thethinkfactory wrote:pinchehoto wrote:I'm not sure that giving Gitmo detainees POW status is within the capabilities of our current policies. Many of them are/were in the US legally. Some are US citizens. Most of them have not actually taken up arms against the US. Nor can we try them as criminals since the majority of the detainees are only guilty of having the wrong friends and ideas.
So, we don't give them any status or charge them with any crime because they cannot be charged with anything but 'thoughtcrime'?
It is part of doing business as a free country that this is not illegal and not punishible by law. To intepret the law in a special way to keep citizens and visitors detained because of what they might do is unconstitutional and unAmerican. And to do it the name of freedom is doublethink at its worst.
TF
Justice or Protection?
Ok, Mr. President, let them go. And after you have let go the people that our best intelligence agencies have deemed the most statistically likely to conduct the next attack, you better have a good explaination if they ever do conduct an attack. You are responsible for the lives of you countrymen as well as their liberty.
Damn it sucks to be the leader.
The detainees are not charged with thoughtcrime. They are not charged with anything. This is a military action, not a civil one. Military strategists do not care who *did* attack us as much as they care about who is *going* to attack us. The detainees fit the profile of being the enemy because they are unknown Arabs that hung around the known bad guys, or they have done or said similar things as the known bad guys. They may or may not be bad guys, but we detained them because they have a statistcally higher chance of being the enemy than the rest of the population based upon their observed behavior and associations. The German-Americans and Japanese-Americans were detained in WWII the same way, only we are far more selective this time than we were then. It saved lives back then and I am sure it is saving lives now.
It sucks that we are forced to deal with the dilema of preventing a certain group from killing thousands of people with no *legal* way to do so. If we call them POWs, we have to *prove* that they are the enemy. If we call them criminals, we have to *prove* that they have commited a crime. When the life and death of thousands are at stake, can we *always* shoulder the burden of proof? In this case, I say no.
Is it ethically wrong to keep them detained? Sure it is. But our hand is forced. Had Muslim extremists not become violent, we would not have had to detain anyone. The other option would be to let them free and possible suffer more attacks. Both the detaining of the innocent and the non-prevention of mass murder are evil. The question is- Which is more evil?
If you can come up with a better way to prevent attacks than to incarcerate the people most likely to conduct the attacks, I'm all ears.