Criminal Justice

The GOP's Guantanamo Scare Tactics

Published May 27, 2009 @ 05:39AM PT

I had the pleasure last night of attending a discussion at Radio City Music Hall between Karl Rove and James Carville. It was certainly entertaining, with plenty of finger-pointing, raised voices and Carvillian theatrics. When the conversation came to closing Guantanamo, we heard Karl Rove return to a common theme - that there "aren't enough empty Supermax cells for the Guantanamo prisoners."

This argument drives me crazy. It rings so clearly of the scare tactics we got from Rove and friends for eight years and it is simply not true. The claim that a nation that imprisons 2.4 million people can't find cells for 241 people is simply preposterous. It also exposes the fallacy of the "lock-em-up" argument for extended incarceration. If we believe our maximum security prisons were unsafe, why are they ok for serial killers?

We absolutely have room for Guantanamo detainees in our Supermax prisons. Their conditions won't improve much over Guantanamo - but Rove and friends aren't concerned about their treatment anyway. This is a moving-target argument (a specialty of Rove's). It diverts the discussion in a non-productive direction and seeks to stall action on an important policy reform - to bring Guantanamo prisoners onto U.S. soil and under the rule of our Constitution. Rove's aim here is not to keep America safe but to derail Obama's efforts to close Guantanamo.

Rove seems to forget that our prisons already hold terrorists safely - the federal supermax in Florence, Colorado already holds convicted terrorists like "shoe-bomber" Richard Reid and Zacarias Moussaoui. . Michelle Malkin echoed Rove's argument last week and wrote that Florence doesn't have room for anyone else. Even if Florence is indeed full and we can't bear to transfer some of the aging inmates and drug prisoners there to a maximum security facility, there are plenty of other options - it might just take some cooperation between the federal and state systems.

Illinois Sen. Dick Durbin said Sunday that he would be willing to house suspected terrorists from Guantanamo in an Illinois Supermax. There is a federal high security facility in downstate Illinois, but also a state supermax with plenty of room at Tamms.

We could safely house the prisoners at Guantanamo at a simple high-security facility - Supermaxes often amount to their own form of torture and we need to be careful not to create another domestic Guantanamo. In the past I've advocated for the closure of Tamms, or at least reforms to bring them into compliance with international human rights standards. Prisoners there are under solitary confinement 23 hours a day, with no end in sight.

But because I find it important for our international image that we close Guantanamo, I think moving them somewhere like Tamms would be an acceptable compromise. Reforming practices in our domestic supermaxes is an important goal and shouldn't be sidelined. But moving 241 suspected terrorists to these facilities will only bring them more visibility and will perhaps lead to reforms that affect all supermax inmates. We can't let the red herring of crowded supermaxes derail the closure of Guantanamo. It's an affront to all of the work we've done building the world's biggest prison system.

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Comments (92)

  1. Emily Gertz

    "It's an affront to all of the work we've done building the world's biggest prison system."


    Heh, good appeal to red-blooded American pride, Matt.


    Seriously: I'm proud that the first trial of a Gitmo detainee, Ahmed Khalfan Ghailani (a Tanzanian accused in the 1998 attacks on US embassies in Kenya and Tanzania), will be taking place here in New York.  There's no better place in the US for these men to finally be allowed to confront their accusers, and to demonstrate the durability of our Constitution and our system of laws, than the city where nearly 3,000 died in a terrorist attack.

    Send 'em all here, sez I.   (If nothing else, the influx of journalists from around the world to cover the trials will be an economic boost for local hotels, restaurants, and dry cleaners.)

    Posted by Emily Gertz on 05/27/2009 @ 07:43AM PT

  2. Gordon Johnson

    Typical of Congress's lack of regard for the waste of taxpayers' money.  Millions were spent on gitmo.  We should continue to use that facility for the purpose for which it was designed.

    How many are in favor of importing piranhas?  Shouldn't prudence dictate that we keep these folks out of the U.S..  The argument that there is no space in supermax may be false but there is still ample reason for leaving these terrorists where they are.  We know there is plenty of room there so why incur the expense of moving them and why waste the money already spent to house them in gitmo?

    Posted by Gordon Johnson on 06/01/2009 @ 09:22AM PT

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  3. Marvin Foster

    Gordon, I am extremely adamant when it comes to bad people trying to blow up our world. 

    I would say it safe to say that more than 1 out of every 231 that a jury tries and convicts have been innocent.  But that is supposed to be the fairest system devised to put bad people away.

    You know, if one of these bleeding hearts had one or two of these trained 14 year olds with sub-machine guns come into their home and blow away their mom and dad or a couple of their children just because they had been trained to hate Americans and our way of life, I would almost bet their attitudes would quickly change about their so called justice and the "American Way".  You can bet that most of them have never been sent to another world country and put in harms way to protect our safety.

    I personally think that these "terrorists" should stay in Gitmo until they die of old age.  And, that would still be to good for most of them.

    Posted by Marvin Foster on 06/01/2009 @ 02:57PM PT

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  5. Emily Gertz

    That said, it's worth mentioning that the GOP has not been alone in monging the fear. 

    The Senate Dems have a valid point to argue: the White House was asking for money while failing to articulate a detailed plan on what came next.  

    But they were quite cynical to jump on the NIMBY train in the process.


    Posted by Emily Gertz on 05/27/2009 @ 07:55AM PT

  6. Pam Haskins

    These terrorists murdered nearly 3,000 Americans.  How can you compare them to serial killers?  These people have no respect for human life -not theirs and certainly not ours.  And why does it matter what the rest of the world thinks about how we treat terrorists and where they are kept?  It seems to me that your loyalties are misguided - protect our nation and its people first.  Worry about the others later.  They wouldn't jump to save us before themselves so why should we?

    Posted by Pam Haskins on 05/27/2009 @ 09:20AM PT

  7. Mary Acosta

    Pam, obviously you don't care about these prisoners, but the fact is--- in this country we have a constitution.  This constitution protects the citizens of this nation.  We must care about what others think about our country!

    Posted by Mary Acosta on 05/27/2009 @ 10:40AM PT

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  8. Barbara McNamara

    Yes, but are they all terrorists? That is the problem. Most detainees have not even been charged with a crime, yet they are being held indefinitely because of proximity, e.i. being in the wrong place at the wrong time, or even being remotely connected to someone who may very well be a terrorist. If we really want to abide by our Constitution and claim that we are a fair and humane nation, we MUST abide by the rule of law and the Geneva Convention. We have not done this, especially in the situation at Guantanamo and other black prison sites around the world. Added to that, we have basically gotten rid of habeaus corpus. That being said, yes prosecute those who are guilty, but we can't just assume they are, because they have been "collected". Our courts work fairly well, most of the time, but we must hold these prisoners to our own code of ethics standards, and try them with due process, accordingly. By not doing so, we become guilty of tyranny, and we can no longer call ourselves a democracy.

    Posted by Barbara McNamara on 05/27/2009 @ 12:28PM PT

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  9. Kathy Bostwick

    I have to agree with Pam.
    After all the terror they released on us - I haveno sympathy for these low-lifes.
    And sorry to say - I have no sympathy on their being treated badly there.
    Let's use our "feelings" for something tha really matters,,,,child abuse, animal abuse and murder.
    As far as I'm concerned - they can stay right where they are and those in charge can continue to do what it is the are doing to this scum.
    Sorry - but I have no sympathy for them

    Posted by Kathy Bostwick on 05/31/2009 @ 02:44PM PT

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  10. Diane Richardson

    I agree with Pam,And since the Constitution is supposed to stand for our beliefs, I say to you that if you don't feel the same way about the people held at Gitmo as you would someone who killed members of your own  family and kidnapped the rest, then you're no better than anyone else here voicing negative opinions about the detainees at Gitmo.

    Posted by Diane Richardson on 05/31/2009 @ 03:05PM PT

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  11. Gordon Johnson

    This whole thing is a tempest in a teapot.  Whether a detainee is in a supermax or at gitmo, he or she is still incarcerated.  Why make a fuss about the location.  The Congress wasted millions of dollars building gitmo why not use it.  I'm in favor of leaving these villains where they are and affording them prompt justice using the military tribunals for their intended purpose.  The bleeding hearts are wrong as usual on this issue.  Leave these prisoners where they are as a symbol to the world that we will deal harshly with those who threaten our security.

    Posted by Gordon Johnson on 06/01/2009 @ 09:11AM PT

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  12. James Thompson

    Most Gitmo detainees were not captured in the US so why would our Constitutional protections apply to them? They are under Military Law as combatants and since many are foreign to the Country in which they were captured they don't even deserve Geneva protections. Leave them at Gitmo. We're wasting enough money on other projects. Campaign promise payback is no reason to do the wrong thing once you discover it.

    Posted by James Thompson on 06/01/2009 @ 11:46AM PT

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  13. Marvin Foster

    Pam, maybe if we sent Mary Acostas about 4 of these terrorists to live with her, she could teach them about our consitutuion.  I'm sure they would be willing learners.

    Posted by Marvin Foster on 06/01/2009 @ 04:26PM PT

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  14. Jim Berkise

    Barbara misses a couple of important points; we
    designate them as "terrorists" because they were
    engaged in acts of war without being in the
    uniform of, or acting under the discipline of, a
    country.  Under the Geneva Convention, armed
    individuals engaging in combat activities in a war
    zone, or in acts of "sabotage" (like terror
    bombing) while out of uniform have no right to
    surrender and be treated as prisoners of war.
    The rules for dealing with such people under
    the Geneva Convention are harsh, because when
    "civilized war" was contemplated, it was assumed
    that such people were acting on their own behalf,
    and posed special a danger to the combatants
    and civilians in the war zone who were trying to
    play by the rules.   Our Constitution does not
    extend any guarantees to foreign citizens on
    foreign soil; this is one of the main reasons for
    locating this facility in Cuba.  Since they do not
    meet the definition of prisoners of war, bringing
    them here would open numerous legal channels
    that do not apply to them as long as they remain
    on foreign soil.  Further, applying criminal law
    to their cases does does not work to anyone's
    advantage.  Under criminal law, a person who
    deliberately kills another in cold blood because
    of that persons loyalties is a murderer; under
    military law, in most cases such a person is not
    guilty of anything, he's just a soldier doing his job.
    Prisoners of war do not get trials, they are held
    until the conflict is resolved and a treaty providing
    for their repatriation is put in force.  We're much
    better off acting as if these people were regular
    prisoners of war, to the extent this is possible.

    Posted by Jim Berkise on 06/02/2009 @ 11:35AM PT

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  15. Bob Jones

    Barbara McNamara is 100% correct in her assessment! So preak on, even if most people are to ignorant and stupid to understand the follies of their own arguments.
    It troubles me very very deeply to read all these oposing views of simple "unalienable" human rights and dignity for all, mocking our constitution and world progress on human decency. Perhaps we have forgotten that we are a country that rules by LAW. Perhaps we have forgotten that we are a country where any person is INNOCENT until proven guilty. And it must needs be that way, or tyrrany quicky ensues.

    Jim says "prisoners of war do not get trials, they are held until the conflict is resolved." But in a "global war on terror" when is the conflict resolved?? And when is justice served? Never. Torturing these innocent people (who are not proven guilty) is no form of civilized justice! It's -in fact- very illegal. Actually, America has become the very British colony that our forefathers deemed "monsters" and vowed to never become again.
    God bless America? Yes, that She return to living her pure and virtuous values and principles. I believe we can do it, but evidently it's gonna take a huge effort by everyone.

    Posted by Bob Jones on 06/05/2009 @ 07:47AM PT

  16. Gordon Johnson

    The war on terror is unlike the usual forms of war and criminal or hostile behavior; therefore a  different kind of response is entirely appropriate.  Just because no end of hostilities is in sight that does not justify changing our approach to these prisoners of war.  The Pentagon has already indicated that a significant number of those already released have rejointed terrorist organizations.  As a condition of their release, they should have been put on notice that if they are ever apprehended again in circumstances that leave no doubt about their continued terrorist activities, they will be summarily executed.

    It is not some imagined violation of our ideals in dealing with prisoners of war that is the problem here.  It is the Socialist utopian to every new problem that places our country in the greatest jeopardy.  Empty the jails and the prisons, release the prisoners of war, redistribute wealth, encourage public ownership of the means of production and distribution and see how far that advances American ideals.  These signs of weakness are what will be our undoing not the measures necessary to secure our country from terrorists and other enemies, foreign and domestic.

    Posted by Gordon Johnson on 06/06/2009 @ 08:37AM PT

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  17. J jamiesolome

    We can't release terrorist's and tell them if they ever murder people again - then they will go to jail, instead of going there the first time around.  If we let these people go, other people are going to die.  Period.  They don't care on bit about any warnings we can give them.  A lot of them could be suicide bombers, anyway.  A lot of them kill themselves before they are caught, if they can get away with it.  Releasing them will end in the deaths of innocent people.

       Here is a link with an article some of you might find interesting.  It's about terrorists who have already been released. It's horrible to think that we had them in our custody and then we let this happen:

     http://www.cnsnews.com/public/content/article.aspx?RsrcID=49162

    Posted by J jamiesolome on 06/08/2009 @ 11:07PM PT

  18. Reply to thread
  19. J T

    HEY I DON'T CARE ABOUT THEM AT ALL!!!!

    I can't believe people feel bad for these prisoners. these people want to hurt you and your family. they are not in the kumbaya state of mind that unfortunatly SO many people are. there is nothing wrong with wanting peace and love and all that Jazz but get real sometimes people. They don't like you or your family and WILL try to hurt you if given the chance. Thats how they got to where they are in the first place. Lets focus on Abortion, child molestation, rape and all that other nasty stuff going on out there and get rid of that and Not worry about if these Horrible people are getting a 5 course meal!!! I just don't get it!!

    Posted by J T on 05/27/2009 @ 12:41PM PT

  20. Nina Marrocco

    Theses are not all terrorist's, there are MANY amoung them that are completely INNOCENT, they also have toddler's amoung them. Could you picture a TODDLER TERRORIST!!! I say let us have an INVESTIGATION into 9/11 and get the TRUE story!!! A 9/11 INVESTIGATION!!!

    Posted by Nina Marrocco on 05/31/2009 @ 05:46PM PT

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  21. J jamiesolome

    I doubt there are toddlers there, unless they came there with their mom's or families.  What we do need to be concerned about is the many prisons in third world countries that really do jail kids.  Innocent people.  Woman who have done nothing wrong.  Woman who have children in these prisons.  The ones that torture and beat innocent people everyday.  Prisons where innocent people die because they don't believe in the killing of other innocents by their government's.  These are the places we need to concentrate on, so we can help these people.

    Posted by J jamiesolome on 05/31/2009 @ 06:51PM PT

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  22. Diane Richardson

    Nina, I strongly recommend that you change your sources of information.

    Posted by Diane Richardson on 05/31/2009 @ 07:05PM PT

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  23. J T

    I agree Diane!! I'am SO at a lost for words when it comes to this.

    Posted by J T on 06/01/2009 @ 10:04AM PT

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  24. Brad Kennedy

    If they were all guilty then we would have had trials by now.  No trial = not (yet) guilty. 

    And by the accounts of the DOD at LEAST one prisoner was in there by ~ age 12 (they are approx. 17 now).

    To stop wasting tax payer money means to use the super max'es we have now vs. maintaining international prisons.  Just bcs we've built Gitmo for millions does not justify continuing it's funding if we could save money by transfering them here.

    Anyone that convicts another without there first being a trial is begging for our country to turn into SOVIET-style America.

    Posted by Brad Kennedy on 06/01/2009 @ 11:02AM PT

  25. Diane Richardson

    I wasn't going to respond to your comment Brad, but the more I thought about it the more I felt I needed to.
    "If they were all guilty then we would have had trials by now.  No trial = not (yet) guilty."
    Perhaps. But my guess is that they were at first considered to be prisoners of war and no trials were planned or expected because they would eventually be let go.  But then something happened, like government interference that said they must be tried and either imprisoned or let go.  Then things probably got really complicated, because we didn't know which rules do we follow. What evidence is allowed. Etc. Just guessing.  It's my understanding there is one attorney representing a detainee at Gitmo that has been holding up everything for months using various legal maneuvers. Justice is slow when the rules are not clear.

    "And by the accounts of the DOD at LEAST one prisoner was in there by ~ age 12 (they are approx. 17 now)." I know nothing about this.  There obviously must be a reason for this or Obama or the attorney general would have already said let them go.

    "To stop wasting tax payer money means to use the super max'es we have now vs. maintaining international prisons." If we still have international prisons for prisoners of war, do you really want them all brought to the USA to go into US prisons without trials? Wouldn't we need to keep the separate from those already found guilty? And do you really think anything we do here is cheaper than done 'there'? And what about the logistics of moving them around. And should the military do it? Or US marshals? or some other group? And are they staffed for 'all of them', if they exist?
    "Just bcs we've built Gitmo for millions does not justify continuing it's funding if we could save money by transfering them here."  And how do we save money?  Gitmo has already been built. It has trial rooms. It already has what it needs to carry out justice in one place. Its a very lost facility with barbed wire and tents! Its a very cheap place to run compared to US standards. The prisoners of war, now war criminals, would probably need to be dispersed if they came here due to space limitations, and shouldn't we need to keep them separate from the other prisoners that have already had trials? And we would end up with the logistics problem again.  And there's the problem with trial rules again, and the right judges, and the right legal oversight.  And what about the media circus?
    "Anyone that convicts another without there first being a trial is begging for our country to turn into SOVIET-style America." On this we agree.  That's why IMO it's best to keep them there until we know what to do and how to do. Perhaps then things will go so smoothly they could just stay until their fate is decided. 

    Posted by Diane Richardson on 06/01/2009 @ 12:08PM PT

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  26. J T

    Come on I would rather spend My tax money on keeping these people off the streets of the U.S. than bailing out car companies!!  And for the most part Guatanamo Bay is a place for those who are, without a doubt, guilty! How about this..why don't we let them come and stay at your place. You house them, feed them and make sure they stay out of trouble! Would you lock your bedroom door at night or do you think you will be just fine!! When someone asks me next where I think the prisoners should go I'am going to tell them Brad Kennedys house!!

    Posted by J T on 06/01/2009 @ 02:51PM PT

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  27. Marvin Foster

    That's a wonderful idea, Jenna.

    Posted by Marvin Foster on 06/01/2009 @ 03:01PM PT

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  28. Reply to thread
  29. Pam Haskins

    Jenna, I like the way you think!  The terrorists are not like us and do not have the same values, morals and ethics.  They hate Americans for who and what we are and treating them as anything but terrorists will only get us killed. 

    Barbara - the prisoners in Guantanamo are all terrorists.  They were not rounded up and assumed guilty, they are guilty.  They do not need to go through our court system because they are not citizens and they do not have the same rights we do.  That doesn't make us guilty of tyrrany, it makes us smart and alive. 

    And Mary our constitution refers to our citizens, not terrorists.  This is a war, and according to the Geneva convention, in order to be subject to the rights granted by the convention the offenders must be wearing a uniform.  Did you see any terrorists in their country's uniforms?  No, because it wasn't their Army that killed 3,000 Americans, it was a bunch of terrorists. 

    People get smart.  Jenna was right when she said they want to hurt you and your family.  Keeping us strong will keep us safe and if that means we have to be "mean" to a terrorist to get important information from them then so be it.  Be nice to the homeless people in our cities; be tough on terrorists.

    Posted by Pam Haskins on 05/27/2009 @ 01:17PM PT

  30. Barbara McNamara

    Did you know that a 13 year old boy and a 94 year old man was also 'rounded up'. They were held for years, but fortunately, they have been released just recently because, guess what, it was determined that they were NOT guilty of anything. Having a speedy trial, or any kind of trial may have saved them from this unfortunate incident! You give our government too much credit when you fully believe it is aways going to do the right and ethical thing. It will make mistakes, but it must also correct the wrongs that it does. Holding people without due process is a crime - one WE are guilty of. If they are guilty, then let's allow them a FAIR trial to be able to prove that they are.
    PS: By our very Constitution, they must be given a fair trial, or we cannot hold them. Also, International Law and the Geneva Convention also protects their rights. The very same rights you yourself would want to have should you be imprisoned in another country for whatever reason.

    Posted by Barbara McNamara on 05/27/2009 @ 01:37PM PT

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  31. Marvin Foster

    Barbara, do you live in a cocoon?  Every day many countries around the world are training 6, 7, 8, 10, 12 year old children to fight and kill who they have been told is the enemy.  Which is you and your family if only they have the chance to do so.  Believe it.

    Posted by Marvin Foster on 05/31/2009 @ 02:24PM PT

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  32. Rick Curtis

    Barbara, this goes to you and Mary Acosta. The United States Constitution applies to its Citizens, not its enemies fighting it on foreign soil. If, in fact a 13 yr old and a 94 yr old were rounded up, then its most likely they were on the battlefield or in some other manner affiliated with combatants against us.  Further, the Geneva convention does NOT apply to them in the least bit, you should read it. They are neither under a flag nor in a uniform. They are NOT soldiers they are terrorists. You know the ilk that strap on backpacks and blow up innocent people eating lunch on a sidewalk diner just because they are not of the same religion.  Perhaps you recall their ilk flying planes into the the World Trade Center, the Pentagon, and a Pennsylvania field, killing our citizens.  Maybe you can recall their ilk driving a boat filled with explosives into the USS Cole.  I can go on an on about the murderous rampage these animals continue to carry out on a daily basis, all across the globe.  So, spend $80 million to get them out of Gitmo and bring them here? No way.  I say toss em' onto an Afghan battlefield and off 'em where they stand...get them on the express train to their 72 virgins. 

    Lastly Barbara, I would expect no rights if I were terrorist imprisoned for whatever reason.  The fact that we give them Korans, prayer mats, ethnic food, and in some instances a better existence than they had before is beyond the pale for me.

    Posted by Rick Curtis on 06/01/2009 @ 04:27PM PT

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  33. Gordon Johnson

    It is interesting that so many are drawing conclusions about who among the prisoners of war are terrorists and who are not without any detailed knowledge about any of them.  This is the blind leading the blind.

    Posted by Gordon Johnson on 06/02/2009 @ 07:55PM PT

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  34. Gordon Johnson

    It is interesting that so many are drawing conclusions about who among the prisoners of war are terrorists and who are not without any detailed knowledge about any of them.  This is the blind leading the blind.

    Posted by Gordon Johnson on 06/02/2009 @ 07:55PM PT

  35. Reply to thread
  36. J jamiesolome

         Bringing the terrorists to US soil could be disastrous.  Why are we bringing the very people here who are trying to kill us?  These terrorists have connections.  Bringing them in the US is only going to make it easier for them to attack us.  Holding them overseas is only going to be safer for everyone.  don't believe that just because they are in prison they hold no power.  They can get message's out to those who want to kill us.  Bringing them here is only going to make that easier on them.    We do have to remember that the people are just that - people.  But we also have to be realistic.  One mistake on our part and they will not hesitate to kill us.  This isn't fantasy or make believe, this is real life and needs to be treated that way.

    Posted by J jamiesolome on 05/27/2009 @ 02:44PM PT

  37. Marvin Foster

    And, Jamie that's a real fact that the bleeding hearts fail to accept.

    Given the chance, these animals will not hesitate one milisecond to kill an American.

    Posted by Marvin Foster on 06/01/2009 @ 04:19PM PT

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  39. Pam Haskins

    Barbara - I didn't know about the 13 year old boy and a 94 year old man, but in the world of terrorists they could easily be the number 1 and number 2 people in their group.  Once again, you must realize these are terrorists, they are not like us, they will use children and old men (and women) as suicide bombers.  The only thing we are guilty of is not getting Bin Laden when we had the chance.  Shame on Clinton for turning it down and shame on all of us for not being wiser than we are.  Again you mention our constitution - that protects us, as citizens.  It does NOT protect terrorists.  They do not deserve the same rights as Americans. 

    Posted by Pam Haskins on 05/27/2009 @ 02:56PM PT

  40. Emily Gertz

    The point is not how we feel about these people as individuals. The point is that we're a nation of laws -- our own laws, and international laws that we've agreed to, as Barbara explains. 
    And these laws apply equally to people who's motives we distrust, and whose actions we deplore, as to those who we admire.


    Posted by Emily Gertz on 05/27/2009 @ 04:43PM PT

  41. Diane Richardson

    In principle I agree Emily. I wish Clinton had killed Bin Laden when he had the chance; I wish the CIA hadn't talked Bush into creating the Gitmo interrogation site.  But we make decisions in war that we later reflect on deeply - Read what Roosevelt asked/told General LeMay to do during WWII - it will make your hair stand up! But we won.  It would be interesting to know how the world would be today if we didn't drop the 2 H bombs, and the number of US lives we would have lost around the world, and right here in the USA.  

    Posted by Diane Richardson on 05/31/2009 @ 03:17PM PT

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  42. Emily Gertz

    Diane, correct me if I'm wrong, but you seem to be saying that if America had achieved clear cut victories in Iraq and Afghanistan, as the Allies did in WWII, then what's been done to prisoners at Guantanamo would be justified.

    Posted by Emily Gertz on 05/31/2009 @ 07:20PM PT

  43. Diane Richardson

    No Emily, I'm saying that we make mistakes.  Gitmo was a mistake.  Canceling Gitmo was a mistake. Saying that we will use our justice system was another mistake.
    Its a mistake because our legal system won't work because the rules of evidence were not followed. So they need to stay at Gitmo until the military type trials can determine what should be done with each of them. 

    Posted by Diane Richardson on 05/31/2009 @ 07:41PM PT

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  44. James Thompson

    What we did to prisoners at Gitmo was justified and was no mistake. We achieved a lot of useful information and saved many lives. We willcease using some techniques because it has been determined that the American people oppose them. Let's stop the self flagellation and move forward. Gitmo still serves its purpose, leave it alone.

    Posted by James Thompson on 06/01/2009 @ 11:56AM PT

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  45. Emily Gertz

    So to tease the logic out of that, Diane, you're saying that we should address a mistake by perpetuating that mistake's existence?  

    Posted by Emily Gertz on 06/02/2009 @ 09:40AM PT

  46. Gordon Johnson

    That's an easy one.  It wasn't a mistake, at least no one has presented evidence to the contrary.

    Posted by Gordon Johnson on 06/02/2009 @ 07:51PM PT

  47. Diane Richardson

    Emily and Gordon, If we are talking about the creation of Gitmo, to me it was a mistake only because 'its purpose' was not made clear leaving open all the current disagreements and criticism. If the CIA or the Bush administration had said Gitmo is a prisoner of war facility, as I believe that it was intended to be, then no one could argue now that they are criminals and should be judged by criminal law without severe criticism.  
    As for teasing the logic and perpetuating a mistake, each decision should stand on its own based the intended purpose of the action.IMO, the CIA, the attorney general or Obama should say what the purpose of Gitmo is now, and that will define what is to be done there.  If they intend it to just be a holding area for criminals, as is suggested, until they close it in several months, then they confuse the purpose when they now say they want to hold trials there because the trials will take years!  In other words they don't seem to know what they are doing because they keep changing their minds, and IMO this is happening because it seems that no one is following any sequence of logic. But I suppose that's what politicians do.

    Posted by Diane Richardson on 06/03/2009 @ 07:02AM PT

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  48. Diane Richardson

    "The point is not how we feel about these people as individuals. The point is that we're a nation of laws -- our own laws, and international laws that we've agreed to, as Barbara explains. 
    And these laws apply equally to people who's motives we distrust, and whose actions we deplore, as to those who we admire."
    Okay.  Emily and Barbara, which laws are you referring to? The reason I ask is, are the these 'people' 'prisoners of war', to be held until the war is over per the GC (Geneva Conventions)?  Or are they 'Enemy combatants' or 'illegal enemy combatants' under the GC, and subject to military law? Or are they terrorists for which there is no law? (Which probably allows us to do whatever we want - unsure here.) Or are they international criminals for which there seems to be no laws either, unless we are supposed to use the laws of the country they were caught in?  Or are they just plain criminals subject to US law?

    Posted by Diane Richardson on 06/03/2009 @ 07:31AM PT

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  49. Lee Hernly

    One thing not mentioned above is that these people committed violations of international law and not US law. I'm afraid Emily you are wrong about GITMO. The CIA pushed for it to be opened only because no other country wanted to house these people.

    US law does not apply here, therefore these people should not have access to the US court system or the prison system for that matter. Anyone see the news about the 4 who were arrested recently? They were converted into Muslim extremeists in Prison.

    Posted by Lee Hernly on 06/04/2009 @ 10:24AM PT

  50. Bob Jones


    "These people committed violations of international law and not US law" Not true! Most of the 250 Gitmo prisoners have not even been CHARGED with a crime, let alone seen a trial, let alone been found guilty.

    See Binyam Mohamed's story, for example: http://www.presstv.ir/detail.aspx?id=86612&sectionid=3510203&c=

    Posted by Bob Jones on 06/05/2009 @ 02:28PM PT

  51. Reply to thread
  52. Matt Kelley

    I completely agree, Emily.

    If we demonize and punish people suspected of crimes just because they aren't American, what exactly is it that we're protecting? It's our democracy and the rule of law that make this country great (even if the justice system doesn't always work). The right to a fair trial - and to not be imprisoned based on suspicion - is crucial to the freedom Pam aims to protect.

    Also, as a leader in the world, when we fail to follow the international accords we have supported in the past, we are threatening international stability and progress for human rights.

    And a good point about the NIMBYfest coming from all sides - it's sad to these politicians on all sides who take money from private prison contractors, who voted for the policies that built the prison state now say they can't handle 241 prisoners.

    Posted by Matt Kelley on 05/27/2009 @ 08:21PM PT

  53. Marvin Foster

    You know Matt Kelley, it's people like you with your bleeding heart syndrome that has our country so screwed up right now.

    Will you agree to take about ten of these sweet little people in Guantanamo, innocent as they are, into your house to live among you and your family and care for them as if they were part of your family?  Are do you just want to turn all of those rotten bastards loose in my country so they can go to work building more bombs to blow your bleeding heart to smithereens?

    I THINK THAT YOU ARE JUST TOO STUPID TO GET IT!  THESE PEOPLE HATE ALL AMERICANS (INCLUDING YOU AND YOUR FAMILY) AND THEY WANT TO KILL US ALL BY ANY MEANS POSSIBLE.
    dO YOU THINK THAT OUR MILITARY JUST WENT AROUND AND PICKED UP A FEW PEOPLE HERE AND THERE AND CLASSIFIED THEM TERRORIST?

    We have young soldiers out there in some other country sacrificing their lives every day trying to keep our country safe from these horrible people so that your sorry ass will be safe to protest the treatment of these rotten people.

    Posted by Marvin Foster on 05/31/2009 @ 02:17PM PT

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  54. Diane Richardson

    Matt, according to US law they are not prisoners. They are accused of crimes. We cannot put them in prison until they have trials and they are judged to have committed crimes. Gitmo is a holding area, not a 'prison'.

    Posted by Diane Richardson on 05/31/2009 @ 02:58PM PT

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  55. mark schmanke

    Diane, our country puts people in "prison" all the time without trials, subjecting them to the most inhumane treatment possible, either through direct implementation or by ignoring their pleas for help. Whatever label you choose to put on Gitmo, it is a confinement area designed specifically to imprison man and the definition of a prison. http://en.wikipedia.org/wiki/Prison

    Posted by mark schmanke on 06/01/2009 @ 05:22AM PT

  56. Jim Berkise

    The people detained at Guantanamo were captured under circumstances that would
    make them prisoners of war if this were a normal
    war, and if they had been wearing the uniform of
    a country that was a party to the conflict.
    Prisoners of war do not get trials, they are
    typically held until a treaty ends the war and
    provides for their repatriation.  Combatants captured in a war zone who are not wearing uniforms identifying them as soldiers subject to the authority of a country that is a party to the conflict are not accorded any rights or protections under the Geneva Convention or any other international law.  Armed individuals captured
    out of uniform in a war zone can be summarily executed without violating any provision of international law.  The primary reason for creating
    the facility at Guantanamo was that these people
    do not fit any of the available norms; they don't
    meet the legal definition of prisoners of war, nor can they be indicted under our criminal code. But
    as long as they are not on US soil we can hold them as if they were legitimate prisoners of war, without violating our Constitution.  Nothing in our Constitution gives any rights to foreign natonals on foreign soil, and that's what they are as long as they stay in Cuba.

    Posted by Jim Berkise on 06/01/2009 @ 06:32PM PT

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  57. Reply to thread
  58. Pam Haskins

    Matt and others - It must be nice to live in your world where everything is black and white and if you are nice to someone they are nice to you.  Please, will you share the KoolAid?

    You guys can keep talking about human rights for terrorists, but when the nukes start flying remember you were warned.  Now we have N. Korea in the mix, too.  They starve their own people in order to build their military.  Do you think they would follow the rules that you put out there?  Go read your history books and see who wins the wars - the good and sweet people or the strong.  It would be nice to be both but in today's world it can't happen.  I vote for being strong and keeping the life style we have built for ourselves.  I am sorry you refuse to see the truth.  I hope your closed mindedness, doesn't result in all of us being too weak to respond when the time comes. 

    Posted by Pam Haskins on 05/28/2009 @ 08:22AM PT

  59. J jamiesolome

    We can be descent and still be safe.  But bringing terrorists to our shores is not safe.  Neither is giving them an open trial in our courts.  These terrorists are trained in everything about our court system.  If there is one loop hole they will find it and use it.  If the F.B.I. and homeland security says they are guilty, I will believe them.  I don't need a court to tell me so.  You have to remember that the people who put these guys in prison have a lot more information than we do.  They know things we can't possibly know, for security reasons.  I'm going to trust them, because if I don't it's going to be worse for all Americans.

    Posted by J jamiesolome on 05/28/2009 @ 06:24PM PT

  60. mark schmanke

           The opinions and comments here are as diverse as they are in Congress and in the news.  The middle ground? Is there one? The fact's are: we ARE a nation of laws, and our laws dictate that whomever is arrested is afforded Due Process, it is one of the tenets of our Constitutional system of government.  If someone is charged with a crime, arrested for something, he is afforded basic HUMAN rights, in accord with the Geneva Convention and our Constitution.  If you, as citizens of America, determine that you do not agree with someone else's viewpoint, you have the right, under the First Amendment to express that opinion. 
             However, anyone who blanketly believes the FBI or HOMELAND SECURITY, without any demonstrable proof, leads me to believe they have learned nothing from the Nazi occupation and domination of Europe, and would be just as willing to crucify Christ today, based upon the evidence which put him on the cross, because the leaders of the time said he was guilty. Our history teaches us that these agency's are staffed with men and women who make mistakes and who also have blindly made false accusations in the past, towing the party line, putting innocent people to death.  There are a multitude of cases one can read and see in the press where the "cops" made a mistake and imprisoned innocent men, and killed them as well.  
    "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding." Louis D. Brandeis, (Supreme Court Justice).
            "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties" Abraham Lincoln once declared this, and it is as true today as it was then.   "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution." Thomas Jefferson.
    These age old quotes are a good framework for believing in our system of government when one follows the rules and laws, and these laws apply to everyone. There is room in many prisons around the nation to house these people...if the government is willing to try.
          

    Posted by mark schmanke on 05/28/2009 @ 07:06PM PT

  61. Diane Richardson

    I agree with your argument Mark except when you compare seasoned professionals working under government regulations to 'cops'.  You should also consider the difference between a war on terror and street crime.  And, what it takes to win a 'real war' as Roosevelt and Truman had to do.

    Posted by Diane Richardson on 05/31/2009 @ 03:28PM PT

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  62. mark schmanke

    Diane,
        My comparision's are based upon my experience dealing with these "seasoned professionals".
        http://www.evri.com/media/article?entity_uri=%2Fperson%2Falberto-gonzales-0x3eae2&page=http%3A%2F%2Fcrooksandliars.com%2Fjon-perr%2Fdid-alberto-gonzales-lie-to-congress
         ON that fateful day in September, my heart wept for those lost souls and as I shed tears watching those planes tear our country asunder, my US Army mind (1972-1974) wanted to bomb everyone and kill all those involved.  Believe me, I know the difference between "crime wars" and "terror wars."
         But I am also well aware that our officials appointed to posts and positions often use those appointments as a personal platform to accomplish agenda's that we are often not informed of and would not agree with were we told the truth. 
          Matt is trying to bring the Guantamano Bay debacle to an end.  http://www.hrw.org/en/news/2009/05/21/us-drop-plan-detention-without-trial and I support that wholeheartedly.  It is entirely possible that were these alleged terrorists transferred around the country to some of our more secure prisons the light of the public eye would shine of the deplorable treatment being rendered, in the name of justice, to our citizens, and the administration would then be forced to release those non-violent offenders who are being imprisoned for knowing a drug dealer, living with one, or heaven forbid, introducing one to another.
         Our systematic destruction of this country by imprisoning non-violent offenders for the myriad laws they violate has cost us hundreds of Billions of dollars and achieved very little in the effort to reduce crime in this country. http://criminaljustice.change.org/blog/view/the_right_and_wrong_ways_to_shrink_a_prison_population
        It is about time for us, as a nation, to care about the treatment we mete out to others, "in the name of justice." http://criminaljustice.change.org/actions/view/end_this_sentence

    Posted by mark schmanke on 06/01/2009 @ 03:57AM PT

  63. Diane Richardson

    Mark, you should know that when I said seasoned professionals I was comparing the equivalent men and women in the government to cops, not reaching into the justice department.
    As for what we know compared to what they know, do you really expect to know what that is as an ordinary citizen?

    As for Matt's intentions, he seems to be saying we should be scared of the GOPs intentions,  whenin fact everything depends on what Obama intends to do. And what Obama intends to do is both unethical and immoral, while at the same time he says he wants to uphold the Constitution and obey the law. Because he wants the congress to create laws that will imprison some of the Gitmo detainees without trails to prevent future crimes.
    I'm not interested in the rest of your argument because it goes off the subject.
    I believe that we all wish Gitmo was never created.  But there is it.  I believe that we all want justice the American way, but that is not what is being proposed.

    Posted by Diane Richardson on 06/01/2009 @ 04:26AM PT

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  64. mark schmanke

    That, I agree with, if, as proposed, Obama is seeking to create laws to continue the imprisonment of these people in order to "protect us" from their future percieved dangerousness, then that is patently illegal.  They should be afforded public trials, where the evidence is displayed for all to see.
          It is about time for us, as a nation, to care about the treatment we mete out to others, "in the name of justice." That my friend, IS the argument.

    Posted by mark schmanke on 06/01/2009 @ 05:06AM PT

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  65. Marvin Foster

    Mark, a lot of this argument here on this blog would have been unnecessary if the soldiers that took these "terrorists" into custody would have just shot all of them where they stood.

    Then we wouldn't have to worry about these 231 terrorists or whatever you want to call them coming back and harming anyone again, no matter what country they want to persecute.

    Posted by Marvin Foster on 06/01/2009 @ 04:15PM PT

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  66. mark schmanke

    That is exactly correct, and were I still in the Military and been involved in the apprehension, I assure you, there would be no argument to have.
    Unfortunately, circumstances dictate otherwise and we are in the position we are in, as a nation, and should accord humane treatment to those we hold, unless and until they have trials. And all should be afforded public trials!

    Posted by mark schmanke on 06/02/2009 @ 02:03AM PT

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  67. J jamiesolome

    The terrorists are trained in our court system's.  If we give them a public trial, they will use any and every loophole they can find.  They have been trained to do this.

    Posted by J jamiesolome on 06/02/2009 @ 08:19PM PT

  68. Reply to thread
  69. Diane Richardson

    Matt, as I understand it, prison space is not the real argument at all!
    First, there is no way the trails can be completed before the expected closing date.

    Second, we don't jail people without trial.
    Third, we don't jail people for 'future crimes'.
    Fourth, the argument really is, if we use our criminal justice rules, the evidence may not be admissible or insufficient from our legal standpoint (even though the detainee was reported to be not in a uniform and not from the Iraq or Afghanistan, and was shooting at and shot our troops during an engagement with know enemy combatants), because the reports cannot either be verified or the witnesses have been killed in combat, and the detainees may then have to be let go on US soil!

    Posted by Diane Richardson on 05/31/2009 @ 01:53PM PT

  70. Nina Marrocco

    Theses are not all terrorist's, there are MANY amoung them that are completely INNOCENT, they also have toddler's amoung them. Could you picture a TODDLER TERRORIST!!! I say let us have an INVESTIGATION into 9/11 and get the TRUE story!!! A 9/11 INVESTIGATION!!!

    Posted by Nina Marrocco on 05/31/2009 @ 05:46PM PT

  71. Joyce Alessi

    I am dismayed as the number of people who think simply that because "they are all terrorists" - something which no court has proven because the detainees have not been charged - that we are justified in suspending our laws, morals and ethics. Don't you get that is what terrorism as a tactic is about in the long run - to get a system to change in a negative way due to the tactics. In other words - the terrorists won the moment we suspended our Constitution. We should care what the rest of the world thinks if we value our system, if we value the concept of democracy. When we rescind our democratic principles - what does that say about our belief in them? We believe in those principles only when it's easy? I hope that is not the case. Those who are willing to suspend liberty for security deserve neither (from Ben Franklin) -- you are letting the emotion of fear guide your thinking. When fear guides thinking, the prefrontal cortex (that part of the brain that makes us human) is bypassed and the limbic system reigns - meaning you aren't thinking, you are only reacting. Take a breath and think for Goodness sakes.

    Posted by Joyce Alessi on 05/31/2009 @ 07:01PM PT

  72. wendell otu'upu

    Ah, yes, Joyce, we are finally getting around to it.  This issue is not about what "they" believe (which we don't know, yet, as the haven't been tried), but what "we" believe. 
    Less than 20 took those planes that day and they are all dead, over two hundred are still imprisoned at Gitmo and they can't be guilty of the 9/11 deaths.  It appears they are being charged with scaring us.  In fairness, let's get this thing done.  Stop this brutal fear reaction.  Our acts will define our beliefs.  Not compromise, but fairness, justice and the rule of law as the Constitution laid out.

    Posted by wendell otu'upu on 05/31/2009 @ 09:51PM PT

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  73. Diane Richardson

    If you truly believe that Joyce then you better start protesting. Because the president is asking congress to create laws that will allow us to imprison those being held at Gitmo without trials to prevent future crimes. He's a reasoning and law abiding man who believes in the Constitution; why do you suppose he wants to do that?

    Posted by Diane Richardson on 06/01/2009 @ 03:29AM PT

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  74. Joyce Alessi

    Diane I don't have an answer to that question regarding President Obama's motives. I am disappointed to be sure. I also understand that the issue is extremely complex. It is my understanding that the DOJ ultimately is the decision-maker as to investigating and filing charges. I am writing AG Holder frequently about his as well as supporting organizations like the ACLU, AI and Human Rights First.

    Posted by Joyce Alessi on 06/02/2009 @ 01:51AM PT

  75. Gordon Johnson

    I believe this vastly overstates the case.  Perhaps as Conrad Cook suggests the issue is merely one of "prisoner of war" vs.  "detainee".  If so, the issue can be easily resolved by abandoning the eupemism "detainee" and declare them to be prisoners of war.  Then the questions of the Constitution, ideals, etc. become academic.  After all, German and Japanese prisoners of war during WW II did not elicit the kind of sentiments expressed here.  What kind of tragedy must America endure before we all recognize that we are at war, albeit perhaps a different kind of waras shown in the utube video I cite below.  Try the outcome described in that video on for size and then lecture us about ideals a la Sharia Law. 

    Posted by Gordon Johnson on 06/02/2009 @ 07:37PM PT

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  76. Diane Richardson

    " I believe this vastly overstates the case.  Perhaps as Conrad Cook suggests the issue is merely one of "prisoner of war" vs.  "detainee".  If so, the issue can be easily resolved by abandoning the eupemism "detainee" and declare them to be prisoners of war.  Then the questions of the Constitution, ideals, etc. become academic.  After all, German and Japanese prisoners of war during WW II did not elicit the kind of sentiments expressed here.  What kind of tragedy must America endure before we all recognize that we are at war, albeit perhaps a different kind of waras shown in the utube video I cite below.  Try the outcome described in that video on for size and then lecture us about ideals a la Sharia Law. "
    Gordon, I agree with you and Conrad.

    Posted by Diane Richardson on 06/03/2009 @ 07:45AM PT

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  77. Gordon Johnson

    Assuming these folks were apprehended in the course of the war on terror, what do we charge them with?  What were the German, Italian, and Japanese prisoners of war charged with?  Making war?  No, they were not charged with anything.  They were simply incarcerated until the war ended.   The fact that the end of the war on terror is not in sight, despite Obama's overtures to the Muslim world, is largely irrelevant.  The terrorists should be incarcerated until a peace treaty is signed by Al Qaida, the Taliban, and others that insist on violence, sometimes against their own people, especially women.

    Posted by Gordon Johnson on 06/06/2009 @ 08:05AM PT

  78. Reply to thread
  79. C C

    That's not even the issue.

    The real issue one of the categories Obama intends to fit these 'detainees' into.

    (Quick quiz -- what's the difference between a prisoner and a detainee?  A prisoner has rights.)

    One of those categories is, "Yeah, we don't have any evidence for this guy.  So we can't give him a trial, because he'd be found innocent.  But he's way too dangerous to let loose.  So we'll just keep him locked up."

    What is that?  What happened to the rule of law in this country?  The government only tries people it can convict now, and keeps the others in jail?

    Which is more dangerous:  a half-dozen terrorists are found innocent for lack of evidence and freed, or that we let our government adopt a policy of imprisoning people with no trial?

    Posted by C C on 05/31/2009 @ 08:13PM PT

  80. Diane Richardson

    Almost correct Conrad.  This is another issue. Not the real issue. And you are very right on it.
    I said earlier that BHO does not have the right to imprison people without trial or to imprison people for future crimes.
    He is speaking sheer hypocrisy - that he will uphold the Constitution, and he will follow the law, but to do that he will ask congress to create laws to imprison people without trials, because we have no real legal evidence, and because we think they're too dangerous to be let go!  How's that for Truth and Justice and the American way?

    Posted by Diane Richardson on 05/31/2009 @ 08:38PM PT

  81. C C

    "How's that for Truth and Justice and the American way?"

    No place for that.  The Bill of Rights is a beautiful document:  but it's up to you to protect it.

    Posted by C C on 06/02/2009 @ 10:47AM PT

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  82. J jamiesolome

    Doesn't the Bill of Rights only pertain to those who are American citizen's?

    Posted by J jamiesolome on 06/02/2009 @ 08:22PM PT

  83. Reply to thread
  84. Patricia George

    We created the monsters that Rove and others think the detainees are.  We allowed the inhumane treatment that now makes these people and their family and friends hate American now more than ever.  It is up to us to give these people a fair trial and either release them back to their own country or imprison them here in our country.  What goes around comes around.  We have done this to non-Americans so these same countries now can do the same kind of treatment to our soldiers and citizens.

    Better yet, send all those who engaged in torture, all those who allowed torture, all those who condoned torture, all those who encouraged torture, all those who believe in torture to live with those monsters they created in their own image.

    Posted by Patricia George on 05/31/2009 @ 09:44PM PT

  85. Diane Richardson

    Who was tortured Patricia? The attorney general said no one was tortured. It's called aggressive  interrogation and only 3 top al-Qaida members were subjected to it. 

    "What goes around comes around" Does that mean we have to start cutting of heads and body parts as 'they' are accustomed to doing?

    And does your last paragraph now mean that you are so angry that you now promote an eye-for-an-eye because someone did something you didn't approve of?

    Posted by Diane Richardson on 06/01/2009 @ 03:19AM PT

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  86. Reply to thread
  87. Betty Mulvihil

    I do not want them on US soil. They can stay right where they are at. It does not matter if the rest of the people care or not. I tdoes not matter if you pat them on their head and tuck them in bed every night they will still hate us. Like wise their families and their country men too. The 911 victims and their families and friends deserve justice. they came here and killed 3000 Americans and I am sure they will try again. Keep them off America's soil. No one made them that way,they just live to hate.

    Posted by Betty Mulvihil on 05/31/2009 @ 11:54PM PT

  88. Ned Hamson

    I realize most of the posters/commenters got into the topic but my response is - who cares what Rove and Carvelle think about almost anything, except on how to make a buck by saying anything to keep in the limelight and getting paid for being outrageous?

    Posted by Ned Hamson on 06/01/2009 @ 05:21AM PT

  89. Chrono trigger

    First it might help to officially blame someone for 9/11.. bin Laden and al qaida so far are not officially to blame by any government agency. Check the FBI website or any other.. Second England and the US have been screwing around with the middle east for Many many years. If they hate us its because we screwed them in the past many times. it not for nothing.. If we stop building bases in every country in the world. And Imperialising the world.And building this New World Order. Then maybe it will stop.

    Posted by Chrono trigger on 06/01/2009 @ 08:49AM PT

  90. J jamiesolome

    Have you ever thought that maybe we are helping the people over there?

    Posted by J jamiesolome on 06/02/2009 @ 08:26PM PT

  91. Reply to thread
  92. Gordon Johnson

    "Anyone that convicts another without there first being a trial is begging for our country to turn into SOVIET-style America."

    While this may be true, keep in mind that  Soviet - style justice was generally directed toward its own citizens not toward international terrorists.  German prisoners of war were not released until it was clear that they were no longer a threat to Mother Russia.  There is a difference between citizens and international terrorists and we should keep that in mind before we start to worry about extending Constitutional protections to these miscreants.  

    Posted by Gordon Johnson on 06/01/2009 @ 03:47PM PT

  93. John Jewkes

    The only straw man I see in this argument: Serial killers usually work alone, for fear of their accomplice turning them in, ending their artistry. Al-Qaeda and Taliban militants/terrorists usually work in cell groups of six to 12 people, each knowing just a few details about others inside/outside their own cell.  Even in Supermax prisons, with only 1/2 hour outside their detention space, there is a possibility of message passing between those inside, and those outside. SuperMax prisons still have some contraband sneak in/out and coded phrase such as even a Mafia Don might use could be innoc\uously passed in/out. Even SuperMax prisoners get mail and occassional phone calls to keep their 'rights' intact. There are no phones and very censored mail service at Gitmo. These are not 'normal' SuperMax prisoners in that they do not siomply hate blonde woman between 23 and 46 years of age wearing red blouses, but rather they hate everything about America, from our freedoms of choice to our Religions to our wide variety of climates, foods aand drinks we enjoy. If their home country will not take them back, and since we do not believe in forced repatriation, (Uh-Huh what do we call deportation) then the choices are simple... We either keep them on Gitmo's center or Bring them to a SuperMax, but deny them the right to mail, phones, etc. So would we be doing anything differently than the last administration did, or would we simply be pretending that this is somehow more legal? I believe the ACLU would eventually feel moved to demand they either get equal rights being on American soil, or that they be released, and since we already seem to have ruled out sending them home forcibly, then we would have to send them to American streets. Would you want one moving into your neighborhood tomorrow morning, with no sanctions, no observations, no tracking by LEO's? I wouldn't.

    Posted by John Jewkes on 06/01/2009 @ 10:47PM PT

  94. mark schmanke

    As an addition to this already burgeoning discussion...I urge you all to read this Memorandum Opinion in relation to the "detainee's" at Gitmo:

    "it is not essential for the government to seal completely every return to protect national security."
    Written by Judge Hogan of the DC Circuit.
    http://www.scotusblog.com/wp/wp-content/uploads/2009/06/hogan-on-gtmo-returns-6-1-09.pdf

    Posted by mark schmanke on 06/02/2009 @ 03:11AM PT

  95. Gordon Johnson

    Since when have judges become experts on national security?

    Posted by Gordon Johnson on 06/02/2009 @ 08:55AM PT

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  96. J jamiesolome

    This article might be interesting to some of you.  It's by no means written by an expert, but the facts are real.  So is the point.

    http://townhall.com/columnists/TerryJeffrey/2009/04/22/cia_waterboarding_produced_intel_that_stopped_attack_on_los_angeles

    Posted by J jamiesolome on 06/02/2009 @ 08:36PM PT

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  97. Diane Richardson

    Excellent article Emily - anything that helps to show that we were saved from further terrorists acts by using interrogation is good. And the attorney general already said that what we did was NOT torture.  Thank you

    Posted by Diane Richardson on 06/03/2009 @ 07:58AM PT

  98. Diane Richardson

    Oops! Sorry. I meant to say thank you Jamie.  Sorry.

    Posted by Diane Richardson on 06/03/2009 @ 08:00AM PT

  99. Reply to thread
  100. Gordon Johnson

    Black Jack Pershing had a solution to this problem.  Just before WW I there were a number of terrorist attacks on U.S. Forces in the Philippines by Muslim extremists.  So Pershing captured 50 of the terrorists and tied them to post for execution.  He then had his men bring in two pigs and slaughter them in front of the now horrified terrorists.  Muslims detest pork because they believe pigs are filthy (unclean) animals.  Some of them refuse to eat pork, while others won't touch pigs at all, or any of their by-products.  To them, eating or touching a pig or its meat, its blood, etc. is to be instantly barred from paradise (and those virgins), and damned to hell.  The soldiers soaked their bullets in the pigs blood, and proceeded to execute 49 of the terrorists by firing squad.  The soldiers then dug a big hole, dumped into it the bodies of the terrorists, and covered them with pig's blood, entrails, etc.  They let the 50th man go.  And for the next 42 years there wasn't a single Muslim extremist attack anywhere in the world.  Maybe it's time for this segment of history to repeat itself in Guantanamo, Afghanistan, or Iraq.  The question is:  where would we find another Black Jack Pershing?  There is no one in the pantywaist Obama Administration that has the backbone to face the issue in a straightforward way.  Following Pershing's example would empty Guantanamo in short order and solve the problem with any further debate.  It would also send a message to Muslim terrorists regarding what is in store for them if they continue to attack the U.S..

    Posted by Gordon Johnson on 06/02/2009 @ 09:16AM PT

  101. Gordon Johnson

    Everyone would do well to view the following video.

    http://www.youtube.com/watch?v=6-3X5hIFXYU

    Posted by Gordon Johnson on 06/02/2009 @ 09:36AM PT

  102. James Thompson

    An entire discussion with very little name calling bandied back and forth. Excellent. If we keep this up we might actually accomplish something, hopefully keeping the Gitmo Prisoners/detainees off US soil and sending those applicable to the various countries where they might be properly handled as insurgents or terrorist. We are just too kind.

    Posted by James Thompson on 06/02/2009 @ 08:09PM PT

  103. Lee Hernly

    Four men were arrested recently for allegedly plotting a terror attack on two Bronx synagogues and an Air National Guard flight. They possessed a car load of explosives and a Stinger missile they believed to be real (fortunately, it was not).

    What do the four men have in common? More than you would ever guess.

    Laguerre Payen, Onta Williams, David Williams, and James Cromitie all had violent pasts. All had recently served time in an American prison or jail. Most significantly, all four men exited their prison time as Muslims.

    None appears to have been born Muslim; however, the time in an American prison resulted in their embracing the supposed religion of peace, Islam.

    How can this be? Very simple. For decades, Islamic groups have strategically targeted American prison populations as a fertile field for growth and as a seedbed for homegrown terrorists. What we are seeing now is merely the fruit of that missionary effort by groups like the National Islamic Prison Foundation, formerly run by a top Al-Qaeda fund-raiser who himself is now behind bars, the Islamic Assembly of North America, and the Islamic Society of North America. Much of these groups' funding comes from Saudi Arabian proponents of Wahhabism, the most violent segment within Islam. A little-noted editorial in Investors' Business Daily clearly articulated this threat back in 2007. The recent arrests made that warning all the more real.



    Posted by Lee Hernly on 06/03/2009 @ 05:32PM PT

  104. Jeff McQueen

    Get a clue Emily:

    What Homeland Security and the FBI are telling us is they know there are other cells in the US they have not yet found. al Qaeda is currently training Spanish-speaking terrorists in Obama's buddy's (Hugo Chavez's) country as we speak, to pass as Mexicans. Homeland Security has numerous reports of middle-eastern men stepping on school buses loaded with children around the the US, horrifying the drivers. So far they just smile and step back off.

    Now you want to bring them on US soil, which is unprecedented, let the ACLU get them visitation rights and let the attacks begin! You're giving these "rockstars" of terrorism a stage to perform on, by bringing them here. JESUS!

    In Gitmo they are out of site and out of mind!

    If they move here, middle schools will be targeted, like Beslan, Russia and the other 600 + schools that have been attacked in Iraq, Afghanistan and Turkey. They target children, because they are most precious to us!

    If these detainees come here, it will be a matter of when will they attack a school, not if! They target schools with middle-school-aged children, because there is less security and fewer male teachers and admins. Also the girls are old enough to rape and not old enought to fight back. Girls were repeadly raped in Beslan over the three day ordeal. Over 350 were killed in Beslan, 185 of which were children.

    THIS IS NOT A PARTISAN ISSUE! They will not ask children of Democrats to go to one side of the gym and Republican go to the other. They will attack all! Please for the sake of children WAKE UP!

    Posted by Jeff McQueen on 10/23/2009 @ 05:10AM PT

  105. Diane Richardson

    Excellent Response Jeff. I agree. Thanks. 

    (We will have related issues when it comes to providing a path to legal immigration for illegals who are in reality spanish speaking terrorists, who will then have an easy path to getting jobs, getting weapons, getting access to places they cannot get access to now, etc.)

    In the realm of unintended consequences, by insisting that terrorists held at Gitmo be given the same rights as citizens in the court, they now want to represent themselves and the few trials that exist have become very long (full of legal challenges and motions), expensive (the US continues to pay for legal advisors and translators) and stages for middle-east Islamic rhetoric, and technical abuse of the US legal system because it was never meant for this type of legal proceeding.

    Posted by Diane Richardson on 10/23/2009 @ 08:17AM PT

  106. Reply to thread

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Matt Kelley

Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.

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