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Powell Says Close Gitmo

 
 
HokieBird
 
  1  
Reply Thu 21 Jun, 2007 06:02 pm
Quote:
Gates, who took over the Pentagon after Rumsfeld was forced out last year, has said Congress and the administration should work together to allow the U.S. to permanently imprison some of the more dangerous Guantanamo Bay detainees elsewhere so the facility can be closed.


To imprison them elsewhere?

Gaza. I vote Gaza.
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old europe
 
  1  
Reply Thu 21 Jun, 2007 06:04 pm
What's your objection to imprisoning them in the United States?
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blueflame1
 
  1  
Reply Thu 21 Jun, 2007 06:07 pm
Olbermann reporting Gitmo meeting canceled or maybe the media had the story wrong.
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HokieBird
 
  1  
Reply Thu 21 Jun, 2007 06:29 pm
old europe wrote:
What's your objection to imprisoning them in the United States?


We'd just have to listen to more squealing from the Left. I wouldn't mind seeing them go here, though.

Pink underwear and ham sandwiches. Just the ticket.
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old europe
 
  1  
Reply Thu 21 Jun, 2007 06:47 pm
HokieBird wrote:
We'd just have to listen to more squealing from the Left.


It's interesting that you would consider Gates or Powell part of "the Left".

But I understand your concerns. In fact, following a strict "out of sight, out of mind" doctrine is quite a smart thing to do if you believe that the Constitution and the Geneva Conventions are not worth the paper they're written on.

Of course, regarding the bit about the Constitution, the Supreme Court did in fact disagree with the Bush admin's point of view, stating that the prisoners in Guantanamo are held "in custody in violation of the Constitution or laws or treaties of the United States."

It's a pity that there's no court that can hold the United States accountable for unilaterally declaring the GC not applicable.
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HokieBird
 
  1  
Reply Thu 21 Jun, 2007 06:54 pm
old europe wrote:
HokieBird wrote:
We'd just have to listen to more squealing from the Left.


It's interesting that you would consider Gates or Powell part of "the Left".

But I understand your concerns. In fact, following a strict "out of sight, out of mind" doctrine is quite a smart thing to do if you believe that the Constitution and the Geneva Conventions are not worth the paper they're written on.

Of course, regarding the bit about the Constitution, the Supreme Court did in fact disagree with the Bush admin's point of view, stating that the prisoners in Guantanamo are held "in custody in violation of the Constitution or laws or treaties of the United States."

It's a pity that there's no court that can hold the United States accountable for unilaterally declaring the GC not applicable.


See? Just what I mean. After the last light is turned off at Gitmo, you'll still be flapping your lips.
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old europe
 
  1  
Reply Thu 21 Jun, 2007 06:54 pm
old europe wrote:
It's a pity that there's no court that can hold the United States accountable for unilaterally declaring the GC not applicable.


In fact, there's quite a bit of irony to be found in the fact that the United States invaded Iraq for not adhering to international agreements, while at the same time shipping people off to a remote military base and imprisoning them in violation of international agreements.
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old europe
 
  1  
Reply Thu 21 Jun, 2007 06:56 pm
HokieBird wrote:
See? Just what I mean. After the last light is turned off at Gitmo, you'll still be flapping your lips.


If you can't attack the message, attack the messenger.

<shrugs>

Pathetic, but not particularly surprising.
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HokieBird
 
  1  
Reply Thu 21 Jun, 2007 07:00 pm
Still flapping.

Was it the pink underwear?
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kickycan
 
  1  
Reply Thu 21 Jun, 2007 07:05 pm
old europe wrote:
What's your objection to imprisoning them in the United States?


Much easier to torture people and get away with it. But don't worry, Hokiebirds of the world, I'm sure there are still plenty of places that most people don't even know about where they can torture torture torture all the live long day.
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dyslexia
 
  1  
Reply Thu 21 Jun, 2007 07:05 pm
Quote:
[object Object]
is that the latest idiot buzzword?
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dyslexia
 
  1  
Reply Thu 21 Jun, 2007 07:06 pm
dyslexia wrote:
Quote:
[pink underwear]
is that the latest idiot buzzword?
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old europe
 
  1  
Reply Thu 21 Jun, 2007 07:09 pm
HokieBird, I understand that you are so far right on this issue that the Secretary of Defense looks like a communist to you. But at least he seems to agree with the notion that the Constitution has some meaning.

Seriously, sometimes I have the impression that for the far right the entire Constitution consists only of the Second Amendment.
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HokieBird
 
  1  
Reply Thu 21 Jun, 2007 07:37 pm
old europe wrote:
HokieBird, I understand that you are so far right on this issue that the Secretary of Defense looks like a communist to you. But at least he seems to agree with the notion that the Constitution has some meaning.

Seriously, sometimes I have the impression that for the far right the entire Constitution consists only of the Second Amendment.


I don't think any court has said the detainees have rights under the Constitution. I think I remember reading that an appeals court actually said the opposite. I also don't think the Supreme Court has taken the case...yet.

I think I've said before I have no problem releasing them. They're probably going to miss their 4200-calorie diets, they're exercise rooms (complete with treadmills), though. I think a couple of them have even said they missed it after they left.

Don't worry. Sheriff Arpaio's a good guy. He'll probably give them two ham sandwiches.

(They'll claim he tortured them. They're sworn to claim that)
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old europe
 
  1  
Reply Thu 21 Jun, 2007 08:27 pm
HokieBird wrote:
I don't think any court has said the detainees have rights under the Constitution. I think I remember reading that an appeals court actually said the opposite. I also don't think the Supreme Court has taken the case...yet.


In Rasul v. Bush, the US Supreme Court held on June 28, 2004, that foreign nationals imprisoned without charge in Guantanamo were entitled to bring legal action challenging their captivity in US federal civilian courts.

The Supreme Court reversed the District Court for the District of Columbia and the Court of Appeals for the DC Circuit, which had held that Guantanamo detainees were barred from bringing actions challenging their detentions in US courts because they were foreign nationals outside US sovereign territory.

The court pointed out that the Guantanamo Bay detainees:

- are not nationals of countries at war with the United States
- deny they have engaged in or plotted acts of aggression against the United States
- have never been afforded access to any tribunal
- have never been tried and convicted of wrongdoing
- have been imprisoned for years in territory over which the United States exercises exclusive jurisdiction and control

With the exception of three detainees, all have been held without charge.

The Supreme Court decided that "United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay."

The Supreme Court also pointed out that habeas corpus is a very old right, referenced by the Constitution itself and enshrined in a 1789 US statute predating the Bill of Rights.


HokieBird wrote:
I think I've said before I have no problem releasing them.


You make the mistake of thinking that people who oppose the detention in Guantanamo would like to see all detainees released immediately. That's a gross misinterpretation of the argument that has actually been made (i.e. that the laws that apply should be followed).


HokieBird wrote:
[stereotypical rightwing babble]


Sure. If you say so.
0 Replies
 
HokieBird
 
  1  
Reply Thu 21 Jun, 2007 09:48 pm
Bush administration lawyers say the right to habeas corpus does not extend to foreign-born prisoners held by the U.S. military outside the nation's borders.

On Monday, the justices voted 6 to 3 against taking up the issue and deciding it in the current term. But the matter was more closely divided than the numbers indicate, since Justices John Paul Stevens and Anthony M. Kennedy said they voted with the majority only because the prisoners had not tried all the "available remedies" under the law.

The two justices were referring to a provision, added by Congress to defense appropriations legislation in late 2005, that said detainees held by the U.S. military were entitled to a Combatant Status Review Tribunal at Guantanamo Bay.

In these brief hearings, military officers examine whether there is evidence to hold the detainee as an "enemy combatant." The detained men do not have a right to a lawyer, and they cannot challenge, or even see, all the evidence against them. In more than 90% of the cases, the officers upheld the Pentagon's decision to hold the detainee.

Congress said the detainees could ask the U.S. Court of Appeals for the District of Columbia Circuit to review the decisions of these tribunals.
None of the current detainees has tried that option, which their lawyers call a sham. Because the appeals court already has ruled that the detainees have no rights under the ConstitutionLINK
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old europe
 
  1  
Reply Thu 21 Jun, 2007 10:05 pm
Quote:
Now, however, lawyers representing the Guantanamo prisoners will have to go through that lower court before they appeal again to the Supreme Court.


Which is the reason why the Supreme Court refused to hear the case.

However, Jarallah al-Marri challenged his detention in Guantanamo and brought the case to the US Court of Appeals for the Fourth Circuit. And, as you know, the court granted al-Marri's petition and held that the 2006 MCA did not deprive aliens of their right under the US Constitution to file a petition of habeas corpus.
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HokieBird
 
  1  
Reply Fri 22 Jun, 2007 12:10 am
old europe wrote:
Quote:
Now, however, lawyers representing the Guantanamo prisoners will have to go through that lower court before they appeal again to the Supreme Court.


Which is the reason why the Supreme Court refused to hear the case.

However, Jarallah al-Marri challenged his detention in Guantanamo and brought the case to the US Court of Appeals for the Fourth Circuit. And, as you know, the court granted al-Marri's petition and held that the 2006 MCA did not deprive aliens of their right under the US Constitution to file a petition of habeas corpus.


I think you're confused. Jarallah al-Marri's brother, Ali al-Marri (a legal resident of the U.S.), is the petitioner in the Fourth Circuit case and he's being detained in a Naval brig.
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nimh
 
  1  
Reply Fri 22 Jun, 2007 02:22 am
Quote:
Officials near decision to close Gitmo

Thu Jun 21

WASHINGTON - The Bush administration is nearing a decision to close the Guantanamo Bay detention facility and move the terror suspects there to military prisons elsewhere, The Associated Press has learned.

President Bush's national security and legal advisers are expected to discuss the move at the White House on Friday and, for the first time, it appears a consensus is developing, senior administration officials said Thursday.

The advisers will consider a new proposal to shut the center and transfer detainees to one or more Defense Department facilities, including the maximum security military prison at Fort Leavenworth in Kansas, where they could face trial, said the officials. They spoke on condition of anonymity because they were discussing internal deliberations.

Officials familiar with the agenda of the Friday meeting said Vice President Dick Cheney, Secretary of State Condoleezza Rice, Defense Secretary Robert Gates, Attorney General Alberto Gonzales, Homeland Security chief Michael Chertoff, National Intelligence Director Mike McConnell and Joint Chiefs of Staff chairman Gen. Peter Pace were expected to attend.

It was not immediately clear if the meeting would result in a final recommendation to Bush.

Previous plans to close Guantanamo have run into resistance from Cheney, Gonzales and former Defense Secretary Donald Rumsfeld. But officials said the new suggestion is gaining momentum with at least tacit support from the State and Homeland Security departments, the Pentagon, and the Intelligence directorate.

Cheney's office and the Justice Department have been dead set against the step, arguing that moving "unlawful" enemy combatant suspects to the U.S. would give them undeserved legal rights.

They could still block the proposal, but pressure to close Guantanamo has been building since a Supreme Court decision last year that found a previous system for prosecuting enemy combatants illegal. Recent rulings by military judges threw out charges against two terrorism suspects under a new tribunal scheme.

Those decisions have dealt a blow to the administration's efforts to begin prosecuting dozens of Guantanamo detainees regarded as the nation's most dangerous terror suspects.

In Congress, recently introduced legislation would require Guantanamo's closure. One measure would designate Fort Leavenworth as the new detention facility.

Another bill would grant new rights to those held at Guantanamo Bay, including access to lawyers regardless of whether the prisoners are put on trial. Still another would allow detainees to protest their detentions in federal court, something they are now denied.

Gates, who took over the Pentagon after Rumsfeld was forced out last year, has said Congress and the administration should work together to allow the U.S. to permanently imprison some of the more dangerous Guantanamo Bay detainees elsewhere so the facility can be closed.

Military officials told Congress this month that the prison at Fort Leavenworth has 70 open beds and that the brig at a naval base in Charleston, S.C., has space for an additional 100 prisoners.


I certainly hope it is true.

If Gitmo is closed, I wonder if the conservatives who have here insisted for years that Gitmo was not just a logical but a vitally necessary thing will decry the government's decision ... or whether it will all just turn out to have been a "defend the government against any liberal criticism" reflex.
0 Replies
 
McGentrix
 
  1  
Reply Fri 22 Jun, 2007 06:52 am
If they do close it, I hope they send all the prisoners to their home countries to be dealt with instead of trying them in American courts.

Nimh, if they close it then it will be for the reason that it is no longer needed.. While it's existence may offend the delicate sensitivities of those on the left it has served a purpose. If that purpose has come to and then that is fine.
0 Replies
 
 

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