21.12.10

Indefinite detention. The Constitution. The rule of law.

http://www.washingtonpost.com/wp-dyn/content/article/2010/12/21/AR2010122104598.html

An interagency task force found that 48 of the 174 detainees remaining at the facility would have to be held in what the administration calls prolonged detention.
...
However, almost every part of the administration's plan to close Guantanamo is on hold, and it could be crippled this week if Congress bans the transfer of detainees to the United States for trial and sets up steep hurdles to the repatriation or resettlement in third countries of other detainees.

1. Indefinite detention without trial and without POW status is just wrong and goes against every sense of right and justice that I have. Whether it's unconstitutional or in contravention of the Laws of War and the Geneva Accords I don't really care.

DON'T BE A ****Y! MAN UP AND DO WHAT HAS TO BE DONE TO PROTECT AMERICA!

Ummm okay, so you're okay with me deciding that your wife is a national security risk and we're now gonna incarcerate her without trial for the rest of her life?

Oh, you're not?

How about your brother?

How about some random guy we picked up who some other random guy said did a bad thing - and there's no real evidence or anything that'll stand up in court? We can just toss them in jail and let them rot? Okay, I guess you're fine with other countries doing that to our citizens, then?

2. Who gets to decide who's a bad guy? Do you really trust the government and the CIA to make a good assessment of that?

Part of being the good guys is not doing this kind of stuff. Part of being a good guy in an open and free society is subscribing to the notion that "I'd rather have criminals walk free than innocent people in jail or on Death Row". It's not incumbent on you or I or anyone to prove their innocence. It's incumbent on our accusers to prove our guilt beyond a reasonable doubt. YOU ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.

Yes, some prisoners if let loose will return to, or start a life of crime and terror. That's part of a legal system. It would be preferable to drop these people off with their respective governments. If those governments say "we're not gonna mistreat them" and then do, oh well. I don't see how that's our fault.

3. The Obama administration is making a miscarriage of justice here.

4. The US Congress is making a huge mistake by making these silly little laws saying no US funds shall be used to bring any terrorists to trial on US soil. That's just wrong and you're trying to hamstring the Executive Branch with your bullcrap whining and obstructing of legitimate government and military business.

Ugh. I really don't like this.

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