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| Federal Judge Orders 5 GITMO Detainees Released "Forthwith"Getting judges involved in national security matters, what could go wrong? U.S. District Judge Richard J. Leon, in the first ruling to carry out the Supreme Courts June decision on detainees rights, ordered the federal government to release five Guantanamo Bay detainees forthwith. The judge found, however, that the government had justified the continued imprisonment of a sixth detainee, Belkacem ben Sayah. The judge, in an unusual added comment, suggested to senior government leaders that they forgo an appeal of his ruling on freeing the five prisoners, suggesting that seven years is enough in captivity. He argued that the government could pursue whatever legal issues it wished to while defending on appeal his ruling in the case of ben Sayah.One of those covered in this decision is Lakhdar Boumediene. It was Boumedinene who was the named defendant in the Supreme Court case which granted foreign nationals, held outside of US territory access to American courts. Lawfare! It's Awesome. Thanks to Gabe who is too busy working to blog for you. Just remember who really cares about you morons. UPDATE: Gabe sends this along in email. Judge Leon has been extremely fair in all his war on terror cases. If he says the classified documents provided by the government do not credibly establish that these five men are enemy combatants, I am inclined to believe him. That he did, in fact, rule that the sixth should continue to be detained reinforces the idea that he is giving some deference to the military's evidence.I can't speak to Judge Leon's previous record or the benefit of the doubt he should get (though there's no reason to doubt Gabe on that) but I absolutely agree with his larger point...this isn't about any particular district judge's decision, it's about the Supreme Court. Boumediene v. Bush basically offered these detainees a way to short circuit the military tribunals and threw open the court house doors by saying detainees had Habeas rights. They basically then told the lower courts to work out what other rights they had and the standards to adjudicate them. Judge Leon, like all other lower court judges have to figure this out for themselves but they are bound to give these guys fair hearings and that's not their fault, that's the Supreme Court's fault. Comments1
So when are the terrorists being delivered to Mr Leon's house?
Posted by: Mark E at November 20, 2008 12:45 PM (w5RwR) 2
They should release them forthwith. Into the shark filled ocean off the coast of Somalia.
Posted by: chad at November 20, 2008 12:45 PM (lNQg8) 3
Or just kick them out the gates into Cuba itself.
Posted by: chad at November 20, 2008 12:46 PM (lNQg8) 4
Who cares about stupid stuff like due process and justice? The government says they are guilty and the government wouldn't lie! Posted by: myiq2xu at November 20, 2008 12:48 PM (2WD/G) 5
The detainee stated, if released, he would return to Algeria or Bosnia to be with his family.
Interesting. The gov. is alleging he has ties to that Algerian terrorist group. Release him to Algeria. They will take real good care of him. Posted by: Perry Mason at November 20, 2008 12:50 PM (nTC6Z) 6
Who cares about stupid stuff like due process and justice?
The left sure doesn't! All they care about is setting the guilty free. Posted by: Perry Mason at November 20, 2008 12:52 PM (nTC6Z) 7
I agree with the judge, these terrorists should be released....from a plane at 35,000 ft.
Posted by: kefka at November 20, 2008 12:56 PM (fKivs) 8
I guess that's one Bush 43 appointment that didn't work out so well.
Posted by: pistolero at November 20, 2008 12:57 PM (QuCVu) 9
The left's whole rationale for releasing Gitmo terrorist is the a priori evaluation that the gov't is incapable of telling the truth about the poor brown people who really didn't want to kill us, but was just making that bomb vest because, ya know, it can get awfully cold in the Maghreb.
Posted by: Dash Rendar at November 20, 2008 12:58 PM (/TEUM) 10
The article doesn't give enough specifics to make a judgement one way or the other. I don't automatically conclude the judge is wrong, however. He may be right.
Those of you calling for these men -- men the courts have judged to be among the least culpable and dangerous of detainees -- to be killed, in essence (I'm looking at you, chad) are sick fucks who, while you may be free and from a decent country, are criminals at heart yourself. I hope you're not also Christians, because that would make it laughable. Posted by: Christoph at November 20, 2008 01:00 PM (hawOV) 11
You too, kefka. You're a despicable anonymous coward calling for your government to murder people.
Posted by: Christoph at November 20, 2008 01:01 PM (hawOV) 12
Mark (#1), it's exactly what I was thinking when I was clicking to get to comments. I wish we would get an answer on that.
Posted by: fireweed at November 20, 2008 01:01 PM (sA5mA) 13
I agree with the judge, these terrorists should be released....from a plane at 35,000 ft.
Kind of like the WKRP annual Thanksgiving turkey give away. Posted by: Perry Mason at November 20, 2008 01:01 PM (nTC6Z) 14
A lot of you people are evil butchers at heart. I don't even think you have the courage of these detainees.
Posted by: Christoph at November 20, 2008 01:02 PM (hawOV) 15
The gov. is alleging he has ties to that Algerian terrorist group.
Release him to Algeria. They will take real good care of him.
Hopefully, they'll give him a medal and shake his hand when they drop him off in Algeria, then hold a press conference thanking him for all the valuable information he provided. Posted by: Brendan at November 20, 2008 01:05 PM (2jQGY) 16
Christoph has convinced me: Bring out the wood chipper! No one said that had to be released in one piece.
Posted by: Perry Mason at November 20, 2008 01:06 PM (nTC6Z) 17
The six prisoners were captured in Bosnia, where they had been living, although they are all natives of Algeria.
In ruling against the government as to the five detainees, Judge Leon said that the Justice Department and intelligence agencies had relied solely on a classified document, which he found was not persuasive on the governments claim that the five had planned to travel to Afghanistan to join in hostile actions against the United States and allied forces. OMG! These Algerians were in Bosnia and "planned" to travel to Afganistan! Kill them now!!!! Posted by: myiq2xu at November 20, 2008 01:07 PM (2WD/G) 18
Jeez, put your ball gag back in, Christoph.
Posted by: runninrebel at November 20, 2008 01:08 PM (0n9wc) Posted by: Perry Mason at November 20, 2008 01:09 PM (nTC6Z) 20
The sick fucks are the people who want these scumbags treated with all the constitutional rights of American citizens when they are not even entitled to be treated as POWs under the Geneva Convention, or released simply because they have been held for a number of years. Did we give German and Japanese soldiers civil trials? Are the Marines supposed to be getting warrants and reading their rights to them?
Oh, but I am sure they were only gathering up wildflowers when our evil military picked them up, right Chris? Posted by: the real joe at November 20, 2008 01:09 PM (NJ/RA) 21
Keep them away from Washington D.C.!
Posted by: Obammy at November 20, 2008 01:09 PM (ivZjP) 22
"Did we give German and Japanese soldiers civil trials?"
A lot of these men weren't combatants, dumbshit. The judge ordered the one person when even sought to travel to Afghanistan to join hostilities to remain in detention. Posted by: Christoph at November 20, 2008 01:13 PM (hawOV) 23
I don't automatically conclude the judge is wrong, however. He may be right.
Why? Because it is not his call. It is not the province of the judiciary to be intruding into the military. We are at war. These people were captured in war. The judiciary does not have war powers. Regardless of the make-it-up-as-we-go-along rulings of the courts, regardless of constantly-changing-the-rules-and-moving-the-goalposts rulings of the courts, regardless of the tyrannical assertions of judges that they are more supreme than God Himself, the courts have ZERO competency or actual constitutional authority getting into the business of adjudicating cases of enemy combatants. The judge here is WRONG on a thousand points.
Posted by: Bender at November 20, 2008 01:13 PM (62LLx) Posted by: Mr. Pissed at November 20, 2008 01:14 PM (X7Ey1) 25
"Oh, but I am sure they were only gathering up wildflowers when our evil military picked them up, right Chris?"
More or less. Posted by: Christoph at November 20, 2008 01:14 PM (hawOV) 26
I know, lets send them to Christoph's neighborhood since he thinks they are so innocent. I think we should allow them a least a hour with Rosie O'donnell's naked body first. Posted by: navycopjoe at November 20, 2008 01:14 PM (xz/YV) 27
You too, kefka. You're a despicable anonymous coward calling for your government to murder people.
Oooo, you put me in my place. It takes courage to call someone an anonymous coward from the internet....anonymously. Posted by: kefka at November 20, 2008 01:16 PM (fKivs) 28
Didnt the court already call for some of these scum to be released into the U.S. last month and that is under appeal?
A lot of us predicted this shit if the courts got involved and now it is happening. As far as these people being low level non-combatant pussies, the government turned all of those lose long ago. From what I have heard described by neutral party observers, all that is left at Gitmo is the real hardcore. This is why no country wants them and we cant do anything with them.
I do in fact blame Bush for this shit. After he lost that first case in which Kennedy, the dick sucking traitor, got up on the left side of the bed, he should have shipped everyone of these assholes to some other nation and destroyed the records showing where they went. He could have then resigned and had Chaney pardon him.
That is what a Democrap would have done. Posted by: Vic at November 20, 2008 01:16 PM (Qd7GC) 29
Algeria, Bosnia, such garden spots of peace and tranquility.
Posted by: Techie at November 20, 2008 01:16 PM (EVMm7) 30
"Because it is not his call. It is not the province of the judiciary to be intruding into the military."
The Supreme Court ruled otherwise. Unless Congress -- possibly working with a majority of the states -- takes it to task, that's the way it is now, your feelings not withstanding. Posted by: Christoph at November 20, 2008 01:16 PM (hawOV) 31
One thing he could do now is the Andy Jackson thing. Tell SCOTUS to piss off. Posted by: Vic at November 20, 2008 01:17 PM (Qd7GC) 32
kefka, your point in comment #27 is not completely without merit, but the one major difference is I don't call for anyone to be murdered -- not just murdered, but murdered by the government no less -- anonymously.
Your thoughts are evil. Are you a Christian? Posted by: Christoph at November 20, 2008 01:18 PM (hawOV) 33
Didnt the court already call for some of these scum to be released into the U.S. last month and that is under appeal?
Yeah, and obama's cronies are already dropping hints that these people are too dangerous to release even if found innocent, in that no country wants them and they sure as hell aren't staying here. Now they hint that we shd keep Gitmo open. Posted by: Perry Mason at November 20, 2008 01:20 PM (nTC6Z) 34
So stick 'em in a leaky row boat and release them in the middle of the ocean.
Posted by: Dang at November 20, 2008 01:21 PM (XFyLb) 35
So stick 'em in a leaky row boat and release them in the middle of the ocean.
Chum the waters first. Posted by: Perry Mason at November 20, 2008 01:23 PM (nTC6Z) 36
Evil? that's not evil. THIS IS EVIL. They should cut their heads off, burn the bodies in pig oil (gets them a one way ticket to muslim hell), and put the heads on a spike in their hometowns to let others know not to fuck us anymore. Oh, and pimp slap the fuck out of their parents for bringing their asses into this world. And yeppers, I'm a Christain but I prefer the old testament. Posted by: navycopjoe at November 20, 2008 01:25 PM (xz/YV) 37
It's one thing to say, "Judge made a bad decision and lacks authority to do this. Appeal until we get the right decision or there are no appeals left. And get Congress and/or the President involved to do whatever they can."
I may or may not agree with that, but it is a lot different than: "Kill them." Nazis! Posted by: Christoph at November 20, 2008 01:26 PM (hawOV) 38
Yea, all this would have no trouble for the cost of a half dozen 7.62 mm rounds.
I guess people go to Afghanistan this time of year for the scenery, or something. Not like there's a war going on. Not like the Judge has a vested interest in rebuking W, despite whatever the classified dossier says. Nor have their been other jihadis traveling to battlefields from far off countries like Algeria, Morocco, France, Chechnya, Jordan, Syria, Iran, Libya, Somalia (Fallujah). No, this method of agitating fits in perfectly well with the liberal "there is no intent until it actually happens," wherein jihadis did not not exist prior to 9/11, therefore Clinton bears no culpability; where getting 2 steps ahead of the jihadis and locking them up as the scum they are is viewed as a crime against humanity. Or the gitmo detainees released on exactly this bullshit and summarily return to the battlefield to kill civilians and/or troops (it's happened about 7 times thus far, if I'm wrong correct me). Well I could go on and on, but I'm going to be drinking a nice glass of schadenfreude the day O! decides to keep Gitmo open, because he read some of the classified briefs and begins to understand the world is not quite the place he thought it was. Posted by: Dash Rendar at November 20, 2008 01:27 PM (/TEUM) 39
Christoph, you realize the signatories of the Geneva Convention are allowed to summarily execute un-uniformed combatants not part of a regular army or nation?
Posted by: Dash Rendar at November 20, 2008 01:30 PM (/TEUM) 40
I will repeat, Bush should exhaust all appeals, then hang them, per their Geneva rights, en mass at dawn on inauguration day. Obama can decide what to do with their still warm, orange body bags.
Posted by: Jean at November 20, 2008 01:30 PM (HVRSA) Posted by: Perry Mason at November 20, 2008 01:31 PM (nTC6Z) 42
"Christoph, you realize the signatories of the Geneva Convention are allowed to summarily execute un-uniformed combatants..."
Yes. They weren't combatants. The one who was suspected of travelling in order to become a combatant (but had not yet) was ordered to be continued to be detained. Posted by: Christoph at November 20, 2008 01:31 PM (hawOV) 43
Just release them into Canada, maybe with a map of where the Army deserters are. They can stay with them.
Posted by: TomC at November 20, 2008 01:34 PM (mcFb3) 44
Christoff, Christian or not, I believe Allah would approve of their martyrdom. Why would you stand in the way of Allah's Will?
Posted by: Fritz at November 20, 2008 01:36 PM (aaGD+) 45
"Yes. They weren't combatants. The one who was suspected of travelling in order to become a combatant (but had not yet) was ordered to be continued to be detained."
So the logic is what exactly? Release him so he can go carry out his mission? It wouldn't be the first time it happened with a former gitmo prisoner. So you can go deliver the flag to the parents of the kid who dies in a suicide bombing while patrolling in Kandahar or wherever. Really, I don't give a fuck, this is war, let them rot away in a cell there. In any case, fuck off and die christoph. Posted by: Dash Rendar at November 20, 2008 01:36 PM (/TEUM) 46
Just shoot the assholes. How the hell the status of this bipedal feces got morphed into POW status is beyond my comprehension. Given their circumstances, not a single one fell under any auspice of the GC. I agree, cutting them loose at 35000 feet would trouble me not a bit, and if anyone's offended by that, tough fucking shit. Posted by: irongrampa at November 20, 2008 01:36 PM (ud5dN) 47
Release them into the general population of some Federal SuperMax prison. In a week, they'll be found that they committed suicide. By hitting their heads on the toilet. Seventeen times.
Yea, all this would have no trouble for the cost of a half dozen 7.62 mm rounds. There's two reasons there were so few Japanese POWS in WWII. One had to do with the Colt 45. Posted by: CUS at November 20, 2008 01:37 PM (+p7v2) 48
Maybe time for a Minuteman offshoot and trail these "people" night and day.
Posted by: J.J. Sefton at November 20, 2008 01:39 PM (zpaDL) 49
Yea, put a little GPS thinger in his arm, let him free in wherever, track him with a drone, problem solved.
Posted by: Dash Rendar at November 20, 2008 01:41 PM (/TEUM) 50
"Keep in mind that he is required at this point to rule on their habeas
petitions. He originally upheld the MCA and was subsequently overruled
by the Supreme Court. It was not his idea to allow overseas detained
enemy combatants access to the federal courts. But now that they have
been given such access, he is bound by his oath to give them a fair
hearing."
Sounds like the judge is a real arsehole. You fucking idiots. "Yea, all this would have no trouble for the cost of a half dozen 7.62 mm rounds." -- Dash Rendar "Just shoot the assholes." -- irongrampa Etc. and etc. over and over again on this thread. You people aren't morally nor ethically qualified to spit shine Judge Leon's shoes. While there are some decent people here -- by and large they they are keeping their mouths shut -- the level of evil is disgusting and you do not deserve my presence. I'm sure it won't make you sad -- nor would I want someone with your evil to be sad -- that I shall depart and leave you to your vicious impotence. Posted by: Christoph at November 20, 2008 01:41 PM (hawOV) Posted by: Slublog at November 20, 2008 01:43 PM (R8+nJ) Posted by: David in San Diego at November 20, 2008 01:43 PM (GF+6V) 53
Our enemies decided to make this war an asymmetrical one without borders.
They were combatants regardless of their physical location. They affiliated themselves with our enemies, sought the means and opportunity to harm us (and probably a few Canadians, too), and chose not to clearly identify themselves. They chose to hid in civilian populations and target civilians. In a war without borders, you can be a combatant anywhere. Too much of this LawFare (like the new Jargon) is location based instead of circumstance based. In retrospect, GitMo was a mistake - these guys should have been held on a unflagged ship operated by contractors of undeclared nationality working from an off-budget slush fund. Maybe SeaLand was a good idea. Posted by: Jean at November 20, 2008 01:44 PM (HVRSA) 54
You know, I really think that Christoph's thong is giving him a permanent wedgie, hence his general attitude.
Pity, that. Posted by: irongrampa at November 20, 2008 01:44 PM (ud5dN) 55
Well, that's the problem now isn't it. Giving constitutional rights to non-citizens.
Posted by: Dash Rendar at November 20, 2008 01:45 PM (/TEUM) 56
OK, hand them over to someone who will treat them nice.
The Afghani government comes to mind. Maybe the Iraqi government.... Posted by: iconoclast at November 20, 2008 01:45 PM (ex0JG) 57
When condescending prickishness rang Christoph's door he answered it. It takes a special type of douchebag that relishes in the dislike he garners from normally good and non confrontational people. He is nothing more than a mentally weak internet provocateur. In layman's term - a loser. Posted by: polynikes at November 20, 2008 01:48 PM (m2CN7) 58
By the way, at least 10 former prisoners of Gitmo had returned to the battlefield. Maybe Christoph wants to give them a handjob. Loser. Posted by: polynikes at November 20, 2008 01:50 PM (m2CN7) 59
Christoph: wahhh, no one agreeeess with meee, wahhh, why can't we just be nice to the terrorists, wahhhhh.
Posted by: Dash Rendar at November 20, 2008 01:50 PM (/TEUM) 60
Pwehaps a small format change would be in order here, like, say, putting the commenter's name at the top of the post? Probly save a good deal of aggravation overall, imho.
Posted by: irongrampa at November 20, 2008 01:51 PM (ud5dN) 61
CUS, you are referring to another circumstance where we were faced by an enemy who did not adhere to the GC and in many circumstances perferred death to capture.
US Law and War Department policy would have us offering quarter to the Japanese; however, the "rules" were enforced by our NCOs a little differently. Everytime one of these judges reaches one of these suicidial decisions, more NCOs and junior grade officers realize what the "rules" are going to be. Posted by: Jean at November 20, 2008 01:51 PM (HVRSA) 62
Did you guys just fix the "C" problem? The dramatic exit was oscar worthy. I just hope he means it... Posted by: Eleven at November 20, 2008 01:51 PM (7DB+a) 63
It's OK Christoph, we've elected Obambi. We will shortly revert back to being the Pillsbury Doughboy nation you loved so much before Bush made the world all yucky and uncomfortable, and will treat all foreigners, enemies and illegals, better than we treat our own citizens.
Posted by: Mark in Portland at November 20, 2008 01:52 PM (+45yf) 64
Christoph brings assclownery to a new level. Hey, I think I found a new term!! Need to copyright that sucker. Yo Christoph, can I use your photo when Websters call me for the dictionary entry? Posted by: navycopjoe at November 20, 2008 01:53 PM (xz/YV) 65
And all this shit came about simply because we treated thes people as POW"S, 'cause it's what we DO, being America. Few years back I argued this with a leftwit, using parts of the GC to buttress my argument, etc, it was indeed like nailing jello to the wall. Consequently, no more debating with them, as I've gotten tired of chasing topics and goalposts. Posted by: irongrampa at November 20, 2008 01:56 PM (ud5dN) 66
Well, I hope you're proud of yourselves.
You made a maple-tokin', moose carcass-pokin', healthcare-going-brokin' Canadian cry! The most morally moral moralists in the world. I just pray to God you can live with the shame. Posted by: rinseandspit at November 20, 2008 01:57 PM (ao5cQ) 67
Gosh, I wish that I was as perfect a being as Christoph. Imagine what it would be like to never have had an uncharitable thought about another human being, to be filled with the glowing light of unconditional love for all mankind.
Does carrying the burden of your own perfection cause you any pain, Christoph? If you knew the first thing about Christianity, you would know that even Christ had uncharitable thoughts. It doesn't make you a bad Christian, it makes you human. Maybe someday you will descend from your ethereal plane and walk amongst us mortals to see what it's like. Posted by: Beppo at November 20, 2008 01:58 PM (Ka5Jh) 68
Small thought--is everyone sure that we're not being played here? I've read Christoph's postings before, and I agree he can be a trial, but something isn't really resonating with this last, or is it just me?
Posted by: irongrampa at November 20, 2008 02:02 PM (ud5dN) 69
Ahh, well in 50 years there won't be so many canucks and will silently annex them, because of that whole not having enough babies thing. I've got my eye on Saskatchewan.
Posted by: Dash Rendar at November 20, 2008 02:02 PM (/TEUM) 70
All it took to rid ourselves of Chrisoph's grating condescension and insufferable arrogance was a little over-the-top hyperbole about Gitmo terrorist detainees? What took us so long? Posted by: Fred at November 20, 2008 02:02 PM (fcfPV) Posted by: Perry Mason at November 20, 2008 02:03 PM (nTC6Z) 72
Yea, he usually seems, I dunno, more amenable to conservative thought. Maybe it's a canuck thing, or maybe he's working on astroturfing 2.0 wherein they agree with the group for a bit, then break in a really dramatic way so we're all like, "ahhh no we lost one of our own, we should change our ways," or some such. Equally as ineffective as cccs.
Posted by: Dash Rendar at November 20, 2008 02:04 PM (/TEUM) 73
Should have shot them instead of bringing them to Gitmo.
India has been fighting Islamic terrorists for ages. They learned the hard way that a live terrorist is a liability. The courts, media and human terrorist rights groups get involved. Indian forces have not caught a live terrorist in last 8-9 years. They just kill them on sight. You don't achieve security for your citizens by extending due process to terrorists. Posted by: Tushar at November 20, 2008 02:05 PM (PTWes) 74
Yeah Christoph you might want to look up the words irony and sarcasm.
First off I have posted here many times that the prisoners in Gitmo deserve the due process they would be afforded under the Geneva Convention. I happen to think that that is limited to a combatant status review panel. The Supreme Court disagreed so, while I disagree with their reasoning, I now support the process which in it's infinite wisdom has at this point determined that these 5 individuals deserve to go free. What I disagree with and what I was making fun of was the judges "Forthwith" declaration and his veiled threat to the government not to appeal or he will release classified information, essentially setting himself above the law. So in short SCREW YOU! Posted by: chad at November 20, 2008 02:06 PM (lNQg8) 75
With reference to the materials added by Gabe above about Judge Leon's role in this matter; he should have given them a fair hearing. Then ruled in favor of the Government without examining the evidence, deferring to the expertise of Executive branch. He did not have a need-to-know the intelligence file backing up their detention as he did not have the experience nor the background information to interpret it correctly. At worst, he should have appointed a Special Master, with the necessary background and experience, to advise him.
Judge Leon should have kicked it right back to the SCOTUS. As it is, we will fly them back to Algeria and they will likely be shot on the tarmac by the Algerian government. It will make a great framed photo for Judge Souter's chambers. Posted by: Jean at November 20, 2008 02:06 PM (HVRSA) 76
If you knew the first thing about Christianity, you would know that even Christ had uncharitable thoughts. No, Beppo. No. Jesus may have been angry or frustrated at times, but never uncharitable. Jesus was and is, in all things, the model of charity. The word "charity" is from the Latin caritas, which means "love." Being Love Himself, everything that Christ did and does, is done with and in Love. Even if He appeared to be a bit harsh, it was in a spirit of love, that is, charity. Likewise, we too have an obligation to act in charity -- although it might be necessary for some to smack Christoph upside the head, it should be done in charity to knock some sense into him and not merely pounding him for the sake of pounding him. Posted by: Bender at November 20, 2008 02:06 PM (62LLx) Posted by: Tushar at November 20, 2008 02:06 PM (PTWes) 78
#72--or, like I said, it's his thong giv___ him a permanent wedgie.
Posted by: irongrampa at November 20, 2008 02:06 PM (ud5dN) 79
Dash, in 50 years Canuckistan is going to Glacier over.
Posted by: Jean at November 20, 2008 02:08 PM (HVRSA) Posted by: Tushar at November 20, 2008 02:09 PM (PTWes) 81
Wow, I missed Chrissy's little line about the terrs having courage. (#14) Have to save it if he pops up again.
Posted by: Jean at November 20, 2008 02:11 PM (HVRSA) 82
Yea Jean, but by that point we'll have sick lasers to make ice cities and whatnot, so, like, win win.
Posted by: Dash Rendar at November 20, 2008 02:12 PM (/TEUM) 83
Is that all it takes?
Good. They need to shoot, hang, guillotine, draw, quarter, cut up,and feed the Gitmo terrorists to the vultures. As graphically as possible. Bwhahahaha! Posted by: Dr. Remulak at November 20, 2008 02:12 PM (YmPwQ) 84
Boumediene v. Bush basically offered these detainees a way to short circuit the military tribunals and threw open the court house doors by saying detainees had Habeas rights. Habeas rights = the right to have the government prove in court that it has the lawful right to imprison the plaintiff. You know, the right to see the evidence produced against you, the right to cross-examine witnesses, present evidence in your defense, silly stuff like that. Posted by: myiq2xu at November 20, 2008 02:13 PM (2WD/G) 85
Thanks Tushar, we have always preferred throwing them out of airplanes about 10 mile out.
Posted by: Jean at November 20, 2008 02:13 PM (HVRSA) 86
"cross-examine witnesses," outing means of classified intelligence gathering and the agents who conduct it. Where else have we heard about outing CIA agents?
Try again. Posted by: Dash Rendar at November 20, 2008 02:15 PM (/TEUM) 87
I guess people go to Afghanistan this time of year for the scenery, or something.
Apparently they do, now that the Taliban isn't killing gay people for sport. Where are these guys going to be released, and what happens if the only governments willing to accept them are terror-friendly? Posted by: HeatherRadish at November 20, 2008 02:16 PM (yG+tb) 88
From Wiki: Since October 7, 2001, when the current war in Afghanistan began, 775 detainees have been brought to Guantnamo. Of these, approximately 420 have been released without charge, with only one prisoner, David Hicks, being convicted of a crime. Posted by: myiq2xu at November 20, 2008 02:16 PM (2WD/G) 89
"His apathy regarding prompt tribunals was a joke." The primary purpose of Gitmo was intelligence gathering. To disrupt future attacks and hunt down high level terrorists. Hearings and trials were after thoughts, at best. It is good that we kept these low level pricks for at least 7 years but if we got intelligence from them, that is even better. Posted by: Bob from Ohio at November 20, 2008 02:16 PM (s6nMp) Posted by: myiq2xu at November 20, 2008 02:18 PM (2WD/G) 91
So why didn't we charge all those Japanese and German POW's with crimes in WWII? O yea, because the point was to keep them off the battlefield.
Posted by: Dash Rendar at November 20, 2008 02:18 PM (/TEUM) 92
...you do not deserve my presence. Shit, I thought Bette Davis was dead, instead of living in Canada. Posted by: Larsen E. Whipsnade at November 20, 2008 02:18 PM (6BgmB) 93
It is good that we kept these low level pricks for at least 7 years but if we got intelligence from them, that is even better. These guys are Algerians - I doubt they had much intelligence to begin with. Posted by: myiq2xu at November 20, 2008 02:20 PM (2WD/G) 94
"We do stuff like that when we try spies and the nation survives"
Well the implications of that convoluted gem implies several things: 1)the nation's ability to fight a war is not compromised by information released during trial, 2)the nation is not at war, 3)the spy is an American citizen. Posted by: Dash Rendar at November 20, 2008 02:20 PM (/TEUM) 95
"These guys are Algerians - I doubt they had much intelligence to begin with."
Ahh yes, the de facto liberal presumption arrives. Posted by: Dash Rendar at November 20, 2008 02:21 PM (/TEUM) 96
So why didn't we charge all those Japanese and German POW's with crimes in WWII? O yea, because the point was to keep them off the battlefield. We did try some of them during the war. Some captured spies too. Keep trying Posted by: myiq2xu at November 20, 2008 02:21 PM (2WD/G) 97
All 900,00 of them?
Posted by: Dash Rendar at November 20, 2008 02:22 PM (/TEUM) 98
The point is these are not American citizens. Giving them anything other than military tribunals is, well, retarded.
Posted by: Dash Rendar at November 20, 2008 02:23 PM (/TEUM) 99
MyIkky2
I'm just curious if you really care about the rights of these Algerian dorks or is it just another thing to piss on the US over. Say someone thought I bombed an abortion clinic... Posted by: captspaulding at November 20, 2008 02:26 PM (LVT6e) 100
Habeas rights = the right to have the government prove in court that it has the lawful right to imprison the plaintiff.
Posted by: myiq2xu at November 20, 2008 02:13 PM (2WD/G) Hey dipshit, Up until Boumediene no one ever dreamed that non-Americans outside the territory of the US had rights under the US Constitution. They made it up out of thin air. You obviously are cool with that. You are also obviously an ass. Posted by: DrewM. at November 20, 2008 02:28 PM (hlYel) 101
Military tribunals can provide due process and habeas rights too. In fact, SCOTUS says they have to.
Posted by: myiq2xu at November 20, 2008 02:28 PM (2WD/G) 102
We did try some of them during the war. Some captured spies too. Keep trying Posted by: myiq2xu at November 20, 2008 02:21 PM (2WD/G)Tell you what sparky, name one. Posted by: DrewM. at November 20, 2008 02:29 PM (hlYel) Posted by: captspaulding at November 20, 2008 02:31 PM (LVT6e) 104
Up until Boumediene no one ever dreamed that non-Americans outside the territory of the US had rights under the US Constitution. They made it up out of thin air. And yes, it was thought of. The US Constitution says treaties are part of our law, and the Geneva Conventions are a treaty. BTW - the first one to call names loses the argument Posted by: myiq2xu at November 20, 2008 02:31 PM (2WD/G) Posted by: myiq2xu at November 20, 2008 02:32 PM (2WD/G) 106
Maybe we can just accuse them of calling Obama the "house negro." They'd never see the light of day again.
Posted by: Paradigm Shift at November 20, 2008 02:34 PM (/s5j6) 107
Treaties are not combatants. Our constitution does not extend rights to non-citizen combatants. BTW, don't come on this site if you can't take some name calling.
Posted by: captspaulding at November 20, 2008 02:34 PM (LVT6e) 108
Hey Smarty Pants, when was the last spy trial? Because of the "release of classified information" issue most trials are plead out. If the government goes through the trouble of a classified trial, they are really going to throw the book at you.
The bigger issue is the inexperience of a judge or a common jury to evaluate intelligence data. It has no value as evidence. If the Government wanted to they could make up an email or witness statement, say it was provided in cooperation with a friendly foreign intelligence service over which the court has no jurisdiction. Likewise, jackass leftist lawyers can tie up valid data trying to prove its provenance. Posted by: Jean at November 20, 2008 02:34 PM (HVRSA) 109
BTW - the first one to call names loses the argument
Bwahahaha! "Mommy, Drew called me a poopiehead!" Posted by: Fritz at November 20, 2008 02:36 PM (aaGD+) 110
You left out one important fact - "Held by the US government"
Posted by: myiq2xu at November 20, 2008 02:31 PM (2WD/G) Sparky, look up Johnson v. Eisentrager. Here's a hint, it was the law of the land until Boumediene. The US Constitution says treaties are part of our law, and the Geneva Conventions are a treaty. Show me where the Geneva Conventions demand civil Habeas rights. Posted by: DrewM. at November 20, 2008 02:36 PM (hlYel) Posted by: captspaulding at November 20, 2008 02:37 PM (LVT6e) 112
So why didn't we charge all those Japanese and German POW's with crimes in WWII? O yea, because the point was to keep them off the battlefield. We did try some of them during the war. Some captured spies too. Keep trying Posted by: myiq2xu at November 20, 2008 02:21 PM (2WD/G)myiq2xu... AVENGE ME!!!!!! Posted by: Richard Quirin at November 20, 2008 02:39 PM (hlYel) 113
Tell you what sparky, name one Ernest Peter Burger, George John Dasch, Herbert Hans Haupt, Heinrich Heinck, Edward Keiling, Herman Neubauer, Richard Quirin and Werner Thiel, Burger and Haupt being US citizens. Posted by: myiq2xu at November 20, 2008 02:40 PM (2WD/G) 114
So the Algerian dorks are US citizens now?
Posted by: captspaulding at November 20, 2008 02:41 PM (LVT6e) Posted by: myiq2xu at November 20, 2008 02:42 PM (2WD/G) Posted by: captspaulding at November 20, 2008 02:43 PM (LVT6e) 117
Posted by: myiq2xu at November 20, 2008 02:40 PM (2WD/G)
God damn it! I knew I was wasting quality snark on you with that Richard Quirin sockpupet. Have you ever herd of the case Ex Parte Quirin? Of course not. Let me put you some fucking knowledge.... He was denied a Habeas hearing and he was executed under the sentence of a military commission. You fail! Posted by: DrewM. at November 20, 2008 02:45 PM (hlYel) 118
Told ya to stay away from Wiki, Icky.
Posted by: captspaulding at November 20, 2008 02:47 PM (LVT6e) 119
Look at the time line of that case; land in June 1942, trial by secret military tribunal in July 1942, SCOTUS decision 31 July 1942, execution 8 August, 1942, SCOTUS full opinion October 1942!
BTW - they were not held as POW, they were arrested in civilian clothing by the FBI. If you want to stand on a process that results in execution by electrocution within 90days, OK. Posted by: Jean at November 20, 2008 02:48 PM (HVRSA) 120
Addendum to 117:
It was just Quirin but all the operatives who took part in Operation Pastorius that Sparky names. So, still waiting for a WWII case of a member of a belligerent armed force or spy being tried in a US civilian court. Posted by: DrewM. at November 20, 2008 02:48 PM (hlYel) 121
Frack....correction to 120
It wasn't just Quirin but all the operatives who took part in Operation Pastorius that Sparky names. Posted by: DrewM. at November 20, 2008 02:49 PM (hlYel) 122
I believe, but could be wrong, that some German POWs were tried by local magistrates for crimes committed while on work release from POW camps in the MidWest. No even going to try looking it up though.
Posted by: Jean at November 20, 2008 02:51 PM (HVRSA) 123
They did have a military tribunal (most executed), but no trial. As per the GC.
Posted by: CUS at November 20, 2008 02:51 PM (+p7v2) 124
Can we get some smarter trolls/liberals in here?
I'm pretty sure beating up on Sparky like this is a violation of some treaty protecting the terminally stupid or something. Posted by: DrewM. at November 20, 2008 02:51 PM (hlYel) Posted by: captspaulding at November 20, 2008 02:52 PM (LVT6e) 126
To be fair the Geneva Conventions were not around during WWII.
Posted by: Nom de Blog at November 20, 2008 03:11 PM (nOQ1R) 127
To be fair the Geneva Conventions were not around during WWII. Sure they were, just not the 3rd revision or whatever they called it. Posted by: polynikes at November 20, 2008 03:14 PM (m2CN7) 128
That's the part that covers prisoners of war, polynikes.
Posted by: Nom de Blog at November 20, 2008 03:16 PM (nOQ1R) 129
Judge :Leon may be the finest, sweetest, most awesomest judge in the world, but his suggestion that he not be appealed really frosted my nuts.
I would think that in a case involving national security he would err on the side of caution by welcoming appellate review. Posted by: the real joe at November 20, 2008 03:16 PM (NJ/RA) 130
Perhaps I should have written:
To be fair the operatives bits of the Geneva Conventions that govern the treatment of prisoners were not around during WWII. Any talk of German saboteurs is therefore not directly on point (even though I don't believe the GCs cover non-uniformed POWs and the SCOTUS got it wrong). But I thought since the subject at hand was prisoners it would be obvious that I was talking about one part of the GC in particular. Posted by: Nom de Blog at November 20, 2008 03:21 PM (nOQ1R) 131
And I also seem to remember that the US did not sign the GC prior to WWII. I think I'll go look that up...
Posted by: CUS at November 20, 2008 03:26 PM (+p7v2) 132
Feel free to release them in Texas ... it's hunting season!
Posted by: Wolverine at November 20, 2008 03:30 PM (ccWlA) Posted by: polynikes at November 20, 2008 03:30 PM (m2CN7) 134
We didn't signup until after WWII.
Posted by: Jean at November 20, 2008 03:30 PM (HVRSA) 135
Or we could force them to work at the local convenience store!
Posted by: Wolverine at November 20, 2008 03:31 PM (ccWlA) 136
I think we did sign the treaties and that the convention of 1929 also addressed the treatment of POWs. Posted by: polynikes at November 20, 2008 03:39 PM (m2CN7) 137
OT- isn't the obamessiah working wonders on the stock market?
Posted by: Wolverine at November 20, 2008 03:44 PM (ccWlA) 138
The GC of 1929 forbid reprisals against pows. The GC of 1949 forbid reprisals against civilians.
http://avalon.law.yale.edu/subject_menus/lawwar.asp But even if a nation doesn't sign a convention or a treaty, I believe conventions can still control. Posted by: Perry Mason at November 20, 2008 03:48 PM (nTC6Z) 139
Judges matter.
That's the b.s. I kept hearing for the last 2 years. A little too late I think. Judges mattered back when the courts were being stacked during the Clinton years and the Republicans refused to adequately vet on judicially conservative principles. Judges mattered during W's administration and McCain fucked the standard process all to hell in order to "work across the aisle". Judges mattered during the primaries when we were deciding which candidate to nominate. Judges don't matter anymore. Or rather, they don't matter in the sense that we have any say in the issue for the next 2 years. And I'll go ahead and say it: Neither would it have mattered in that sense if Maverick had been elected. If judges are ever to matter to us again, we'd better get serious about firing those representatives that have turned their backs on judicial conservatism, and finding some candidates who are willing to suffer the slings and arrows when they show principled resolve in supporting solid justices. Posted by: krakatoa at November 20, 2008 03:50 PM (/FUhT) 140
But even if a nation doesn't sign a convention or a treaty, the customs of war control and protect pows.
Posted by: Perry Mason at November 20, 2008 03:51 PM (nTC6Z) 141
Two trolls stomped on in one thread by morons. ValuRight is on me tonight.
Posted by: CUS at November 20, 2008 03:57 PM (+p7v2) 142
I dont know where yall are getting this about the U.S. not being party to the Geneva Conventions before WWII because the U.S. signed onto the first GC in 1882. We have continued to sign onto most all of the modifications. I say most because there are a few in the current treaty that we have NOT signed onto, these deal specifically with terrorists. Also, I think they have made the world court part of that and we have not signed on to that.
In any case, there was no rational basis for the ruling thqt gave these slugs the "right" to appear in federal court. It was another stretch that defied the "so-called" stare-decisis" that the liberals are so hungrily preaching for. Posted by: Vic at November 20, 2008 04:08 PM (Qd7GC) 143
So, still waiting for a WWII case of a member of a belligerent armed force or spy being tried in a US civilian court. Who said that? I'm talking about due process and habeas rights. Posted by: myiq2xu at November 20, 2008 04:13 PM (2WD/G) 144
After reading the legal mumbo jumbo update- we should round up as many lawyers as we can and execute them too. Immediately.
Posted by: Mr. Pissed at November 20, 2008 04:17 PM (X7Ey1) 145
I just pooped in my pants.
Posted by: John Ryan at November 20, 2008 04:25 PM (LHCAa) 146
So, still waiting for a WWII case of a member of a belligerent armed force or spy being tried in a US civilian court. Who said that? I'm talking about due process and habeas rights. Posted by: myiq2xu at November 20, 2008 04:13 PM (2WD/G)Ah, the old sneak in later and pretend you didn't say something gambit. Nice try Sparky. You were the one who made a thing about the fact they were held in detention being a controlling issue. You also clearly forgot that you actually tried to give an example of spies or members of belligerent armed forces who received a Habeas hearing but sadly, it was WRONG. Posted by: DrewM. at November 20, 2008 04:28 PM (hlYel) 147
I'm sure there's a way for Bush to stall this until its Obama that does the releasing.
Posted by: toby928 at November 20, 2008 05:17 PM (PD1tk) 148
Just hamstring them and let them go. Better yet, put them to The Paintm ala Princess Bride, and then send them on their merry.
Posted by: Fa Cube Itches at November 20, 2008 07:21 PM (LxjSI) 149
Release them into 'an empty lot' in Chicago,
where they can build a life next door to BO and his family. Posted by: Marvin at November 20, 2008 07:21 PM (6yKyr) 150
Judge Leon, like all other lower court judges have to figure this out for themselves but they are bound to give these guys fair hearings and that's not their fault, that's the Supreme Court's fault. I see your objection - fair hearings aren't fair at all.
Posted by: Steve J. at November 20, 2008 11:32 PM (e0wLW) 151
Didnt the court already call for some of these scum to be released into the U.S. last month and that is under appeal?
You are presumably referring to the 17 Uighurs and even the Government has declared that they AREN'T enemy combatants. Posted by: Steve J. at November 20, 2008 11:34 PM (e0wLW) 152
Everyone should get due process. Period. Whether that is a war crimes tribunal or a situation such as this. Some are assuming the person guilty because the military says so. The men that were released today were released because the sole testimony against them was that of one anonymous witness. Whether this was John Clark or some agent out in the field, Justice demands that all men get the chance to face their accusers. There are times when the innocent are condemned by those that are quick to assume them guilty, but the guarantee of this country to the world should be that all men should have a recourse to the courts.
Posted by: Wade at November 21, 2008 06:42 PM (N9+Lb) 153
Honestly, if these men were being detained for that long, and the government has been defending that right to keep them there this profoundly, then there must be a really good reason for it. One doesn't commit such resources to a cause not of equal value. this could quickly become a situation similar to the Nixon Tapes, the government will have vilifying evidence, yet will not be able to turn it over for matters of national security. The illuminati left wants to force their hand, and that's possibly a worse threat than the terrorists themselves.
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