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Powell Says Close Gitmo

 
 
Thomas
 
  1  
Reply Tue 12 Jun, 2007 11:20 am
McGentrix wrote:
No ones life is at risk if the Microsoft source code were to be leaked. We have many operational people in the field and working underground that could stand to lose quite a lot if some secrets were exposed publicly.

This may well be, but my point is that civilian courts routinely deal with confidential information, and routinely succeed at keeping it secret. The same is true of court martials, where human lives would be at stake if operational details were to be revealed. America needn't conjure up a new class of cangoroo courts to protect sensitive information.

McGentrix wrote:
It hasn't happened so that couldn't possibly have demanded it yet. Do you somehow doubt that it would happen though? Have you looked at the looney left these days? Shocked

Yes, I doubt that this would happen, and I have nothing but your say-so to alleviate my doubts. That's not a lot of alleviating.

McGentrix wrote:
How many court martial trials have tried suspected terrorists?

I don't know. But operational details are operational details. When the details concern a suspected terrorist instead of a rouge soldier, what difference does that make to the court's ability to keep them secret?
0 Replies
 
okie
 
  1  
Reply Tue 12 Jun, 2007 03:33 pm
I thought court martials were for our own soldiers that committed crimes, not for terrorists.
0 Replies
 
Thomas
 
  1  
Reply Tue 12 Jun, 2007 03:35 pm
okie wrote:
I thought court martials were for our own soldiers that committed crimes, not for terrorists.

Court martials a set of procedures. In principle, these procedures can be applied to whomever you want.
0 Replies
 
okie
 
  1  
Reply Tue 12 Jun, 2007 03:43 pm
I think it was created to enforce the UCMJ, Thomas, primarily for members of our own military. That doesn't exactly fit terrorists captured somewhere. There are lots of problems in terms of evidence collection and everything else. I would welcome anyone that actually knows something about court martials here, but that does not strike me as a practical solution. Again, terrorists have created a whole new set of problems in lots of different ways, and we are still trying to sort this out. That is why we are having trouble figuring out what to do with these people. Meanwhile, the media and Democrats are nitpicking the authorities about this as if they have practical solutions, and I don't think they do.
0 Replies
 
Thomas
 
  1  
Reply Tue 12 Jun, 2007 03:48 pm
okie wrote:
I think it was created to enforce the UCMJ, Thomas, primarily for members of our own military. That doesn't exactly fit terrorists captured somewhere.

Why? What sort of misfits do you see?

okie wrote:
There are lots of problems in terms of evidence collection and everything else.

Could you please name the three gravest ones?
0 Replies
 
okie
 
  1  
Reply Tue 12 Jun, 2007 03:58 pm
Thomas, I will need to brush up on the details of this. What I do know is that the lawyers and the military have not resorted to this yet for I am sure very good reasons.
0 Replies
 
Cycloptichorn
 
  1  
Reply Tue 12 Jun, 2007 03:59 pm
You are quite trusting, I must say, Okie

Cycloptichorn
0 Replies
 
Thomas
 
  1  
Reply Tue 12 Jun, 2007 04:05 pm
Cycloptichorn wrote:
You are quite trusting, I must say, Okie

Cycloptichorn

Come on, Okie already admitted he needs to brush up on the details of this. That's a promising start. No need to jump on him for giving his government the benefit of the doubt.
0 Replies
 
parados
 
  1  
Reply Tue 12 Jun, 2007 05:23 pm
okie wrote:
Thomas, I will need to brush up on the details of this. What I do know is that the lawyers and the military have not resorted to this yet for I am sure very good reasons.


You mean like the commander in chief setting unreasonable standards?
0 Replies
 
hamburger
 
  1  
Reply Tue 12 Jun, 2007 05:47 pm
from a lenghty report by the BBC dated feb 21 , 2006 - see link .
as the report states , about half of the prisoners have already been released without any trial .
i have to assume that they did not have any value to the united states - or putting it differently , "they were innocent of wrongdoing" .
this whole thing sounds like throwing out a net and hauling in all kinds of people , only to say after several years : "you may go home now ! no hard feelings , eh ? " .
is at any wonder that many people all over the middle-east do not trust the american system of "justice" ?
the american system of justice ranked very high in people's minds all over the world as being a fair one - at one time .
unfortunately , the united states seems to have difficulty understanding how demaging it is to its reputation worldwide to ignore many basic rules of long established laws and practices .
hbg



from the BBC report ;
Quote:
Five years after the first prisoners arrived at Guantanamo Bay, the detention camp is set for a new phase in the coming months with the start of military tribunals held under a law passed by the US Congress last September.
However, only some 75 of the 395 prisoners there at the moment are likely to face these tribunals, at least in the initial stages. For the rest, there is the prospect of indefinite detention without trial.


Quote:
In all some 775 prisoners have been at the camp since 11 January 2002. Just under half, 379, have been released.

Fourteen detainees are high-profile prisoners, who had been held at secret CIA prisons elsewhere and who were sent to Guantanamo Bay last September.


see for full report :
GITMO REPORT FROM THE BBC
0 Replies
 
okie
 
  1  
Reply Tue 12 Jun, 2007 07:29 pm
It sounds like we are moving ahead.

Just because we released the ones we did does not meant they were innocent. It merely means we weren't sure or they were low risk people that may not have been highly involved in terrorist activities, perhaps sympathizers or people on the margins of those activities. I have heard of one or more that were released that have been caught trying to kill us again, so they are hardly all obviously innocent, far from it.

Even in civilian life, we occasionally lock up the wrong people, so I am sure it may be true for a very small number, but unless you wish to not fight the war, but instead just turn them all loose, or not capture them in the first place, then I have no clue what your solution is.
0 Replies
 
parados
 
  1  
Reply Tue 12 Jun, 2007 08:25 pm
Those that are released without charges are guilty. Libby is innocent in spite of a conviction.

The cognitive dissonance is amazing.
0 Replies
 
okie
 
  1  
Reply Tue 12 Jun, 2007 08:44 pm
If you can find a quote of mine that indicates I have ever claimed that Libby was innocent, be my guest. My argument has always been that the investigation and the charges were pointless.
0 Replies
 
PoliticsJunkie
 
  1  
Reply Tue 12 Jun, 2007 10:17 pm
Where has powell been?
Rolling Eyes
0 Replies
 
okie
 
  1  
Reply Wed 13 Jun, 2007 01:23 am
Thomas wrote:
Cycloptichorn wrote:
You are quite trusting, I must say, Okie

Cycloptichorn

Come on, Okie already admitted he needs to brush up on the details of this. That's a promising start. No need to jump on him for giving his government the benefit of the doubt.


This link's debate seems to capture the debate about this about the best.

http://www.cfr.org/publication/12555/are_civilian_courts_appropriate_for_prosecuting_individuals_classified_as_enemy_combatants.html

And this quote of Rivkin seems to capture what I also believe about this:

"Fourth, the fundamental difference between Karen and me is that, deep down, she does not really accept the proposition that we are at war. This is evident in her remarks about civilian courts having been successful in trying terrorists. This may be true, but enemy combatants captured in time of war are different than peacetime terrorists and should be treated differently. Just like a war cannot be successfully fought without using military force, it cannot be waged properly without employing war's unique legal architecture."

Without going into detail, Thomas, I think it should be self evident that the conditions of war do not lend themselves to the requirements of a traditional court system where evidence, witnesses, and other considerations are entered into the equation. Just a couple of things that come to mind is that reading an enemy combatant his rights and collecting evidence are just not commonly attainable in wartime situations. Also, the problem of suitable witnesses arise, and a whole host of other problems. Besides fighting a war, do we need to hire a few thousand crime scene investigators and forensic experts, and so on? All of this strikes me as utterly preposterous.

In regard to the court martial, again, I have not gotten very far in reading about that, but it is apparent it is meant first and foremost for the members of our own military. As I read it, it might also be possibly used for terrorists under the same rules as used for that venue, for war crimes, but the use of the military commissions appears to be more suited to the problem.

Again, Thomas, it is not difficult for me to understand and believe that our military is very likely following the best solution for this problem. Nobody is claiming the solution is perfect, not by a long shot, but is any solution during war a perfect one? It seems to me that too many people simply stick their heads in the sand and pretend the detainees are all picked up for no reason, and that they are all harmless. Why is it that so many people rush to constantly nitpick and criticize the United States for trying to fix a problem?
0 Replies
 
Doowop
 
  1  
Reply Wed 13 Jun, 2007 01:40 am
Maybe because everyone's more comfortable with the notion of "innocent until proven guilty"?
0 Replies
 
okie
 
  1  
Reply Wed 13 Jun, 2007 02:08 am
You make the same argument here that we are dealing with a civilian problem, not a war problem. Are our soldiers supposed to read the enemy his rights before he shoots him or gets shot? How many times does this point have to be repeated here?
0 Replies
 
Thomas
 
  1  
Reply Wed 13 Jun, 2007 05:02 am
okie wrote:
This link's debate seems to capture the debate about this about the best.

Actually, it captures every debate about everything: The problem with debates is that all those people who disagree with me just don't get it.
0 Replies
 
Thomas
 
  1  
Reply Wed 13 Jun, 2007 05:21 am
okie wrote:
Without going into detail, Thomas, I think it should be self evident that the conditions of war do not lend themselves to the requirements of a traditional court system where evidence, witnesses, and other considerations are entered into the equation.

I was proposing to give enemy combatants court-martials, or something very similar to them. Can we agree that court-martials, a system designed for the conditions of war, lend themselves to operating under the conditions of war?

okie wrote:
In regard to the court martial, again, I have not gotten very far in reading about that, but it is apparent it is meant first and foremost for the members of our own military.

It is also apparent that your own source disagrees: "as explained in my first post, courts martial deal with lawful combatants, both one's own and the enemy's, and are meant to be operating differently than military commissions, which handle unlawful enemy combatants." (Emphasis added.) While the United States has made a policy decision not to try unlawful enemy combatants in court martials, your claim that court martials aren't for enemy combatants at all is refuted by your own source.

okie wrote:
You make the same argument here that we are dealing with a civilian problem, not a war problem. Are our soldiers supposed to read the enemy his rights before he shoots him or gets shot? How many times does this point have to be repeated here?

You didn't address this to me; still, I'd point out that reading rights to enemy soldiers is not required by the laws of law. Failure to read them will not disqualify any evidence in a court martial.
0 Replies
 
revel
 
  1  
Reply Wed 13 Jun, 2007 10:25 am
Bob Gates advocates closing down Guantanamo Bay,

Quote:
Soon after he was confirmed as Secretary of Defense, Bob Gates began to advocate closing down Guantanamo Bay, The New York Times, reports. He argued that the base "had become so tainted abroad that legal proceedings at Guantanamo would be viewed as illegitimate."

Secretary of State Condoleeza Rice backed him up. But they had a powerful contingent opposing them:

Mr. Gates's arguments were rejected after Attorney General Alberto R. Gonzales and some other government lawyers expressed strong objections to moving detainees to the United States, a stance that was backed by the office of Vice President Dick Cheney, administration officials said.
...[T]he high-level discussions about closing Guantánamo came to a halt after Mr. Bush rejected the approach, although officials at the National Security Council, the Pentagon and the State Department continue to analyze options for the detention of terrorism suspects.


The main logic for Cheney's and Gonzales' opposition was two-fold. First and foremost was the reason that Gitmo was created, because bringing the prisoners to American soil would make things much more complicated -- because of American law. Second was that, even though Bush has said that he wants to eventually close Gitmo, "closing it would be seen as a public admission of an incorrect policy" (i.e. much better for Bush to go back on his word than reverse a disastrous policy).

For now, Gates and Rice are on the losing side of the debate. But that might not last too much longer:

Even so, one senior administration official who favors the closing of the facility said the battle might be renewed.
"Let's see what happens to Gonzales," that official said, referring to speculation that Mr. Gonzales will be forced to step down, or at least is significantly weakened, because of the political uproar over the dismissal of United States attorneys. "I suspect this one isn't over yet."
0 Replies
 
 

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