Close the Guantanamo Bay detention facility?

Not really. Martial law is imposed upon civilians at times of unrest. What the Bush Administration was trying to do is impose a military justice system in the form of tribunals under military law which is different than normal law which govern trials on US soil.

Under normal law many of the witness affidavits and testimony could not be used. Almost all the witnesses are foreign nationals and cant be brought to testify. Under military law, which would govern trials or tribunals in Gitmo, much of this evidence can be used.

Take a look at the evidence of the guy who was released and now reportedly hooked back up with the terrorists in Yemen.

http://projects.nytimes.com/guantanamo/detainees/372-said-ali-al-shihri#1

There are about 10 pages of transcripts on his case. If you read it thoroughly it seems this guy is guilty and lying through his teeth. Even under military law it wasnt enough to keep him locked up and he was released to a terrorist rehabilitation program in Egypt.

The point being, if this rag can get released under military law with that evidence, then plenty of others will be released under normal law with even more evidence albeit inadmissible. They will all seek asylum and we will be stuck with these criminals here.

The Supreme Court ruled they have some habeas corpus rights in Gitmo. Thats part of what the ACLU and other bleeding hearts where objecting to and now they have it. There is no need to bring them on US soil for trial. The best way to handle these terrorists is through tribunals at Gitmo under military law with the accused having habeas corpus.

 

I agree. There is no need to loudly proclaim that America is good and decent and the whole world should love and respect us. This should be handled like the faggots in the military issue: Don't ask, Don't tell.

 

I think the most unsavory aspect of Gitmo was the publicized torture. It also draws questions about the so called confessions because many people would confess to anything given the kind of torture they endured. I personally dont care if we roast these scumbags over a slow burning fire but realize it will never fly in the face of current public opinion both here and abroad.

This is a problem and President Obama's order to close Gitmo doesnt solve it. There is still no policy in place to handle the prosecution of their cases. However, I would contend the pieces of the puzzle have been largely solved and there is no reason to delay moving forward with trials at Gitmo. The only thing they need to do is set a docket and proceed with due process.

I still think Gitmo is a good place to house those convicted. We've spent a large amount of money on the facilities and it makes sense to leave them there instead of paying more to transport and incarcerate them at Leavenworth. A good case could be made for the bleeding hearts that Gitmo would even be safer.

 

What the hell is a terrorist rehab facility?

 

I think everybody has made good points in this thread. The problem is that no one has answered the question.

What do you do with people you capture on the battle field that want to do our country harm?

There are varying degrees of guilt and crimes. If you were just Osama’s chauffer do you get the same punishment as the guy who plotted a terror attack against us?

How do you apply our due process to a war crime or crime against our nation? How do the rules of evidence apply when you gather evidence abroad? Can you use hearsay to connect the dots? Do you need probable cause to take them into custody?

The answer is… you can not apply the rights we afford our citizens in a civilized democracy (where the rules are black and white to us) to the people fighting against us. So what do you do with people you capture during the war Mr. Obama?

What I think you saw from the Bush administration was their best effort in removing those captured from the battlefield, getting as much information as they can about the bad things they knew, then releasing most to go home and return to the fight against us. The really bad of the bad, they have kept in Gitmo or other unnamed prisons to prevent them from trying to hurt us again. Sounds like the most logical solution to me.

I believe we have treated our prisoners of war very humanly 99% of the time. We have had a couple instances of screw ups that have caused a black eye for our country.

So the question again Mr. Obama, the Gitmo scenario was the Bush’s solution for the problem. What is your solution?