 2004. Individuals who violated standards of behavior in these photos have been investigated and held accountable. There is no debate as to whether what is reflected in those photos is wrong, and nothing has been concealed to absolve perpetrators of crimes. However, it was my judgment – informed by my national security team – that releasing these photos would inflame anti-American opinion, and allow our enemies to paint U.S. troops with a broad, damning and inaccurate brush, endangering them in theaters of war.

In short, there is a clear and compelling reason to not release these particular photos. There are nearly 200,000 Americans who are serving in harm’s way, and I have a solemn responsibility for their safety as Commander-in-Chief. Nothing would be gained by the release of these photos that matters more than the lives of our young men and women serving in harm’s way.

In each of these cases, I had to strike the right balance between transparency and national security. This balance brings with it a precious responsibility. And there is no doubt that the American people have seen this balance tested. In the images from Abu Ghraib and the brutal interrogation techniques made public long before I was President, the American people learned of actions taken in their name that bear no resemblance to the ideals that generations of Americans have fought for. And whether it was the run-up to the Iraq War or the revelation of secret programs, Americans often felt like part of the story had been unnecessarily withheld from them. That causes suspicion to build up. That leads to a thirst for accountability.

I ran for President promising transparency, and I meant what I said. That is why, whenever possible, we will make information available to the American people so that they can make informed judgments and hold us accountable. But I have never argued – and never will – that our most sensitive national security matters should be an open book. I will never abandon – and I will vigorously defend – the necessity of classification to defend our troops at war; to protect sources and methods; and to safeguard confidential actions that keep the American people safe. And so, whenever we cannot release certain information to the public for valid national security reasons, I will insist that there is oversight of my actions – by Congress or by the courts.

We are launching a review of current policies by all of those agencies responsible for the classification of documents to determine where reforms are possible, and to assure that the other branches of government will be in a position to review executive branch decisions on these matters. Because in our system of checks and balances, someone must always watch over the watchers – especially when it comes to sensitive information.

Along those same lines, my Administration is also confronting challenges to what is known as the "State Secrets" privilege. This is a doctrine that allows the government to challenge legal cases involving secret programs. It has been used by many past Presidents – Republican and Democrat – for many decades. And while this principle is absolutely necessary to protect national security, I am concerned that it has been over-used. We must not protect information merely because it reveals the violation of a law or embarrasses the government. That is why my Administration is nearing completion of a thorough review of this practice.

We plan to embrace several principles for reform. We will apply a stricter legal test to material that can be protected under the State Secrets privilege. We will not assert the privilege in court without first following a formal process, including review by a Justice Department committee and the personal approval of the Attorney General. Finally, each year we will voluntarily report to Congress when we have invoked the privilege and why, because there must be proper oversight of our actions.

On all of these matter related to the disclosure of sensitive information, I wish I could say that there is a simple formula. But there is not. These are tough calls involving competing concerns, and they require a surgical approach. But the common thread that runs through all of my decisions is simple: we will safeguard what we must to protect the American people, but we will also ensure the accountability and oversight that is the hallmark of our constitutional system. I will never hide the truth because it is uncomfortable. I will deal with Congress and the courts as co-equal branches of government. I will tell the American people what I know and don’t know, and when I release something publicly or keep something secret, I will tell you why.

In all of the areas that I have discussed today, the policies that I have proposed represent a new direction from the last eight years. To protect the American people and our values, we have banned enhanced interrogation techniques. We are closing the prison at Guantanamo. We are reforming Military Commissions, and we will pursue a new legal regime to detain terrorists. We are declassifying more information and embracing more oversight of our actions, and narrowing our use of the State Secrets privilege. These are dramatic changes that will put our approach to national security on a surer, safer and more sustainable footing, and their implementation will take time.

There is a core principle that we will apply to all of our actions: even as we clean up the mess at Guantanamo, we will constantly re-evaluate our approach, subject our decisions to review from the other branches of government, and seek the strongest and most sustainable legal framework for addressing these issues in the long-term. By doing that, we can leave behind a legacy that outlasts my Administration, and that endures for the next President and the President after that; a legacy that protects the American people, and enjoys broad legitimacy at home and abroad.

That is what I mean when I say that we need to focus on the future. I recognize that many still have a strong desire to focus on the past. When it comes to the actions of the last eight years, some Americans are angry; others want to re-fight debates that have been settled, most clearly at the ballot box in November. And I know that these debates lead directly to a call for a fuller accounting, perhaps through an Independent Commission.

I have opposed the creation of such a Commission because I believe that our existing democratic institutions are strong enough to deliver accountability. The Congress can review abuses of our values, and there are ongoing inquiries by the Congress into matters like enhanced interrogation techniques. The Department of Justice and our courts can work through and punish any violations of our laws.

I understand that it is no secret that there is a tendency in Washington to spend our time pointing fingers at one another. And our media culture feeds the impulses that lead to a good fight. Nothing will contribute more to that than an extended re-litigation of the last eight years. Already, we have seen how that kind of effort only leads those in Washington to different sides laying blame, and can distract us from focusing our time, our effort, and our politics on the challenges of the future.

We see that, above all, in how the recent debate has been obscured by two opposite and absolutist ends. On one side of the spectrum, there are those who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency. On the other end of the spectrum, there are those who embrace a view that can be summarized in two words: “anything goes.” Their arguments suggest that the ends of fighting terrorism can be used to justify any means, and that the President should have blanket authority to do whatever he wants – provided that it is a President with whom they agree.

Both sides may be sincere in their views, but neither side is right. The American people are not absolutist, and they don’t elect us to impose a rigid ideology on our problems. They know that we need not sacrifice our security for our values, nor sacrifice our values for our security, so long as we approach difficult questions with honesty, and care, and a dose of common sense. That, after all, is the unique genius of America. That is the challenge laid down by our Constitution. That has been the source of our strength through the ages. That is what makes the United States of America different as a nation.

I can stand here today, as President of the United States, and say without exception or equivocation that we do not torture, and that we will vigorously protect our people while forging a strong and durable framework that allows us to fight terrorism while abiding by the rule of law. Make no mistake: if we fail to turn the page on the approach that was taken over the past several years, then I will not be able to say that as President. And if we cannot stand for those core values, then we are not keeping faith with the documents that are enshrined in this hall.

The Framers who drafted the Constitution could not have foreseen the challenges that have unfolded over the last two hundred and twenty two years. But our Constitution has endured through secession and civil rights – through World War and Cold War – because it provides a foundation of principles that can be applied pragmatically; it provides a compass that can help us find our way. It hasn’t always been easy. We are an imperfect people. Every now and then, there are those who think that America’s safety and success requires us to walk away from the sacred principles enshrined in this building. We hear such voices today. But the American people have resisted that temptation. And though we have made our share of mistakes and course corrections, we have held fast to the principles that have been the source of our strength, and a beacon to the world.

Now, this generation faces a great test in the specter of terrorism. Unlike the Civil War or World War II, we cannot count on a surrender ceremony to bring this journey to an end. Right now, in distant training camps and in crowded cities, there are people plotting to take American lives. That will be the case a year from now, five years from now, and – in all probability – ten years from now. Neither I nor anyone else can standing here today can say that there will not be another terrorist attack that takes American lives. But I can say with certainty that my Administration – along with our extraordinary troops and the patriotic men and women who defend our national security – will do everything in our power to keep the American people safe. And I do know with certainty that we can defeat al Qaeda. Because the terrorists can only succeed if they swell their ranks and alienate America from our allies, and they will never be able to do that if we stay true to who we are; if we forge tough and durable approaches to fighting terrorism that are anchored in our timeless ideals.

This must be our common purpose. I ran for President because I believe that we cannot solve the challenges of our time unless we solve them together. We will not be safe if we see national security as a wedge that divides America – it can and must be a cause that unites us as one people, as one nation. We have done so before in times that were more perilous than ours. We will do so once again. Thank you, God Bless you, and God bless the United States of America.

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VIDEO: President Obama, Netanyahu Meeting:
Obama "Settlements Have To Be Stopped"

"On the other hand, the fact is, is that if the people of Gaza have no hope, if they can’t even get clean water at this point, if the border closures are so tight that it is impossible for reconstruction and humanitarian efforts to take place, then that is not going to be a recipe for Israel’s long-term security or a constructive peace track to move forward".

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President Obama Enroute to Notre Dame

THE WHITE HOUSE

Office of the Press Secretary

________________________________________________________________

May 17, 2009

Remarks of President Barack Obama

Notre Dame Commencement

Sunday, May 17, 2009

Notre Dame, Indiana

Thank you, Father Jenkins for that generous introduction. You are doing an outstanding job as president of this fine institution, and your continued and courageous commitment to honest, thoughtful dialogue is an inspiration to us all.

Good afternoon Father Hesburgh, Notre Dame trustees, faculty, family, friends, and the class of 2009. I am honored to be here today, and grateful to all of you for allowing me to be part of your graduation.

I want to thank you for this honorary degree. I know it has not been without controversy. I don’t know if you’re aware of this, but these honorary degrees are apparently pretty hard to come by. So far I’m only 1 for 2 as President. Father Hesburgh is 150 for 150. I guess that’s better. Father Ted, after the ceremony, maybe you can give me some pointers on how to boost my average.

I also want to congratulate the class of 2009 for all your accomplishments. And since this is Notre Dame, I mean both in the classroom and in the competitive arena. We all know about this university’s proud and storied football team, but I also hear that Notre Dame holds the largest outdoor 5-on-5 basketball tournament in the world – Bookstore Basketball.

Now this excites me. I want to congratulate the winners of this year’s tournament, a team by the name of “Hallelujah Holla Back.” Well done. Though I have to say, I am personally disappointed that the “Barack O’Ballers” didn’t pull it out. Next year, if you need a 6’2” forward with a decent jumper, you know where I live.

Every one of you should be proud of what you have achieved at this institution. One hundred and sixty three classes of Notre Dame graduates have sat where you are today. Some were here during years that simply rolled into the next without much notice or fanfare – periods of relative peace and prosperity that required little by way of sacrifice or struggle.

You, however, are not getting off that easy. Your class has come of age at a moment of great consequence for our nation and the world – a rare inflection point in history where the size and scope of the challenges before us require that we remake our world to renew its promise; that we align our deepest values and commitments to the demands of a new age. It is a privilege and a responsibility afforded to few generations – and a task that you are now called to fulfill.

This is the generation that must find a path back to prosperity and decide how we respond to a global economy that left millions behind even before this crisis hit – an economy where greed and short-term thinking were too often rewarded at the expense of fairness, and diligence, and an honest day’s work.

We must decide how to save God’s creation from a changing climate that threatens to destroy it. We must seek peace at a time when there are those who will stop at nothing to do us harm, and when weapons in the hands of a few can destroy the many. And we must find a way to reconcile our ever-shrinking world with its ever-growing diversity – diversity of thought, of culture, and of belief.

In short, we must find a way to live together as one human family.

It is this last challenge that I’d like to talk about today. For the major threats we face in the 21^st century – whether it’s global recession or violent extremism; the spread of nuclear weapons or pandemic disease – do not discriminate. They do not recognize borders. They do not see color. They do not target specific ethnic groups.

Moreover, no one person, or religion, or nation can meet these challenges alone. Our very survival has never required greater cooperation and understanding among all people from all places than at this moment in history.

Unfortunately, finding that common ground – recognizing that our fates are tied up, as Dr. King said, in a “single garment of destiny” – is not easy. Part of the problem, of course, lies in the imperfections of man – our selfishness, our pride, our stubbornness, our acquisitiveness, our insecurities, our egos; all the cruelties large and small that those of us in the Christian tradition understand to be rooted in original sin. We too often seek advantage over others. We cling to outworn prejudice and fear those who are unfamiliar. Too many of us view life only through the lens of immediate self-interest and crass materialism; in which the world is necessarily a zero-sum game. The strong too often dominate the weak, and too many of those with wealth and with power find all manner of justification for their own privilege in the face of poverty and injustice. And so, for all our technology and scientific advances, we see around the globe violence and want and strife that would seem sadly familiar to those in ancient times.

We know these things; and hopefully one of the benefits of the wonderful education you have received is that you have had time to consider these wrongs in the world, and grown determined, each in your own way, to right them. And yet, one of the vexing things for those of us interested in promoting greater understanding and cooperation among people is the discovery that even bringing together persons of good will, men and women of principle and purpose, can be difficult.

The soldier and the lawyer may both love this country with equal passion, and yet reach very different conclusions on the specific steps needed to protect us from harm. The gay activist and the evangelical pastor may both deplore the ravages of HIV/AIDS, but find themselves unable to bridge the cultural divide that might unite their efforts. Those who speak out against stem cell research may be rooted in admirable conviction about the sacredness of life, but so are the parents of a child with juvenile diabetes who are convinced that their son’s or daughter’s hardships can be relieved.

The question, then, is how do we work through these conflicts? Is it possible for us to join hands in common effort? As citizens of a vibrant and varied democracy, how do we engage in vigorous debate? How does each of us remain firm in our principles, and fight for what we consider right, without demonizing those with just as strongly held convictions on the other side?

Nowhere do these questions come up more powerfully than on the issue of abortion.

As I considered the controversy surrounding my visit here, I was reminded of an encounter I had during my Senate campaign, one that I describe in a book I wrote called The Audacity of Hope. A few days after I won the Democratic nomination, I received an email from a doctor who told me that while he voted for me in the primary, he had a serious concern that might prevent him from voting for me in the general election. He described himself as a Christian who was strongly pro-life, but that’s not what was preventing him from voting for me.

What bothered the doctor was an entry that my campaign staff had posted on my website – an entry that said I would fight “right-wing ideologues who want to take away a woman’s right to choose.” The doctor said that he had assumed I was a reasonable person, but that if I truly believed that every pro-life individual was simply an ideologue who wanted to inflict suffering on women, then I was not very reasonable. He wrote, “I do not ask at this point that you oppose abortion, only that you speak about this issue in fair-minded words.”

Fair-minded words.

After I read the doctor’s letter, I wrote back to him and thanked him. I didn’t change my position, but I did tell my staff to change the words on my website. And I said a prayer that night that I might extend the same presumption of good faith to others that the doctor had extended to me. Because when we do that – when we open our hearts and our minds to those who may not think like we do or believe what we do – that’s when we discover at least the possibility of common ground.

That’s when we begin to say, “Maybe we won’t agree on abortion, but we can still agree that this is a heart-wrenching decision for any woman to make, with both moral and spiritual dimensions.

So let’s work together to reduce the number of women seeking abortions by reducing unintended pregnancies, and making adoption more available, and providing care and support for women who do carry their child to term. Let’s honor the conscience of those who disagree with abortion, and draft a sensible conscience clause, and make sure that all of our health care policies are grounded in clear ethics and sound science, as well as respect for the equality of women.”

Understand – I do not suggest that the debate surrounding abortion can or should go away. No matter how much we may want to fudge it – indeed, while we know that the views of most Americans on the subject are complex and even contradictory – the fact is that at some level, the views of the two camps are irreconcilable. Each side will continue to make its case to the public with passion and conviction. But surely we can do so without reducing those with differing views to caricature.

Open hearts. Open minds. Fair-minded words.

It’s a way of life that has always been the Notre Dame tradition. Father Hesburgh has long spoken of this institution as both a lighthouse and a crossroads. The lighthouse that stands apart, shining with the wisdom of the Catholic tradition, while the crossroads is where “…differences of culture and religion and conviction can co-exist with friendship, civility, hospitality, and especially love.” And I want to join him and Father Jenkins in saying how inspired I am by the maturity and responsibility with which this class has approached the debate surrounding today’s ceremony.

This tradition of cooperation and understanding is one that I learned in my own life many years ago – also with the help of the Catholic Church.

I was not raised in a particularly religious household, but my mother instilled in me a sense of service and empathy that eventually led me to become a community organizer after I graduated college. A group of Catholic churches in Chicago helped fund an organization known as the Developing Communities Project, and we worked to lift up South Side neighborhoods that had been devastated when the local steel plant closed.

It was quite an eclectic crew. Catholic and Protestant churches. Jewish and African-American organizers. Working-class black and white and Hispanic residents. All of us with different experiences. All of us with different beliefs. But all of us learned to work side by side because all of us saw in these neighborhoods other human beings who needed our help – to find jobs and improve schools. We were bound together in the service of others.

And something else happened during the time I spent in those neighborhoods. Perhaps because the church folks I worked with were so welcoming and understanding; perhaps because they invited me to their services and sang with me from their hymnals; perhaps because I witnessed all of the good works their faith inspired them to perform, I found myself drawn – not just to work with the church, but to be in the church. It was through this service that I was brought to Christ.

At the time, Cardinal Joseph Bernardin was the Archbishop of Chicago. For those of you too young to have known him, he was a kind and good and wise man. A saintly man. I can still remember him speaking at one of the first organizing meetings I attended on the South Side. He stood as both a lighthouse and a crossroads – unafraid to speak his mind on moral issues ranging from poverty, AIDS, and abortion to the death penalty and nuclear war. And yet, he was congenial and gentle in his persuasion, always trying to bring people together; always trying to find common ground. Just before he died, a reporter asked Cardinal Bernardin about this approach to his ministry. And he said, “You can’t really get on with preaching the Gospel until you’ve touched minds and hearts.”

My heart and mind were touched by the words and deeds of the men and women I worked alongside with in Chicago. And I’d like to think that we touched the hearts and minds of the neighborhood families whose lives we helped change. For this, I believe, is our highest calling.

You are about to enter the next phase of your life at a time of great uncertainty. You will be called upon to help restore a free market that is also fair to all who are willing to work; to seek new sources of energy that can save our planet; to give future generations the same chance that you had to receive an extraordinary education. And whether as a person drawn to public service, or someone who simply insists on being an active citizen, you will be exposed to more opinions and ideas broadcast through more means of communications than have ever existed before. You will hear talking heads scream on cable, read blogs that claim definitive knowledge, and watch politicians pretend to know what they’re talking about. Occasionally, you may also have the great fortune of seeing important issues debated by well-intentioned, brilliant minds. In fact, I suspect that many of you will be among those bright stars.

In this world of competing claims about what is right and what is true, have confidence in the values with which you’ve been raised and educated. Be unafraid to speak your mind when those values are at stake. Hold firm to your faith and allow it to guide you on your journey. Stand as a lighthouse.

But remember too that the ultimate irony of faith is that it necessarily admits doubt. It is the belief in things not seen. It is beyond our capacity as human beings to know with certainty what God has planned for us or what He asks of us, and those of us who believe must trust that His wisdom is greater than our own.

This doubt should not push us away from our faith. But it should humble us. It should temper our passions, and cause us to be wary of self-righteousness. It should compel us to remain open, and curious, and eager to continue the moral and spiritual debate that began for so many of you within the walls of Notre Dame. And within our vast democracy, this doubt should remind us to persuade through reason, through an appeal whenever we can to universal rather than parochial principles, and most of all through an abiding example of good works, charity, kindness, and service that moves hearts and minds.

For if there is one law that we can be most certain of, it is the law that binds people of all faiths and no faith together. It is no coincidence that it exists in Christianity and Judaism; in Islam and Hinduism; in Buddhism and humanism. It is, of course, the Golden Rule – the call to treat one another as we wish to be treated. The call to love. To serve. To do what we can to make a difference in the lives of those with whom we share the same brief moment on this Earth.

So many of you at Notre Dame – by the last count, upwards of 80% -- have lived this law of love through the service you’ve performed at schools and hospitals; international relief agencies and local charities. That is incredibly impressive, and a powerful testament to this institution. Now you must carry the tradition forward. Make it a way of life. Because when you serve, it doesn’t just improve your community, it makes you a part of your community. It breaks down walls. It fosters cooperation. And when that happens – when people set aside their differences to work in common effort toward a common good; when they struggle together, and sacrifice together, and learn from one another – all things are possible.

After all, I stand here today, as President and as an African-American, on the 55^th anniversary of the day that the Supreme Court handed down the decision in Brown v. the Board of Education. Brown was of course the first major step in dismantling the “separate but equal” doctrine, but it would take a number of years and a nationwide movement to fully realize the dream of civil rights for all of God’s children. There were freedom rides and lunch counters and Billy clubs, and there was also a Civil Rights Commission appointed by President Eisenhower. It was the twelve resolutions recommended by this commission that would ultimately become law in the Civil Rights Act of 1964.

There were six members of the commission. It included five whites and one African-American; Democrats and Republicans; two Southern governors, the dean of a Southern law school, a Midwestern university president, and your own Father Ted Hesburgh, President of Notre Dame. They worked for two years, and at times, President Eisenhower had to intervene personally since no hotel or restaurant in the South would serve the black and white members of the commission together. Finally, when they reached an impasse in Louisiana, Father Ted flew them all to Notre Dame’s retreat in Land O’Lakes, Wisconsin, where they eventually overcame their differences and hammered out a final deal.

Years later, President Eisenhower asked Father Ted how on Earth he was able to broker an agreement between men of such different backgrounds and beliefs. And Father Ted simply said that during their first dinner in Wisconsin, they discovered that they were all fishermen. And so he quickly readied a boat for a twilight trip out on the lake. They fished, and they talked, and they changed the course of history.

I will not pretend that the challenges we face will be easy, or that the answers will come quickly, or that all our differences and divisions will fade happily away. Life is not that simple. It never has been.

But as you leave here today, remember the lessons of Cardinal Bernardin, of Father Hesburgh, of movements for change both large and small. Remember that each of us, endowed with the dignity possessed by all children of God, has the grace to recognize ourselves in one another; to understand that we all seek the same love of family and the same fulfillment of a life well-lived. Remember that in the end, we are all fishermen.

If nothing else, that knowledge should give us faith that through our collective labor, and God’s providence, and our willingness to shoulder each other’s burdens, America will continue on its precious journey towards that more perfect union. Congratulations on your graduation, may God Bless you, and may God Bless the United States of America.

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