Trump Executive Orders Include Expanding Global Gag Rule On Abortion & Reinstating Black Site Prisons Closed Under Obama

Donald Trump’s use of executive orders have confirmed the worst fears about what we would see from a Trump presidency. Everyone who is aware of the policy assumed Trump would reinstate the global gag rule which, since Reagan, has been in place under all Republicans and reversed when Clinton and Obama were in office. This prohibits American foreign aide to organizations involved in providing abortions. What we did not anticipate, and most did not even realize immediately, was that Trump expanded this policy considerably. Michelle Goldberg did notice this and wrote in Slate:

In the past, the global gag rule meant that foreign NGOs must disavow any involvement with abortion in order to receive U.S. family planning funding. Trump’s version of the global gag rule expands the policy to all global health funding. According to Ehlers, the new rule means that rather than impacting $600 million in U.S. foreign aid, the global gag rule will affect $9.5 billion. Organizations working on AIDS, malaria, or maternal and child health will have to make sure that none of their programs involves so much as an abortion referral. Geeta Rao Gupta, a senior fellow at the United Nations Foundation who previously served as deputy executive director of UNICEF, gives the example of HIV/AIDS clinics that get U.S. funding to provide antiretrovirals: “If they’re giving advice to women on what to do if they’re pregnant and HIV positive, giving them all the options that exist, they cannot now receive money from the U.S.”

This makes Trump significantly worse than George W. Bush regarding the gag rule. Bush at least did specifically exempt support for an AIDS program, the President’s Emergency Plan for AIDS Relief (PEPFAR) from the global gag rule:

Scott Evertz, who served as director of the White House Office of National AIDS Policy under George W. Bush, tells me, “It would have been impossible to treat HIV/AIDS in the developing world as the emergency that PEPFAR said it was if the global gag rule were to be applied to the thousands of organizations with which those of us involved in PEPFAR would be working.” Evertz offers the example of a standalone health clinic in the slums of Nairobi, Kenya. Would the U.S. have to certify that it never referred any of its patients to an abortion provider before enlisting it in the fight against AIDS?  “The notion of applying the global gag rule to them would have made it impossible to implement the program,” he says.

Other executive orders involve building the border wall and curtailing immigration, limiting Obamacare, backing the Keystone XL and Dakota Access oil pipelines, and Trump is now reportedly preparing an executive order which would reopen “black site” prisons closed under Obama. The New York Times reports on the later:

The Trump administration is preparing a sweeping executive order that would clear the way for the C.I.A. to reopen overseas “black site” prisons, like those where it detained and tortured terrorism suspects before former President Barack Obama shut them down.

President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.

If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain.

Mr. Obama tried to close the prison at Guantánamo Bay, Cuba, and refused to send new detainees there, but the draft order directs the Pentagon to continue using the site “for the detention and trial of newly captured” detainees — including not just more people suspected of being members of Al Qaeda or the Taliban, like the 41 remaining detainees, but also Islamic State detainees. It does not address legal problems that might raise…

Elisa Massimino, the director of Human Rights First, denounced the draft order as “flirting with a return to the ‘enhanced interrogation program’ and the environment that gave rise to it.” She noted that numerous retired military leaders have rejected torture as “illegal, immoral and damaging to national security,” and she said that many of Mr. Trump’s cabinet nominees had seemed to share that view in their confirmation testimony.

“It would be surprising and extremely troubling if the national security cabinet officials were to acquiesce in an order like that after the assurances that they gave in their confirmation hearings,” she said.

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4 Comments

  1. 1
    Joseph Auclair says:

    I give up.

    You were right all along.

    This is so much better than having Hillary in the White House.

  2. 2
    Ron Chusid says:

    I have pointed out that both Trump and Clinton would be terrible choices, and that nominating Clinton carried a high risk of having Trump become president. Thanks to all of those who backed Clinton, we are now stuck with what Trump does.

  3. 3
    William says:

    You sure were right in warning Democrats about the risk of nominating Hillary Clinton, the only candidate so bad that she couldn't even beat Donald Trump. Well, at least we aren't at war with Russia as we might be if Clinton was president.

  4. 4
    Ron Chusid says:

    Yes, a disaster regardless of which candidate won. Short term Trump will probably be worse in terms of his executive orders. Long term I fear that Democrats might have gone along with Clinton’s triangulation, while they would resist comparable conservative policies from Trump. It is very possible that Clinton could have moved the country more to the right than Trump will be able to.

    The biggest difference might be in 2018 and 2020. Democrats have a far better chance of picking up seats in state legislatures, as well as in Congress, with Trump in the White House than Clinton. I fear that if Clinton had squeaked by, we would see a huge blood bath among Democrats in 2018 and 2020. 2020 is especially important in terms of subsequent redistricting.

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