20.11.10

Your right. My right. Ghailani's right. To a speedy trial.

http://en.wikipedia.org/wiki/Speedy_trial
You capture someone in a war. You put the person in a prison camp. Now what??

You either have enough evidence to convict in a civilian court (i.e., not just a combatant, someone deliberately attacking civilian targets, someone you can PROVE did so). Or not. In which case he's just a POW.

You torture - you lose testimony and you lose moral high ground in the rest of the world. You lose your good guy status. You commit a crime. You put yourself squarely in the cross-hairs of the New York Times and people like Mr. Woodward of the Washington Post.

You render to a third country and the problem might just disappear. You ask them not to torture this person. They nod their heads, smile and say "Yes, of course." You walk away and it's now their problem.

You allow his home country to hold him. It's now their problem.

Either case you keep tabs. If he goes free and does something bad, hopefully there's a Predator with a Hellfire standing by.

Releasing terrorists who go back to killing innocents is the price of being the good guys.

http://www.washingtonpost.com/wp-dyn/content/article/2009/02/21/AR2009022101234.html

Yes it sucks. But unless you have enough evidence to convict ...ummm, I don't really think the whole "indefinite detention" was in the Constitution that I swore to protect and defend. "Due process" is, though - I'm fairly sure of that. I'll have to check.

Speedy trial, all that. Five years ain't speedy if it's you or me or your mother in jail. And therefore it's not for the bad guys either. Six months works for me. I'd rather have a guilty guy go free if you can't prove it's him, than have innocent people sitting around rotting in prison. It's the price of being morally superior.

If you don't like it, then how about I pick up your friend, or you, and toss you in prison and let you sit there for 5 years while I figure out a way to fix up some evidence?

WELL I'M NOT A TERRORIST! THESE PEOPLE ARE! THEY'RE BAAAAD PEOPLE.

Ok, so who gets to determine who's bad? Me? Or you? Or a panel of experts?? Mmmm how about a judge and jury and all that. Yeah, like due process and stuff.

http://www.foreignpolicy.com/articles/2010/11/18/obamas_handcuffs?page=0,0

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