Quote:
Originally Posted by ryneone
How are we going to let our court system (who can't even handle it's case load now) decide the fate.
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Cite on Fed Court being overloaded and unable to cope w/ Habeas proceedings? Cite on Military court being being overloaded and unable to cope w/ Habeas proceedings? These proceedings have been handled since the 8th century.
Rational explanation on how if a court system were overloaded, it's practical to just forgo basic human rights (i.e. to know for what reason you're being detained) all together rather than employing more judges? Did you not realize there's already talk pf legislation being introduced that would seek to enact a Nat. Sec. Court system (as illegitimate as I think it may be)? What say you to the 1st 1200 Article 5 (Geneva Convention) tribunals that were carried out after the 1st Gulf War which show that we have the capacity to handle a mere 80-300 people?
Quote:
Originally Posted by ryneone
These are not American citizens theses are enemy combatant caught on the battle field.
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Wrong, you haven't been paying attention at all have you?
Shayana Kadidal, senior managing attorney for the Guantanamo Global Justice Initiative at the Center for Constitutional Rights:
"The military has already said they will
only charge a maximum of 80 detainees at Guantanamo which leaves over 200 that will never be charged, and if you add that to the 500 that have already been released then it shows you
the vast majority of these people there were picked up by mistake. "
"...it's worth pointing out that
only 4% of detainees at Guantanamo were picked up on anything resembling a battle field. And
only 1 out of 512 there in 2004 were picked up by the U.S. on a battlefield"
"... 780 have been held over the last 6 years at Guantanamo;
over 500 have been released to their home countries, and you can count on the fingers of your hand how many have been charged, so
that leaves 280; 80 of which the U.S. Military states they will charge, which previous evidence would indicate is a gross exaggeration.
They've charged less than 20 so far and they seem to be willing to charge the lowest level offense, things such as
participating in the Armed Forces of Afghanistan..."
John Hutson, adviser to Sen. Barack Obama's presidential campaign; president and dean, Franklin Pierce Law Center; former judge advocate general for the U.S. Navy
"...if it turns out that there is no evidence against these people indicating that they should be incarcerated or that there detention should be continued, well
then their detention should not be continued... that's the whole point of Habeas Corpus"
"we have gotten ourselves in a real predicament with these people and a number of people that may not have been serious threats before...uh, as it remarked earlier in the conversation that many of
those were turned over to us for revenge purposes or identified as terrorists when in fact they were not, but now... some 5-6 years later, they may be a problem, but one way or another, whether with refugee status or returning them to their home country, or to a 3rd country... or prosecuting them, that's the best answer. But among these alternatives. we need to do something because we simply can't hold them forever..."
Quote:
Originally Posted by ryneone
Tekka you are arguing the case of the innocent. I have looks and found no case of an in innocent inmates.
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I'm actually arguing a more fundamental issue; that is regardless of purported guilt or innocence, there needs to be a process to decide which and a result (e.g. jailed, released, etc.). That is why the Supreme Court Ruling is a good thing.
Nevertheless, see above and if the facts of the matter still don't persuade you then unfortunately, nothing will and I find this conversation pointless, as there really isn't even an argument. It's pure conjecture, baseless notions, and exaggeration on the part of you and Sunshine_Chick vs. the facts.
Source:
WAMU 88.5 FM American University Radio - The Diane Rehm Show for Tuesday June 17, 2008
Tuesday, June 17th, 2008 --> Listen to this segment