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Federal Judges Working Feverishly to Release Terrorists
foxnews.com — A federal judge overseeing Guantanamo Bay lawsuits ordered the Justice Department to put other cases aside and make it clear throughout the Bush administration that the terrorists must have their day in court.
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- Stevanoski, on 07/09/2008, -0/+4If a WWIII ever starts we are sunk. Imagine in WWII having to give every captured German soldier a trial lawyer.
- drz130, on 07/09/2008, -0/+3True. It's absurd. But the Supreme Court opened this up. Idiots.
- smrstrauss, on 07/10/2008, -0/+0
Re: If a WWIII ever starts we are sunk. Imagine in WWII having to give every captured German soldier a trial lawyer.
IF the Supreme Court ruling referred to ordinary POWs, you would be right. But none of those who are held in Guantanamo are ordinary POWs, who are still held in Iraq and Afghanistan. ALL those held in Gitmo are accused of a crime and are being held for a criminal hearing under the Military Commissions Act. This is easy to see. Under the Geneva Convention POWs cannot be tried unless they have committed some kind of crime in addition to being a POW. ALL of those at Gitmo are being held for MCA tribunals, therefore none of those at Gitmo are ordinary POWs.
So the analogy is by no means similar to “every German soldier.” They were all POWs except for those who were tried at Nuremburg, and there are indications that even some of the Germans convicted at Nuremberg applied for Habeas Corpus in US courts. They LOST, of course, but the courts heard their case. As I say, If they were POWs then this Supreme Court ruling would be absurd. But none of them are, and many were captured far from battlefields, in such countries as Bosnia. If these guys are really terrorists, then the government should be able to prove it.
Re: Why is it America's liberal leftists are more concerned about the terrorist's perceived "rights" than they are about Americans being be-headed?
The main reason to be concerned about the rights of ALLEGED terrorists, as in other crimes, is that if we hold in prison the WRONG guy, then the right guy, the real terrorist, is out in the world free to act again. This is particularly true when we arrest so many people with the same last names as a terrorist, as has been reported.
Another good reason is that if we continue to hold someone who is not a terrorist, well, his relatives and friends will know that he was never a terrorist –but they are likely to be pissed off enough to become terrorists themselves.
A final reason is that we should treat terrorists like the criminals that they are -- NOT like soldiers in some kind of war. A terrorist, convicted by a MCA tribunal, will get a sentencing statement along these lines “You are guilty, so you go to jail.” But an ordinary criminal court judge would give a statement along these lines: “I have sentenced murderers and rapists, but I have never dealt with a miserable piece of scum like you.”
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