where do you think the annointed one will take the terrorists? To get lawyers to try them like citizens of the US:shrug: I wonder why we have not been hit by another 9/11, lets think maybe the info we were getting from them, waterboard all the mofo's until they tell you more info about where we can find Osama, etc...fuckt he terrorists or kill them all and let GOD sort it out...Raising taxes and making it easier for partial birth murder, thanks Obama, oh yeah I really feel safe with terrorists coming to my country, If I hear another hoax commercial about global warming I am going to throw up, ugh...just about what I thought when he beat McLame
The next president will have to find a way to deal with the detainees
David H. Schanzer
Published: Wed, Oct. 29, 2008 12:30AMModified
Wed, Oct. 29, 2008 06:13AM
President Bush said last year that "it should be a goal of the nation to shut down Guant?namo," but it now appears this goal will be unfulfilled when he leaves office. His recent decision not to close the prison at Guant?namo Bay for aliens accused of being terrorists is regrettable.
Bush's decision represents a victory for Vice President Dick Cheney, who, according to reports, believes that keeping the prison open under a new administration would "validate" Bush's detention policies. But there is no redeeming the detention and prosecution system at Guant?namo -- a system that has produced only two convictions in seven years, has been rebuked by the Supreme Court three times and has caused four military prosecutors to step down in disgust. Colin Powell has properly urged that this symbol of injustice be shut down "this afternoon."
The next president will need different strategies for dealing with the three categories of detainees at Guant?namo:
Use of the well-respected military justice system, on the other hand, will gain us greater international respect, reduce delay and eliminate the possibility of convictions being overturned due to constitutional defects in the military commissions.
* The second group consists of detainees who our military has determined present no danger, but have not been released because we cannot find a country that will take them. The new president will have to expend some diplomatic capital on convincing our allies to share the burden of closing Guant?namo by taking custody of these individuals.
For this mission to succeed, however, we will need to avoid what happened earlier this month, when a State Department effort to place 17 Uighurs detainees abroad was undercut by Justice Department statements that they are extremely dangerous.
* The most difficult challenge is the group of detainees who the government believes are dangerous, but against whom there is insufficient admissible evidence to bring a prosecution. The Supreme Court has held that we may detain unlawful enemy combatants captured in battlefield circumstances under the law of war until hostilities have ended. The court's most recent ruling, however, gives detainees the right to challenge their status as unlawful combatants in federal court.
The best way to get out of this legal hole is to transfer these detainees to their home countries, if we can be assured they will be maintained in custody and treated humanely. Recent negotiations to transfer a large number of detainees to Yemen, for example, need to be brought to a speedy conclusion.
The remainder of the detainees should be transferred to high-security military facilities inside the United States. The government has resisted taking this step because bringing the detainees here may provide them additional rights when challenging their detentions in court and increase the possibility a judge could order detainees released here, as one judge recently did with respect to the Uighurs (a ruling that is currently being appealed).
These are low-level risks worth enduring to close the Guant?namo jail. The likelihood that Guant?namo detainees are going to be released into the United States is minimal. Even if a court rules that continued military detention is unlawful, the detainees have no right to be here. They can be placed in custody as illegal immigrants until we find a country to which to deport them. Congress has robust authority over immigration matters and will intervene if the courts attempt to release detainees into our civilian population.
Another obstacle to the transfer is opposition from members of Congress, who oppose placing dangerous terrorists in prisons in their districts. This demagoguery will simply have to be ignored. Our prisons hold mass murders and serial rapists -- surely they can be counted on to prevent the escape of the Guant?namo detainees as well.
This combination of prosecutions, diplomatic initiatives to move detainees abroad and transfer of detainees to the United States will not resolve all our legal difficulties. If we want to continue detaining alleged terrorists without charge for the duration of a conflict that has no clear end, new legislation will probably be required. But at least these steps will bring the Guant?namo debacle to an end.
David Schanzer is director of the Triangle Center on Terrorism and Homeland Security, which is jointly sponsored by Duke University and UNC-Chapel Hill.
http://www.newsobserver.com/opinion/columns/story/1272646.html