McGentrix wrote: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.
The problem will be what to do with the prisoners that don't want to go 'home'. Those detainees that actually know what
real torture entails and have said they'd rather stay in Gitmo.
HokieBird wrote:McGentrix wrote: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.
The problem will be what to do with the prisoners that don't want to go 'home'. Those detainees that actually know what
real torture entails and have said they'd rather stay in Gitmo.
Can you prove with links prisoners have said they would rather stay at Gitmo? More than half were only gathered up in an effort to obtain information.
Quote:In the administration's effort to obtain raw intelligence, officials said, it was easier to ship hundreds of men with unclear allegiances to a naval base in Cuba in early 2002 and ask the hard questions later. But with a government focused on interrogations, a bureaucracy lacking tolerance for risk and a detention policy under legal attack, the United States has found it difficult to free many of the detainees, regardless of the information it has on the threat they pose.
source
The thing is that place is becoming problematic in prosecuting terrorist because of the legal limbo status the detainees have. That needs to change more than just a building.
Nevertheless, the fact that those particular detainees would rather stay at Gitmo than be returned home to be tortured does not justify being held there for five years in legal limbo with no representation. It's like being given a choice between bad and worse. We should be made to give them asylum in the US if they are ever tried before a trustworthy international tribunal and found to be innocent; or at least find other safer places for them to go.
revel, you are going to come and clean my lunch off my monitor, aren't you?
You two have nothing left but one-liners.
http://www.chron.com/disp/story.mpl/ap/world/4912958.html
Quote:Army officer says Gitmo panels flawedAn Army officer with a key role in the U.S. military hearings at Guantanamo Bay says they relied on vague and incomplete intelligence and were pressured to declare detainees "enemy combatants," often without any specific evidence.
His affidavit, released Friday, is the first criticism by a member of the military panels that determine whether detainees will continue to be held.
Lt. Col. Stephen Abraham, a 26-year veteran of military intelligence who is an Army reserve officer and a California lawyer, said military prosecutors were provided with only "generic" material that didn't hold up to the most basic legal challenges.
Despite repeated requests, intelligence agencies arbitrarily refused to provide specific information that could have helped either side in the tribunals, according to Abraham, who said he served as a main liaison between the Combat Status Review Tribunals and those intelligence agencies.
"What were purported to be specific statements of fact lacked even the most fundamental earmarks of objectively credible evidence," Abraham said in the affidavit, filed in a Washington appeals court on behalf of a Kuwaiti detainee, Fawzi al-Odah, who is challenging his classification as an "enemy combatant."
The Pentagon had no immediate comment, but a spokesman said Defense Department officials were preparing a response to the affidavit.
An attorney for al-Odah, David Cynamon, said Abraham "bravely" agreed to provide the affidavit when defense lawyers contacted him.
"It proves what we all suspected, which is that the CSRTs were a complete sham," Cynamon said.
Matthew J. MacLean, another al-Odah lawyer, said Abraham is the first member of a Combat Status Review Tribunal panel who has been identified, let alone been willing to criticize the tribunals in the public record.
"It wouldn't be quite right to say this is the most important piece of evidence that has come out of the CSRT process, because this is the only piece of evidence ever to come out of the CSRT process," MacLean said. "It's our only view into the CSRT."
Abraham said he first raised his concerns when he was on active duty with the Defense Department agency in charge of the tribunal process from September 2004 to March 2005 and felt the issues were not adequately addressed. He said he decided his only recourse was to submit the affidavit.
"I pointed out nothing less than facts, facts that can and should be fixed," he told The Associated Press in a telephone interview from his office in Newport Beach, Calif.
The 46-year-old lawyer, who remains in the reserves, said he believe he had a responsibility to point out that officers "did not have the proper tools" to determine whether a detainee was in fact an enemy combatant.
"I take very seriously my responsibility, my duties as a citizen," he said.
Cynamon said he fears the officer's military future could be in jeopardy. "For him to do this was a courageous thing but it's probably an assurance of career suicide," he said.
The military held Combatant Status Review Tribunals for 558 detainees at the U.S. Naval Base at Guantanamo Bay in 2004 and 2005, with handcuffed detainees appearing before panels made up of three officers. Detainees had a military "personal representative" instead of a defense attorney, and all but 38 were determined to be "enemy combatants."
Abraham was asked to serve on one of the panels, and he said its members felt strong pressure to find against the detainee, saying there was "intensive scrutiny" when they declared a prisoner not to be an enemy combatant. When his panel decided the detainee wasn't an "enemy combatant," they were ordered to reconvene to hear more evidence, he said.
Ultimately, his panel held its ground, and he was never asked to participate in another tribunal, he said.
In April, the Supreme Court declined to review whether Guantanamo Bay detainees may go to federal court to challenge their indefinite confinement.
Lawyers for the detainees have asked the justices to reconsider and included Abraham's affidavit in a filing made Friday. The administration opposes the request.
The whole Guantanamo court process is a joke. That's half the reason to get rid of the whole 'alternative justice system' bullshit pushed by the Bushies: not only is it a bad idea in the first place, but it's executed with the usual lack of competence that we see from the crew in charge.
Cycloptichorn
HokieBird wrote:Quote:Cynamon said he fears the officer's military future could be in jeopardy.
What do you find funny about that? Specifically.
Cycloptichorn
It doesn't take a blind man to see that Gitmo has always been a chamber of torture. Most of those prosecuted for "torture" were low ranking soldiers, and the high ranking and administration members remain "blameless." Thanks to our congress, Gonzales, and the supreme court, our country has no balance of power to ensure the protections guaranteed by the Constitution, Bill of Rights, and Geneva Convention.
the referenced article appeared in the march 2007 issue of VANITY FAIR .
since it stretches over several pages , i'm giving the link for anyone who wants to hear directly from JAG lawyer CHARLES SWIFT .
there is really nothing for me to add , except to suggest that you take a few minutes and read the article . i don't think you'll regret it .
hbg
Quote:Taking on Guantánamo
Assigned to defend a Guantánamo detainee, jag lawyer Charles Swift joined up with legal scholar Neal Katyal and sued the president and secretary of defense over the new military-tribunal system. With their 2006 Supreme Court victory overridden by the Republican Congress, and Swift's navy career at an end, they are fighting on.
by Marie Brenner March 2007
.
read comolete article :
JAG SWIFT TALKS TO VANITY FAIR
I suppose these bottom feeders will think its funny Lieutenant Commander Charles Swift lost his career as jag officer of twelve years. This country is just sick.
I still remember seeing Bush on tv when he said "we don't torture our prisoners," and "we don't do illegal wiretaps."
Makes you want to puke on his face. There are still Americans who still trust this liar.
revel :
i'm glad you read the article .
i didn't pay much attention to VANITY FAIR until recently .
i purchased a subscription for mrs h and now look forward to it every month !
it's all mrs h's fault ! (i'm glad she asked for the subscription - sometimes i need a push
)
hbg
Let's face it; the whole Bush regime is flawed, and Americans still allow him to be our president.
Army officer says Gitmo panels flawed
By BEN FOX, Associated Press Writer
28 minutes ago
SAN JUAN, Puerto Rico - An Army officer with a key role in the U.S. military hearings at Guantanamo Bay says they relied on vague and incomplete intelligence and were pressured to declare detainees "enemy combatants," often without any specific evidence.
His affidavit, released Friday, is the first criticism by a member of the military panels that determine whether detainees will continue to be held.
Lt. Col. Stephen Abraham, a 26-year veteran of military intelligence who is an Army reserve officer and a California lawyer, said military prosecutors were provided with only "generic" material that didn't hold up to the most basic legal challenges.
Despite repeated requests, intelligence agencies arbitrarily refused to provide specific information that could have helped either side in the tribunals, according to Abraham, who said he served as a main liaison between the Combat Status Review Tribunals and those intelligence agencies.
"What were purported to be specific statements of fact lacked even the most fundamental earmarks of objectively credible evidence," Abraham said in the affidavit, filed in a Washington appeals court on behalf of a Kuwaiti detainee, Fawzi al-Odah, who is challenging his classification as an "enemy combatant."
The Pentagon had no immediate comment, but a spokesman said Defense Department officials were preparing a response to the affidavit.
Cycloptichorn wrote:HokieBird wrote:Quote:Cynamon said he fears the officer's military future could be in jeopardy.
What do you find funny about that? Specifically.
Cycloptichorn
If Cynamon (or you) knew anything about military promotions boards, you'd see why that statement is so laughable.
revel wrote:I suppose these bottom feeders will think its funny Lieutenant Commander Charles Swift lost his career as jag officer of twelve years. This country is just sick.
More left-wing lip-flapping from the guttersnipes. Why don't you inform us just why "Lieutenant Commander Charles Swift lost his career as jag officer of twelve years"? You seem to know a lot about it.
HokieBird wrote:revel wrote:I suppose these bottom feeders will think its funny Lieutenant Commander Charles Swift lost his career as jag officer of twelve years. This country is just sick.
More left-wing lip-flapping from the guttersnipes. Why don't you inform us just why "Lieutenant Commander Charles Swift lost his career as jag officer of twelve years"? You seem to know a lot about it.
Read the article and you'll know too.