What Next at Gitmo?

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  • Posted By: tejas outlaw @ 06/13/2008 10:54:02 AM

    SMACE,
    Who says these are bad people, know one has proven they are bad people, that is the problem.
    The constitution defines everything this country is about and if you don't believe it read it again.
    We would not be a democracy without it.. You talk about me being short sided your willing to keep people in prison for years without proof of any wrong doing in the name of democracy. That is rediculas.

    • Posted By: Texas-conservative @ 06/13/2008 11:21:15 AM

      Actually, the constitution (which applies to American citizens), only enumerates the specific jurisdiction and duties of each of the three branches of government, the role of states in the Union (recognizing each other's laws, etc.), describes the ratification and amending processes for the constitution, and guarantees specific protections from the government for US citizens in the first 10 amendments (called the bill of Rights).
      These document applies to US citizens, not to foreign powers who seek the desstruction of our society. Considering the condictions they were captured in, I don't think they were pulled out f their workplace selling cigarettes or something. Most detainees are held in prisons in Iraq or afganistan (thousands of them)...only so-called "high value" targets are brought to gitmo. So, yes, I believe they are bad men that military courts (which have the most accurate intel when compared to civilian lawyers) are within their rights to hold these men captive for years rather than turning them back out onto the battlefield. From what I understand, the host coutries they come from (their home coutry where they have citizenship) don't even want many of them returned to their soil.

      • Posted By: Johnsonium @ 06/13/2008 1:27:45 PM

        It doesn't apply to just citizens. You are completely wrong.

        Try this. Find a foreigner in America and then search him. After all, he's not a citizen and thus not subject to the 4th amendment, right?

        • Posted By: Texas-conservative @ 06/13/2008 2:35:06 PM

          I didn't realize that a feroeigner in America was captured on the battle field. That's what the geneva convenstions overs, not illegal aliens.

          • Posted By: Johnsonium @ 06/13/2008 2:45:59 PM

            You are the one that said, "These document applies to US citizens". Of course, that's wholly incorrect and I pointed it out.

  • Posted By: old scout @ 06/13/2008 2:16:52 PM

    The dissenting justices and the people who are critical of the majority opinion on the ground that the circustances of the campaign against terror require that we suspend habeas corpus are cowards. Not physical cowards but philosophical and political cowards. Their cowardice is manifest in their fear of trusting the constitution and the bill of rights. This cowardice is much more dangerous to our freedom than all of the terrorists who ever lived or will. Once we allow ourselves to surrender any one of the legal protections for our right to resist the government and its overreaching grip we are setting up the justification for surrendering another and another and another, until we are left with tyranny by default.

    • Posted By: Johnsonium @ 06/13/2008 2:41:45 PM

      You are 100% correct. The cons can voluntarily throw away basic American rule of law, but the rest of us are going to resist. I thought the cons were distrustful of government. They don't trust the government to run healthcare, but they'll happily trust the government's ability to unilaterally determine someone is an "enemy combatant".

      It would be poetic justice if Obama declared Bush and Cheney as enemy combatants after he's sworn in. There would be delicious irony in a Democratic president using the "unitary executive" powers against the very traitors that usurped that power in the first place.

  • Posted By: notbuyingit @ 06/13/2008 2:33:34 PM

    I know the Congress will never impeach Bush and Cheney but they should. The Gitmo ruling is a direct indictment from the highest court in the land that says Bush and his co-conspirators have committed "high crimes and misdemeanors." It is a travesty for Congress to sit back and do nothing after swearing to uphold the Constitution of the United States.

  • Posted By: donbl @ 06/13/2008 11:46:19 AM

    The issue is not GTMO but future wars and future POW's.

    Do we now need to have our soldiers take videos of the capture like police and be removed from the front lines to give testimony at a habeas hearing?

    Government always acts under the Law of Unexpected Consequences. This one will rank up there with the impact of the Ethanol.

    • Posted By: Texas-conservative @ 06/13/2008 11:52:08 AM

      You are absolutely right. We have just lost some of our capability to defend ourselves.

      Yes, and the impact of ethanol ... you are right on that one. How many countries are facing food shortages now? 30? 40?

      • Posted By: Johnsonium @ 06/13/2008 1:43:11 PM

        We have won back some of the basic rights the neocons have eroded.

        When historians look back at 9/11, they wlll comment that the most powerful affect of this heinous act was to entice the government to strip America of its basic rights. That's the long-standing tragedy resulting from the fear created by the attacks.

        • Posted By: Texas-conservative @ 06/13/2008 1:51:05 PM

          What basic rights were American stripped of?

          • Posted By: Johnsonium @ 06/13/2008 2:30:22 PM

            Privacy due to NSA monitoring. Rights under the 4th amendment (sneak and peak warrants etc.).

    • Posted By: raddave @ 06/13/2008 2:16:10 PM

      what impact has Ethanol had? Remember, it is possible to grow more corn and sugar for ethanol. It is not possible for us to replace the oil that is being used.

  • Posted By: Tony C. @ 06/13/2008 2:01:00 PM

    Hey Johnny McBush. if Bush's own hand picked puppets rule against him, just wait until the Dem. President loads the court up with liberal judges.

    • Posted By: raddave @ 06/13/2008 2:14:10 PM

      All of the Justices that Bush appointed descented with the decision. A president does not appoint a new supreme court when he becomes president. Only when a justice leaves the court does he appoint a new one.

  • Posted By: raddave @ 06/13/2008 2:10:42 PM

    this is an interesting debate going on. I will add my two cents. First this is not an issue pertaining to POWs. POWs are not put on trial, because they have not violated any law. They are detained until the conflict is over then they are re-patriated. the people in question are people that we want tried as War Criminals. As I see it we have two choices. We can either try them by a Military Tribunal, which is set up using U.S. laws (which are baesed on the constitution). Or we can turn them over to the International court, which was set up specifically to cover war crimes. Under article 4 of the Genenva Convention unlawful combatants do have the right to be, treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial" The current adminstration seems to be willing to forgo due process and a trial and go straight to the sentancing phase. If Bush truely wants to bring the "murderers to justice" then truely bring them to justice.

  • Posted By: cinesimon @ 06/13/2008 9:12:05 AM

    There is ONE person who openly admitted to having a role in 911. at Gutmo. There are MANY innocent people there. How could anybody have a problem with a court hearing if the accused openly admits the crime? The innocent people deserve to be able to argue their case. America, STAND UP for your constitution. You're heading towards McCarthyism again, and are beginning to look like a modern Soviet Union. This tedency toward fascist ideas must be stopped before it's too late - the entire world is holding it's breath to see if the US will begin stomping on anyone who disagrees. Are you REALLY like that America?

    • Posted By: buck funny @ 06/13/2008 10:26:05 AM

      What's lost in all the Bush hating, is the fact that there are BAD people at gitmo. If you think they're all innocent farmers, you're kidding yourself. They are people who don't deserve to step foot on our soil...

      • Posted By: bjpease @ 06/13/2008 1:54:09 PM

        I don't think this is lost on anyone. The point is not that we should never have apprehended anyone. The point is that these detainees deserve a trial. If they are guilty, it should be shown beyound reasonable doubt. I don't doubt that there are people at Gitmo that threaten American security. Let's handle that justly.

      • Posted By: Johnsonium @ 06/13/2008 1:38:41 PM

        They aren't all "innocent", but until we have court proceedings, we won't know which are. I don't trust the administration to tell me.

  • Posted By: Texas-conservative @ 06/13/2008 9:20:42 AM

    This was a terrible decision by the Supremem Court. This undermines fundamental constitutional principles and legal precident during a time of war. Habeas Corpus was even denied enemy soldiers during wartime prior to the constitution by British Law. I guess the 5 liberal justice know better than the last 500 years of precident. The court system, once again, is legislating fron the bench. Are soldiers now supposed to collect evidence on enemy soldiers and combatants in the battlefield? Are we going to fly soldiers to court to testify?

    This is a travesty. Why do more people not take notice that our constitution is being erroded by activist judges and the move towards socialism? You're losing your rights, folks, and not only are you allowing it to happen, you are voting for it.

    • Posted By: Johnsonium @ 06/13/2008 1:37:39 PM

      What precedent? Have we held people for 5+ years without access to due process in the past?

  • Posted By: tejas outlaw @ 06/13/2008 9:30:07 AM

    People that act like these people do not deserve trials should be locked up for a few months without a lawyer. People that just want to throw our constitution out the window because of their fear are COWARDS.
    Quit your stupid retorhic and fight for what makes America great, our Constitution. If these people are tried and found guilty then punish them accordingly,. To have prison camps where the people have no representation is a move of a Dictator. This is a democracy and even you cowards that spew your ignorant retorhic deserve a trial if your arrested. If you don't like the constitution then goto another country where dictators tell the courts what they can and can't do, where the leader of the country does not care about what the people.

    • Posted By: smace @ 06/13/2008 10:13:14 AM

      As I stated in my comment above, I have to disagree with you Tejas Outlaw. Your comment is short-sighted. America is great because of several reasons, the Constitution being one of them. We have laws for these type of war crimes. And those laws, based on our Constitution, state that war criminals are tried in military court. Hence the uproar of this decision. This decision actually flies in the face of our Constitution and there is specific precedent to uphold my opinion. Furthermore, keep in mind why these guys are "in prison camps with no representation". They're bad people who want to do great harm to us.

      • Posted By: Johnsonium @ 06/13/2008 1:36:42 PM

        What war crimes? If we had such evidence against the detainees, we would have already tried them. We swept up a large number of people, many who are innocent. Until they get their day in court, we will not know who's there legitimately and who has been unfairly detained.

  • Posted By: Texas-conservative @ 06/13/2008 9:43:58 AM

    As an American citizen, if I commit a crime I am guaranteed the right to a trial. The civil/criminal court system has not been the the jurisdiction for foreign soldiers captured on the battlefield...ever in our history. Read the dissenting comments, which uphold the rule of law. This decision flies in the face of all precident. I do believe that combatants should be tried, but is should be handled by military courts, not civilian courts.
    And this is billed as a blow to the Bush administration.
    It's yet another blow to us all.

    • Posted By: Johnsonium @ 06/13/2008 1:34:57 PM

      It's a blow to fascism.

  • Posted By: smace @ 06/13/2008 10:24:50 AM

    Fair enough cinesimon. You may be right, I'm not a lawyer, nor do I play one on TV. However again, it's a short sighted comment. Their classification isn't the point. They are there for a reason; call them what you want. The goal is to ensure that they're behavior has consequences according to the laws and principles of our country. I think Chief Justice Roberts comments below sum that up. And as far as your torture comment, see England 2006 (i think it was 2006). The "bad guys" wanted to blow up 10 planes leaving from Europe over the Atlanitc. We (and the English government) foiled that plot through our interrogation of some of these detainees. I think those 2,000 on those planes are pleased with our efforts.

    • Posted By: Johnsonium @ 06/13/2008 1:32:56 PM

      Did you torture them? If so, you should be charged in the International Criminal Court.

  • Posted By: Texas-conservative @ 06/13/2008 10:39:40 AM

    Actually they are classified as enemy combatants rather than POW's because they are not solidiers in the organized army of the occupied territory during a time of war. The enemy combatants come from neutral nations or allied nations that have normal diplomatic relations with the nation holding the prisoner and are not under the control or influence of the occupied's government, but act on the behalf of their own interests or the interests of an independent militia.

    Article 4 of the geneva conventions explicitly excludes protection for this type of militia fighter.

    Article 4 defines who is a Protected person: Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. But it explicitly excludes Nationals of a State which is not bound by the Convention and the citizens of a neutral state or an allied state if that state has normal diplomatic relations with in the State in whose hands they are.

    To say it doesn't do anything to apprehand bad guys is incorrect, because CIA agents have stated under oath during the period when Michael haden was defending the practice of waterboarding to congress that they have obtained information that had thwarted a dozen potential attacks.
    By the way, our military pilots undergo waterboarding as part of their training so that they are familiar with the experience in case they are captured in a foreign country.

    I am not a proponent of torture, I am just stating the facts as I find them...rather than having an emotional reaction to Bush's policies (and in the case of extending habeas corpus rights to foreign fighters during wartime, every other president's policy since this country was founded) or to the exsistance of Gitmo (which is used solely for the purpose of trying to save American lives).

    • Posted By: Johnsonium @ 06/13/2008 1:30:42 PM

      The administration has tried to exploit a loophole that would allow them to treat these prisoners any way they like. Thankfully, the courts are rejecting the bogus legal reasoning that was conjured to try and justify this un-American activity.

  • Posted By: stematwork @ 06/13/2008 10:34:09 AM

    regardless of how you feel about bush or the war, this decision is a disgrace and extremely dangerous. we have NEVER in our history extended habeas corpus to WAR CRIMINALS. untill now.
    in an effort to smear bush (which some may think is justified) the supreme court has re-written the constitution.

    • Posted By: Marinegrunti39 @ 06/13/2008 11:02:19 AM

      the true war criminal is Bush and it's Zionist neocons that attacked a country that never attacked or threaten us. In the process killing tens of thousands Iraqis and 4,100 Americans troops

    • Posted By: cinesimon @ 06/13/2008 10:35:16 AM

      We are not discussing war criminals...

  • Posted By: cinesimon @ 06/13/2008 10:31:46 AM

    I think you may not get much of a positive response by calling people's opinions short sighted. Bush et al are the people who made a point to changing their classification, not me! The English case had NOTHING to do with information garnered from torture. That is propaganda. INDEED bad behavior should have consequences ACCORDING TO THE VALUES AND PRINCIPLES OF YOUR COUNTRY. The constitution is just that, and the Bush administration is riding rough shod over a huge portion of tit.,

    • Posted By: smace @ 06/13/2008 10:43:44 AM

      Well, the short sighted comments are my opinion, not necessarily meant to be a bash. I just think it's a fact, just as the English case is, try the attached URL http://www.timesonline.co.uk/tol/news/uk/article576410.ece. They didn't get that info just by asking him. And while you may have a point about the propaganda, just know that while many of us may disagree with your opinion, not all of us believe THAT hype. We're debating the big bad Bush administration and they are not the issue. The issue is providing a safe environment in this great country for our kids, grandkids and their kids. Propaganda aside, there are people out there who extinguish our way of life and we need to do better than this to protect that.

  • Posted By: BrownFoxNine @ 06/13/2008 10:35:09 AM

    LOL, the Almighty Supreme court says.... LMAO, the Old fogies in the Supreme court are HERE and Gitmo is in CUBA. Yeah, right , like they are going to give a rats patuttie about what the old fogies say. More whitewash for the American Sheeple!
    http://www.FIreMe.To/udi

  • Posted By: cinesimon @ 06/13/2008 10:33:54 AM

    Aagh - not getting any visuals on the tail end of my comments - that last word is surely Murphy's law in action! Over and out btw...

  • Posted By: cinesimon @ 06/13/2008 10:30:56 AM

    I think you may not get much of a positive response by calling people's opinions short sighted. Bush et al are the people who made a point to changing their classification, not me! The English case had NOTHING to do with information garnered from torture. That is propaganda. INDEED bad behavior should have consequences ACCORDING TO THE VALUES AND PRINCIPLES OF YOUR COUNTRY. The constitution is just that, and the Bush administration is riding rough shod over a huge portion of tit.,

  • Posted By: fred54 @ 06/13/2008 10:19:31 AM

    The real reason Bush is holding these people in Gitmo without charge is because he needs
    manufactured enemies to justify his fake war on terror. The reason the regime is pushing to
    prevent these people from envoking the great writ of habeas corpus is that if thay can demand
    to see the evidence against them, Bush won't have any. The hoax will be further exposed and
    Bush's web of lies and crimes will begin to unravel even faster. What a twisted web we weave...

  • Posted By: cinesimon @ 06/13/2008 10:11:12 AM

    smace: The detainees at Gitmo are classified as 'enemy combatants', they've never been classified as war criminals. They classified them as that instead of prisoners of war, so they wouldn't be beholden to international law. So they could torture(proven most of the time to retrieve nothing but what the detainee thinks the torturer wants to hear). It certainly doesn't do a thing to help catch any bad guys! It's a completely different area.

  • Posted By: smace @ 06/13/2008 9:54:51 AM

    I have an absolute open mind on these types of matters. I'm not a lawyer and know very little about the law but I do know that our constitution states that EVERYONE, good and bad, deserves the right to a fair trail. However isn't it different for war criminals in a time of war? And while this may be the "right" decision, is it the best decision right now for our country? In other words, does this help us catch the bad guys? Unless someone out there can give me an intelligent answer to those questions, this decision seems extremely short-sighted to this American. Also, a note to the Katie Paul, you stated that this is a blow to Bush's Administration. To 90% of American's reading that, it seems this was about President Bush and again, that's extremely short sighted. Wasn't this about the Constitution of our country and the right to a fair trail? Present the facts, not your opinion.

    • Posted By: Texas-conservative @ 06/13/2008 10:08:08 AM

      Your exactly right. It is about the facts and not about the immediate tendancy to bash the current president. Chief Justice John Roberts sums up the implications of this decision in the concluding paragraph of his dissenting notes:

      So who has won? Not the detainees. The Court???s analysis
      leaves them with only the prospect of further litigation
      to determine the content of their new habeas right, followed
      by further litigation to resolve their particular cases,
      followed by further litigation before the D. C. Circuit???
      where they could have started had they invoked the DTA
      procedure. Not Congress, whose attempt to ???determine???
      through democratic means???how best??? to balance the
      security of the American people with the detainees??? liberty
      interests, see Hamdan v. Rumsfeld, 548 U. S. 557, 636
      (2006) (BREYER, J., concurring), has been unceremoniously
      brushed aside. Not the Great Writ, whose majesty is
      hardly enhanced by its extension to a jurisdictionally
      quirky outpost, with no tangible benefit to anyone. Not the
      rule of law, unless by that is meant the rule of lawyers,
      who will now arguably have a greater role than military
      and intelligence officials in shaping policy for alien enemy
      combatants. And certainly not the American people, who
      today lose a bit more control over the conduct of this Nation???s
      foreign policy to unelected, politically unaccountable
      judges.
      I respectfully dissent.

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