JUSTICE

Overplaying Its Hand

By denying Gitmo detainees basic legal protections, the Bush administration forced the high court to act.

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  • Posted By: NavyDave @ 11/14/2008 10:38:40 AM

    Everytime I read articles about GITMO or "illegal combatant" status I can't help but think of two of our close allies, United Kingdom and Spain, that have had attacks on their homeland. Somehow they've been able to haul the perps in front of a regular court, try them and imprison them when found guilty. All without a special status or prison in another country. Why is it that we couldn't have done this in the same way?

  • Posted By: Want A Change @ 11/12/2008 3:25:03 PM

    Due Process, Due Process, Due Process: That's the mantra that needs to stand the test of Conservatives, Neo-Cons, idiots and anyone else that thinks we have the right to hold someone indefinitely. The notion is ridiculous. If these guys are so horrible and have done horrible things then the government should have the goods on them to send them to prison: Period. Of course at this point the Bush hard-liners (read: idiots) have just created 270 very, very upset pseudo-terrorists that will go home and become the terrorists they always wished for. So, why don't we just do the Cheney thing and put a bullet thru their heads and call it a day. The GOP has created a self-fulfilling prophecy with their irresponsible actions and now Obama has to clean it up along with all the other crap they created.

  • Posted By: sprues2 @ 09/03/2008 6:15:50 PM

    Reading this, I find myself, a little puzzled. We live in a country, that allows the law to force us to wear seat belts.
    We live in a country where police forces can come to your home, on the basis of an anonymous phone call and examine your children.
    We live in a country that allows the law, to force us to move from our homes, if deemed necessary.
    We live in a country, where police forces are allowed to set up roadblocks and examine our documentation, where no probable cause exists.
    The reasoning is the same, the state has an overiding interest.
    The state, has an overriding interest? I'm so silly, that, I thought the state, existed, for my benefit.
    I'm, also,so silly, that, I think, the state, has an overriding interest, in holding these people as long as is necessary, in their judgement

  • Posted By: paulte @ 07/24/2008 10:41:13 AM

    It all revolves around the question of defining a POW. Congress should define the subjects at Gitmo as POWs or as qulaifying for POW status and that would remove them from the jurisdiction of the US Courts. The Supreme Court could only put its 2# in because the subjects were in a gray area.

  • Posted By: Cliff-N-Cali @ 06/30/2008 12:51:07 AM

    Personally I am in full support of the ruling. I believe that bringing these people to the public court system will bring the public eye back to the War on Terrorism. Sure why not? Lets let each detainee tell their story of why they will not stop fighting until the Western Society falls. Lets let them tell there story of how they were able to kill American and Allied soldiers while they conducted their war to promote their radical Islamic beliefs. Oh, yes this is really going to wake up all of you sleepy heads.

  • Posted By: Sultan Ahmed @ 06/25/2008 10:05:44 AM

    It is right to say,
    apex court was forced by repeatedly denying ,in providing basic legal rights
    to the detainees.


    Now the law of the land proceed with.

    I hope,
    Gitmo detaineed would get justice.

  • Posted By: wnzin @ 06/15/2008 1:53:21 PM

    They are not prisoners of war, they are unlawful combatants.
    The Constitution specifically states that the priveledge of habeas corpus can be removed as a right for rebellion and invasion. Terrorism is a form of rebellion.
    The military tribunal rules are posted on the web. It is a rather extensive process that prohibits evidence gained by terrorism, provides a way to appeal (which none that have been convicted have used), and provides for a variety of other rights. Those that criticize the system without referencing this document are basically spreading propaganda because they do not base their view on the actual system used.
    Perhaps the US Courts should be forced to deal with all of the captured unalwful combatants. The government has the right to have secret evidence in cases of national security even in the civilian courts. Let the courts handle it, with every case open and documented on the web, including the secret evidence that the defendents are not allowed to view. The courts will be have to either convict them or let them go. Perhaps they will let the ones that their native countries do not want back here, as they did with the Cuban terrorist. Our oh so just courts that forget real justice prosecutes those who commit crimes. Perhaps then citizens of this country will see that the far left who control so much, and complain of the injustice of our nation, with the rhetoric and demogaugery do not seek justice at all. Their form of justice considers these terrorists as right in their actions, because in their view of the world, terrorism is a form of just rebellion against what they view as this nations unjust actions. Another words, we deserve it.

    • Posted By: Braes @ 06/23/2008 1:57:33 AM

      Terrorism is not rebellion. Terrorism is a form of asymmetrical warfare. The United States are not undergoing a political rebellion that has caused a civil war to break out, and law and order descended into anarchy or military rule at the opposites. Nope rebellion is not occuring. Anyone can file a writ at the courthouse or conduct business and communication freely, as long as they don't want to fly.
      The unlawful Combatant designation was never given the weight of the treaties it attempted to abrogate.
      The highest purpose of the law is to represent us, not punish offenders. What we do and how we do it, down to dotting I's and crossing t's speaks about us.
      I have read the Military Comissions Act. It was a political CYA by the Republicans to legalize the wrongs already done.

    • Posted By: tyler214 @ 06/15/2008 10:35:19 PM

      When some of these same captives used the same tactics against the Soviet army in Afghanistan, with our weapons and our backing, they were called Freedom Fighters". Now because they have turned against us, they are "terrorists". In both cases they were fighting against an illegal invasion and occupation of their country. You can't have it both ways. Which are they, Freedom Fighters or terrorists. By your thinking, George Washington's army, often fighting without uniforms,and using guerilla tactics instead of orderly formations, were "unlawful combatants".

  • Posted By: katana0182 @ 06/14/2008 6:37:23 PM

    It's quite simple: treat them as prisoners of war, under the Geneva Conventions. The ones who have committed war crimes, try them in a civilian court, or by court martial. If they're found not guilty, they're still POWs. The ones who haven't committed war crimes, hold them as POWs until the War on Terror is over.

    Constitution protected, Geneva Conventions respected, America defended, problem solved.

    • Posted By: Braes @ 06/23/2008 1:45:09 AM

      If you had only been the Secretary of Defense. <want a really cool day job with a lot of jets?>

    • Posted By: lowelldaleyoung@msn.com @ 06/14/2008 7:11:29 PM

      katanao182, there's a lot of sense to what you say and if the Bush administration had done this from the start they would've avoided most of this mess. Yet, when you say "hold them until the War on Terror is over", I have a problem. Who makes the decision it is over? How does one tell? Look at history, bombings, political assasinations, guerrilla tactics keep on happening between traditional, declared wars. They will always happen somewhere and they will never stop. The POWS who haven't committed war criimes spend their lives in prison? Even Albert Speer, convicted of war crimes, was released.

      • Posted By: firemedic258 @ 06/15/2008 10:34:46 PM

        I agree that Katanoa182 offers an excellent solution. Try them and actually determine if they are guilty. If they are, I have no problem holding them for the rest of their lives (or even execution) since we all know that these radical Muslims will not stop until they kill all of us Americans. If you are found guilty of this, we cannot safely let you go. However, you have been given your trial. Everyone's rights were protected and America would stop looking so horrible to the rest of the world. It's hard to keep claiming that we want to champion freedom for everyone else in the world when Bush breaks the oldest legal principle of basic freedom recognized as fundamental to that same freedom.

      • Posted By: funkdome @ 06/15/2008 12:38:52 PM

        Let's just let them all go.

        Better for thousands of innocent people to be killed than risk the civil rights of a terroist, right?

        • Posted By: PuddleDuck @ 06/15/2008 7:01:46 PM

          We do it every day, in this country. We let murderers go free, to kill again, because we can't prove that they are guilty. Why not just try these guys in federal courts? The U.S. government can prosecute them, in coordination with military lawyers. If they are proven to be guilty, by a jury, they they will be sentenced accordingly. If found not guilty, they will be set free, but Bush isn't going to let that happen.
          that the pris

  • Posted By: radlib @ 06/14/2008 5:42:24 PM

    Thank God for the Constitution and the Supreme Court. Since "Gitmo" is in Cuba, on foreign territory, I hope this decision will apply to any U.S.-operated prison in the world, ending the brutal practice of "rendition."

    Any lawyers out there who care to comment?

    • Posted By: Braes @ 06/23/2008 1:41:10 AM

      Physical location is not always a matter in United States law. Many of our laws by design only require the presence of an American Citizen in any facet of the crime. <Victim, perp, co-conspirator, etc.> The argument that by not bringing them onto United States soil would somehow quiet the reach of United States law was always incredibly weak. We send to interpol warrants for detention for United States hold and lawful rendition/extradition all the time. Many of these just like Manuel Noreiga, were neither United States citizens, nor did they commit their crimes against the United States while here, but were taken from foreign soil by United States forces and handed to a Federal Court by that great liberal appeaser, Bush 41.

    • Posted By: marksgershenson @ 06/16/2008 2:37:00 AM

      they are all too afraid to comment....as a layman, I think there is going to be some heads on the chopping block after the November elections, regardless who wins...nothing would surprise me personally...

    • Posted By: Nins @ 06/15/2008 11:39:11 PM

      I am not a lawyer but I agree with you.

      Geo. W. Bush is a war criminal.

  • Posted By: randy@postmarks.com @ 06/14/2008 6:55:22 PM

    I don't understand why people like Lindsay Graham and John McCain aren't outraged by the same basic issues that offend most Americans. This is not about habeas corpus for combatants. This is about a President who's arrogance is so all consuming, he believes even his own egregious blunders are sacrosanct. The simple fact is, there are clearly documented cases where American operatives have abducted, tortured, and then incarcerated completely innocent foreign nationals. Furthermoe, these abductions have occurred not on any field of battle, but while these people have been on vacation.

    Yes, it's true in the fog of war, mistakes are made. But in one case, even after it was understood that the individual, Mr. Kurnaz, was completely innocent, the Bush administration held him at Guantanamo for an additional 4 years! How can two ostensibly honoroable members of the US Senate ignore these facts? How can they condemn a rulin by our courts which simply reaffirms some of the most basic rights we grant to even our worst criminals? By attempting to avoid accountability for these outrageous actions, they undermine the legitimate needs our military has to hold true combatants in time of war. As a Republicvan, I am ashamed of them.

    • Posted By: Nins @ 06/15/2008 11:37:21 PM

      You are right on all points, Randy. Thank you.

      • Posted By: Braes @ 06/23/2008 1:21:34 AM

        Yep, kinda down the line.

  • Posted By: funkdome @ 06/15/2008 12:36:06 PM

    What a bunch of crap. As the writer points out, there are no good solutions. No matter what we do with these terrorists the media will ascribe it to a Bush failure instead of just a difficult situation.

    For all of the moronic bleating of the Bush haters on this boiad, none of them offer any alternative mechanism for dealing with terrorists. Maybe that's because there isn't any good answer.

    • Posted By: Braes @ 06/23/2008 1:12:47 AM

      We don't know that they're terrorists for the most part, and that's the problem. The bulk of these people have been just gathered willy-nilly by the governments own account. Torture has likely elicited confessions of plans to nuke an aquarium, or take out landmarks that these shepherds couldn't pick out of a line-up.
      This isn't Bush bashing, this is a recognition of how miserably incompetent some of his help has been.
      The clown who is now the military guy on the commissions Brig. Gen Hartmann has a smaller ribbon rack than you'd find on an NCO. He was made a General to do the dirty work of getting the people the commander wants executed, dead. We didn't use Nuremburg, or our own UCMJ to set up these trials, but wrote a set of laws that are intended to produce the results the commander wants. That is why 5 of 9 justices intervened. Now the fact that we abandoned international laws and norms is why we are stuck making them up on the fly, as per the likes of John Yoo, and other advisers to this executive.
      As far as it being a bad situation, it took several years of horrid decisions to get us here. Many of those decisions were already against United States law, regardles of location. Others are against international law and treaties we are a party to.
      Now the Protecting Terrorists mantra is funny. ne of these people detained as an unlawful enemy combatant was a United States citizen who might have been comitting treason for all God knows, Jose Padilla, but because they wanted to even run him through the military system they lost in court. So it was about a citizens rights too. <Even if he was found to be a reprehensible bast@&*> This administration in trying to reinvent the wheel where law was concerned. broke the wheel and lost. What we have to hope is that we haven't actually been weakened thereby.

  • Posted By: C. MacLean @ 06/15/2008 4:54:16 PM

    Not being able to confront the evidence against you is not justice, it is a witch hunt. Anybody anywhere can accuse you of anything and you have no recourse, no way to fight back, no way to prove you might be innocent. And there is enough evidence out there that says some of these men are tragically innocent.

    And some are no doubt terrorists in the fullest sense of the word, and should be executed for war crimes. But either way, the Bush Administration took the lowest road possible when it chose to flagrantly deny any pretense of appropriate jurisprudence. What they did instead was expose themselves for the bullies they are, and gave our international reputation a blow it may take decades to repair.

    But the Supreme Court ultimately did us no favors because they didn't fully address the issue - what, exactly, is the legal status of the men held at Gitmo, and what, exactly, are their rights?

    We still don't know, we still look like bullies and thugs to the rest of the world, and the Bush Administration still doesn't understand the real reason they lost this legal battle - because they were flat out wrong.

    I wonder where Obama and McCain stand on this issue, and what they plan to do with Gitmo and the other prisons, and prisoners?

    Because clearly, neither the Court or the Administration has any good ideas.

    • Posted By: Nins @ 06/15/2008 11:45:03 PM

      At a MINIMUM these prisoners should have the rights they are given under the GENEVA CONVENTION, which is signed by the USA, but Bush conveniently ignores. And you wonder why the international community thinks we are hideous?

      The US Government with liberty and JUSTICE for all, tortures people and holds them for years without being charged, without getting trials. We, the mighty banner of liberty and freedom, torture people. Remember when we used to abhor this as inhumane, and disgraced other nations and dictators who stooped this low?

      I am a Republican and ASHAMED of my party.

      • Posted By: C. MacLean @ 06/16/2008 12:01:50 PM

        Couldn't agree more. I have been ashamed of being an American since the day Bush took office, and I'll remain ashamed until January 21, 2009, which can't come soon enough. I can't vote for McCain, but I don't believe he would have sold out the US Constitution or the Geneva Convention the way Bush, et al have.

        The real war criminals, the true terrorists, are Bush, Cheney, Rumsfeld, Rice and Gonzalez.

        • Posted By: Braes @ 06/23/2008 12:49:09 AM

          The list of those culpable under Geneva is longer than your arm in Microfilm. Look up the Yamashita Standard. Indictments in the Eurozone are already flying around over kidnappings and other illegal acts.

  • Posted By: midnight05 @ 06/17/2008 11:53:59 AM

    The Constiitution is who we are as a nation, both to ourselves and to the world at large. If we allow protections as old as that -- even oldler, going back to the Magna Carta -- to be abrogated, who are we? Are we any better than Pol Pot, Mobutu or other dictatorships?

  • Posted By: singularization @ 06/17/2008 8:36:11 AM

    bush and cheney should simply be impeached .. and perhaps even tried for treason ... enough said..

  • Posted By: midnight05 @ 06/17/2008 7:32:47 AM

    Neither Bush nor Cheney are lawyers and the lawyers around t hem are either bootlickers or graduates of a law school that teaches Christian Dominionism as part of the curriculum. Are we expecting these people to have respect for the Constitution? I don't think so. It is going to be the next Administration's job, led by a man who has taught law for years, to clean out the stables. It is nice that fivie out of nine justices thought the document had some life left in it and horrific that four did not. We need a new look at what is permitted and a new instistance on making sure the boundaries are not crossed.

    The prison at Gitmo has to be closed down and the prisoners borught to the US for trial. Not Inquisiton type trial but American style of trial. The 1993 World Trade Center bombers are tucked securely inito prison after all the safeguards the system afforded them. It has worked for over 200 years and habeas corpus has worked for over 700. Bush decided it was moot. Now we have to decide that this kind of thinking is stopped cold.

  • Posted By: olderwiser @ 06/16/2008 8:03:53 PM

    rastuso3, I don't think that you might have caught the gist of the U.S. Constitution. It is a mistake that many people make, thinking that only U.S. Citizens benefit from the Bill of Rights, the first 10 amendments. The language of the constitution says that Congress cannot pass a law infringing the protected rights. That means that whoever comes under the jurisdiction of our countries courts is protected by our constitution. This is why the administration was so desperate to find a place that they thought might let them abuse human rights. The court rightfully indicated that they are full of crap. Hope this helps.

  • Posted By: Thoughtful @ 06/16/2008 4:38:54 PM

    It's a great pity that the criminals like george w. bush, that dick, cheney, rummy, wolfowitz, rice etc.etc. won't subject themselves to that non-torture called waterboarding. These people belong in jail. That moron President bush is quite shameless. In Europe he is still embarassing this country with the nonsense he spews. All these people need to be prosecuted to the fullest extent of the law.

  • Posted By: meganodell @ 06/16/2008 2:44:06 PM

    Many analysts believe the dollar???s protracted decline is a major factor behind oil???s doubling in price over the past year.

    Too bad the Bush Administration was so pre occupied with war games to pay attention to our real threat!

  • Posted By: tjirish34 @ 06/16/2008 1:01:08 PM

    The fact is many detainees were innocent of any crime. Already a documetary out about one such detainee. I don't care who you are or what you did. Every person detained by this country (USA) should have the right to see evidence or accussers against them. That is what the foundation of our laws are based on. The fact that McCai and Obama wil closeown Gitmo speaks volumes. Oh and BTW Justice Scalia is a pr_ck. I may not agree with the conservatives on high court but I have no respect for Scalia . This guy helped decide the 2000 election and he goes duck hunting with Dick Cheny.

  • Posted By: olderwiser @ 06/15/2008 2:36:13 PM

    Please refer me to the volume which contains the, "human rights laws".

    • Posted By: marksgershenson @ 06/16/2008 2:29:28 AM

      http://en.wikipedia.org/wiki/Human_rights_law

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