In nearly every court case that detainees managed to bring to an impartial review the government has lost. The latest one is this one in which a military judges dismissed cases against two detainees. It seems to me that the ad hoc methods invented by the administration to avoid due process for detainees give both the civilian an military legal departments bad gas pains.
According to the story the ruling in these cases bring into question the legitimach of the detention of all of those held at Guantanamo Bay.
So wouldn’t it be reasonable to back up, take a fresh start and follow the usual procedure of examining each case on its own merits, bring them to court or dismiss them? After all, the cost in money an time really can’t be that significant in the over all cost of the war on terror. It would also be in accord with our usual standards of justice.
I think this is where your premise fails. Has the Bush Administration ever admitted, “Whoops! We blew that one. Let’s back up a bit, reanalyze and go down this path instead.” ??
It would be extremely reasonable. Unfortunately, we are dealing with the Bush administration, and they are not reasonable people. (If they were, we probably wouldn’t be in this mess to begin with)
It takes a while to clean up after the elephants, doesn’t it? Even back in 2004, I was saying that Kerry needed to win because we needed a Truth and Reconciliation Commission after four years of Bush and Cheney.
I’m all for closing down Gitmo, giving habeas rights back to those held there, and trying them individually under the same sorts of evidentiary rules that would have been applied six years ago. But Congress would have to pass veto-proof legislation to make it so, and most of the Pubbies are still sticking to Bush like pubic lice, so we can forget it for now.
The Bush Admin just might conceivably be capable of learning from a mistake, but it has repeatedly demonstrated that it is fundamentally incapable of admitting a mistake, and there is no way to change the detainee policy without doing the latter.
With the military and civilian legal systems both saying that the current method is wrong on all counts, is there really nothing that can be done to force congress to act?
These actions by the US government are doing nothing but acting as a recruiting tool for more terrorists. Well, come to think of it they are doing another thing. The have ruined our standing in the world as a place of even-handed justice.
As was the case with the resolution to authorize force in Iraq and the USA Patriot Act, the congress at the time also bears the shame of this sort of thing.
There were all stavish, Republican dominated congresses. I honestly don’t see how anyone can justify voting for a Republican until its party leaders have taken a course in our constitution and system of justice.
The excuse that “every thing changed on 9/11” is hogwash. Some things did need to be changes, such as tighter security in transportation and an awareness that we should be prepared for such attacks. However, the attacks did not threaten our national existence and, bad as they were, should not have resulted in blind panic which exists in places yet today.
I think most of those detainees will be either charged or released not long after January 2009 (unless Fred Thompson wins the presidency). They shouldn’t hope for either any sooner than that.
You guys have your work cut out for you. Electring someone capable doing that won’t be easy. In fact getting someone capable of doing it to even run will be damned hard.
Cleaning up the mess will mean, in my opinion, somehow canceling the precedents that have been set by this operation at Guantanamo Bay. I see presidents citing them way into the future when it gets inconvenient to do legally whatever they want to do.
Has Thompson had anything to say about the detainees at Gitmo? My contention is that he is not as conservative as he is making himself out to be. God, I hope he’s not! He was a popular Senator even with us Democrats. I know he has a good legal mind. He has used it to fight corruption against both Republicans and Democrats.
Bush’s hostile GW record is beyond argument as anyone who has paid even cursory attention to the issue already knows. Congress has been holding hearings.
This stuff is so well known I am at a loss to understand how anyone can hold the belief that the Bush regime has been anything but hostile to taking action on climate change. The only action the miserable little monkey has taken is to call for more ‘science’ to examine ‘uncertainties’ while interfering in the reporting of the science itself and smoke and mirror policies that don’t address the real issues.
That he has now been dragged, kicking and screaming, to the realisation that he has to pretend to be doing something is neither here nor there.