Guantanamo stance is outrageous

  • Follow Letters

It was reported July 9 on DemocracyNow.org that the Bush administration is actively and purposefully blocking the American Civil Liberties Union from providing funding to lawyers representing prisoners at GuantÃnamo. A statement released by the ACLU asserts that the administration's actions -- specifically, the delaying of Treasury Department licenses required to pay the attorneys -- amount to nothing less than "obstruction of justice." According to ACLU Executive Director Anthony Romero, "The government is stonewalling again by not allowing Americans' private dollars to be paid to American lawyers to defend civil liberties."

This news comes on the heels of several key Gitmo-related happenings, not the least of which is the Supreme Court's ruling that habeas corpus does indeed apply to the prisoners in the upcoming court proceedings (President Bush's subsequent pouty face notwithstanding). Also, there's the implicit encouragement by the administration of prisoners to refuse professional and civilian counsel -- a tactic which, if successfully implemented, would allow the prosecution to refuse to turn over documentation to defendants (who do not possess the security clearance that a licensed attorney would).

In spite of, or perhaps in light of, the crumbling of the foundational reasoning for the prison's very existence, the administration seems bound and determined to push through these proceedings just in time for the November elections -- a decision that likely will be seen as nothing more than a sign of desperation.

In any case, the whole point should really be moot, as the hearings are tainted not only by evidence based on coercion and torture-forced confessions, but by the fact that a good percentage of detainees are being held without just cause in the first place.

Josh Ruffin, Augusta

Comments

christian134

Granted there may be some detainees that are innocent but to give them access to our political justice system is ludicrous. Thousands of people were slaughtered in the 911 attacks for heavens sake...Release the ones the military believes to be innocent but the rest need to be imprisoned for life in a military prison without the benefits of an American criminal who lives right well off taxpaying citizens dollars...:-(

I4PUTT

Just shoot em....the ACLU is opposed to almost everything the majoity of America supports. Why not just release the prisoners. Set em free now. Cuba is a great place for them to restart their lives.

Pay What U Owe

Odd that "christian" has such an opinion. This underscores a strong suspicion on my own part that "christians" like "Christian" and other eventual knuckle-draggers who show up here don't actually understand words in English (the language they demand everyone speak). Assumption of innocence is the bedrock of American jurisprudence at home, why lower the bar abroad? If we don't give them the benefit of our culture, why do we expect them to respect it? Why are "conservatives" also so scared of everything and what are they afraid of? If the terrorist foot soldiers (assuming that's what they are) in Gitmo are so scary, why did we stop chasing their leadership in Afghanistan? To try to lure them to Iraq, destroying someone else's country since we were too scared to fight them here? They didn't take the bait. Fooled us, hunh? Why is it so easy to fool "conservatives"? Is it because they are dumb? That explains why they don't know what words mean! "Turn the other cheek" and "over your cloak to they guy who stole your coat" will really blow thier "minds"!!

christian134

You assume just because we believe in Jesus Christ and we practice Christianity we do not have some kind of voice in civil situations...That is the problem now...Everyone else has a voice except Christians..We are supposed to sit on our butts in our pews and let the rest of the world stomp the crud out of us...Pay What U Owe, I am going to make a broad statement where you and others are concerned, if a group of terrorists encroached on your little part of the world I can just hear the yelling now at the top of your little voices "Where is my justice, where is my protection"..You will most assuredly be singing another tune since your status here is American...Oh why in the world do you refer to "us" as knuckle-draggers?

patriciathomas

The Democrats and the ACLU wish America to lose another war. The damage to the country is irrelevant. This letter writer seems to agree.

UncleBill

The Bush administration elected to NOT call the detainees POWs, which would clearly make them subject to the rules under the Geneva Conventions. So now they have a whole different legal problem for their efforts. Instead of leaviing them in a POW camp in Afghanistan they moved them to the US Naval Base in Guantanamo Bay and tried to make up rules as they went along. So now they are subject to US law, and as a result habeas corpus. Should have elected for the camp in the desert.

Pay What U Owe

I make no such Assumptions, Xian. You can have a voice. The problem is you call yourself an Xian while doing, implying your views are in line with God and Christ. That tacit endorsement of God's is a violation of the Third Commandment, taking His Name in vain to endorsre your flawed and cowardly agenda. I call you knuckle-draggers since, as a student of evolution, that what you most resemble. It's a science thing. I don't expect you to understand. What do I expect a US admin to do is actually fight the enemies of America that attack us, not get scared and assume anyone who might attack us should be killed. Where is the Xianity in that? Most of the people in Gitmo are probably random detainees. The real leaders are in Afghanistan, moving the same global agenda of terror that they always have, undeterred by a minimal military presence in their homeland while we churn up the landscape in Iraq, consuming enormous resources and allow the aristocracy in this country to turn us against ourselves while they fleece us all. Looking at that, which side really is letting the terrorists win?

christian134

:-) Your just too too Pay....Sad and just...uhhhhmmm

Bizarro

The SCOTUS ruling of Boumediene v. Bush (a Bosnian detainee) was consolidated with Al Odah v. United States. The court had previously ruled that Military Commissions Act of 2006 unconstitutional, but the Detainee Treatment Act of 2005 has not been ruled unconstitutional although it stripped the high court from hearing related cases. In Hamdan vs Rumsfeld the court ruled the Detainee Act did not strip their jurisdiction and ruled the military commissions did not hold to Uniform Code of Military Justice and the four Geneva Conventions. The SCOTUS ruled tha Antiterrorism and Effective Death Penalty Act of 1996 was constitutional. Interestingly in the Boumediene case the dissent brought out the fact that the Detainee Treatment Act dealt with the issue so a writ of habeus corpus was moot. This issue is far from over because now there are two opposite rulings dealing with the writ of habeus corpus and no consistency with the high court.

An Augusta Soldier

Ok, as someone who has been to GTMO, and has seen these so called people who deserve to be treated as an equal to an American Prisoner. Well, I have news for you. THEY Get treated better than most inmates in a US prison. They have some of the best lawyers the DOD can provide and yet that is somehow not good enough? They spit, cuss, throw feces, and attempt; with much success at times, to urinate on Soldiers who are assigned to guard them. Yeah I am sure that each and every guard down in GTMO would love to respond as well as a RCSD Deputy would. But guess what they are not allowed to. Just ask a sheriff deputy here in Augusta. What would you do if an inmate physically threw semen, feces, or urine on you?

and while it would be a nice Idea to let them go back to their home countries. You have to convince the nation of which that person came from to allow them to be repatriated into their country. If that persons home country does not want them back, then guess what... they aren't going home any time soon.

55 F-100

The tennants of the Geneva Convention do not apply to these prisoners. The Supreme Court decision should be overturned because these murdering, godless maggots do not have any civil rights. If the roles were reversed do you think that U.S. Prisoners would be afforded civil rights and representation by attorneys? Has everyone forgotten the beheadings of U.S. Prisoners? The ACLU and the prisoners should all stand in a small pool of water and hold hands while we drop a high voltage wire into the water. In addition, any legislator who does not vote to lift any restrictions on oil drilling should be included in the pool of water. Americans need to wake up, stand up, and take this country back and expedite the removal of each and every person who are not American citizens.

Bizarro

Justice Scalia's dissent added that the Court's majority "admits that it cannot determine whether the writ historically extended to aliens held abroad, and it concedes that Guantanamo Bay lies outside the sovereign territory of the United States." He also mentioned Johnson v. Eisentrager which ruled that U.S. courts had no jurisdiction over German war criminals held in a U.S.-administered German prison. See two opposite rulings for basically the same issue.

effete elitist liberal

Pay What U Owe: you just nailed christian134's sorry, ignorant, hypocritical behind to the wall! His last response says it all--he has NO ANSWER to your right-on comments. Nice goin'! I am NOT a Xian, but I do know that Jesus in Luke said "But I tell you who hear me: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who mistreat you." What part of that admonition does X134 not understand? Of course we must protect the U.S., but our aim ought to be to seek ways of dealing with our enemies which balance effectiveness with compassion (a balance, by the way, which is both Christian and humanistic). It does not matter that our enemies do not, and never will, show us compassion, but for
a true Christian, that is just the point! True Christians should
live by their own Biblically-based principles (like Luke), not stoop to the base practices of their enemies.

Bizarro

Don't start the religion argument before you get me started. Let's focus on the issue. Y'all are starting to sound like Richard Dawkins who provides excellent arguments against intelligent design but when he starts in on religion he spews rhetoric,ad hominems, and opinion and a superficial understanding of the bible. Note I am not defending Christian134 or others opinions, but Christianity doesn't have anything to do with it, nor should their opinions be seen as representative of christians in general. I digress. Seems the SCOTUS has created a paradox with two opposite rulings considering a writ of habeus corpus. Given the Detainee Act and Johnson v. Eisentrager the courts ruling is inconsistent and they should have never entertained the case.

christian134

oh my little eel has graced us with his less that eloquent speech...How are you this very fine and wonderful day eel..Do try and behave..

GnipGnop

Just another letter from someone that thinks the world's ills can be cured if we all join hands and sing kumbaya. I live in the real world where islamic extremists want me dead. Where they kidnap young soldiers and murder them and desecrate their remains. You want me to feel sorry for people that were captured in a war zone? Where's the sorrow for our soldiers? I will never shed a tear for the Gitmo prisoners. Call me a knuckledragger or whatever you wish. I can sleep well at night knowing that at least those extremists at Gitmo will not harm one of the young men that we depend on to provide the blanket of freedom upon us.

Bizarro

I invision we capture Osama bin Laden and then with his writ of habeus corpus and legal team he gets off from all charges because it is all circumstantial evidence. He can say all the videos were not him but a clever ruse, etc. Wouldn't that be funny. hee,hee,hee,heee.

apex24

Another bleeding heart liberal who wants America to lose at anything we attempt to do.

dinohntr

The American Crimminal Liberties Union always seems to be on the wrong side.

The ACLU lives in a fanasty world and once again fails to see that there are some people who do not want peace. These terrorist only want to kill and kill as many as possible. If the Islamic extremist ever gained control of America, ACLU menber would be among the first ones beheaded.

There have already been reports that previously held GITMO guests have taken up arms again in Afghanistan and some have been recaptured.

effete elitist liberal

That's fine, christian134, but all your responses show is that you continue to avoid the contradiction in your position. As for Bizarro's unhappiness over the "religion thing," remember christian134 chose his display name;clearly he wants the world to think of him as a Christian. Bizarro may think Christianity "doesn't have anything to do with [the torture issue]," but christian134 obviously does. So I am perfectly justified in pointing out the contradiction behind Xian's support of barbaric forms of torture and the unequivocal words of Jesus in Luke. christian134, I'm still waiting for your answer, something other than inane comments on my writing style or hypocritical pleasantries.

No_Longer_Amazed

I agree with you, UncleBill. However, I would go one step further and say "take no prisoners"

Bizarro

Well I agree I wish Christian134 and JesusIsComing would change their monikers. I think once there was a poster named "God". Jeez. I too agree that Christians should always display "love" first. Love your neighbor, your enemy. When a Christian makes an argument that rationalizes that away then it is a fallacious argument. If there is no love in it then it is a poor argument. Yep I have caught myself on that one too, so I am not above it nor anyone else for that matter. I agree it is a contridiction. How can you be against abortion, but then support capital punishment or tortue?? That creates too many paradoxes. Given Jesus was tortured and Christian principal, Christians of all groups should offer the strongest opposition to torture.

imdstuf

The ACLU defends everyones civil liberties, including the republican parties and even rush limbaughs when needed. You can research it for yourself. Christian134, no one life is more important than another. You should know this. Yet you think it is okay for a few innocent people to rot in prison without trial just because you think them being out would cause another 9/11. Trust me. Even if they were out, they would never be completely free. They would be monitored for life. How would you feel if you were locked away with just suspicions of your chartacter? What if there was no proof that you ever did anything illegal? What if you were to never get a trial? I doubt you would suddenly think it is okay for YOUR life to be wasted for others.

Grinder

if we were attacked again, people would complain because the administration didn't do enough. It's a tough world - would you rather have information obtained by harsh tactics or have your family slaughtered?

Bizarro

We are still off topic. The SCOTUS has created paradoxes in its recent ruling. The Detainee Treatment Act of 2005 deals with the issue rendering it moot, the recent ruling contradicts Johnson v. Eisentrager where there is no writ of habeus corpus for detainees or prisoners of war. Even further aggravation the court has ruled Antiterrorism and Effective Death Penalty Act of 1996 is constitutional. So we can execute them without judicial remedy but all are given writ of habeus corpus. The court will have to address this again. Torture is outlawed by the U.N. etc. although over 150 countries (all U.N. members) practice torture. Life is full of paradox. Friggin legal mumbo jumbo doesn't make sense at times. No practicality at all. Personally I don't believe foreign nationals held in Guantanomo should be allow the writ, but I think the military tribunals, etc should be in accordance with international law and the general intent of our laws. Torture should never be allowed and those held should be dealt with in a timely manner as our Constitution holds (the intent). Otherwise is a contradiction of Amerian principal.

bone

sorry, i can't go with a blanket "no torture" sentiment. it's all well-and-good to say that everyone who is involved in combat agrees to play by a set of rules, but homicide bombing is clear evidence that many of the villains in global terrorism are not willing to discriminate between combatants & innocents. i feel the u.s. gov't does as good as job as possible identifying enemies - if you are rounded up as a suspected terrorist, there is better than a 98% chance that you have done something or know someone bad - and i'm not willing to be squeamish for the sake of protecting the rights of a non-uniformed combatant. the only problem i have is with individuals who were in the u.s. that were rounded up and sent to GITMO; that seems a bit suspect to me and smacks of gov't actions that circumvent the law.

griesella

After reading the last paragraph I would guess that Mr Ruffin has some insider information that no one else has. He should come forward and share his knowledge and end this debate.

effete elitist liberal

And still silence from christian134.... But I understand, christian134, I really do. It must be humiliating to have so many posters point out the obvious contradiction between your so-called Christianity and your
support of brutal and barbaric torturing of your fellow "children of God."
If you're going to "publish" your ideas where they can be read and responded to by people who can think and word-process at the the same time, you will continue to get the ridicule you so richly deserve.

Bizarro

Antiterrorism and Effective Death Penalty Act of 1996 (signed by Clinton) set a statute of limitations of one year following conviction for prisoners to seek the writ. The Habeas Corpus Restoration Act of 2007 allowed statutory habeas corpus to enemy combatants,but it did not overturn the provisions of the AEDPA which set a statute of limitations on habeas corpus. January 2002, the Supreme Court of Bosnia ruled that there was no evidence to hold the Lakhdar Boumediene and five other men, ordered the charges dropped and the men released. American forces, including troops who were part of a 3,000 man American peace-keeping contingent in Bosnia were waiting for the six men upon their release from Bosnia custody, and transported them to Guantanamo. The SCOTUS has upheld the Constitutionality of the Antiterrorism and Effective Death Penalty Act which limits habeus corpus writs for just one year. Although Boumediene was charged in 2004 I don't think there has been a conviction. He applied for the writ in 2007 and SCOTUS just decided. The Supreme Court of the United States granted a writ of certiorari to Boumediene and his co-defendants, indicating that it would hear their challenge to the Court of Appeals altough the AEDP (which is constitutional) prohibits that from happening. AEDPA took away from the Supreme Court the power to review a court of appeals's denial of that permission, thus placing final authority for the filing of second petitions in the hands of the federal courts of appeals. What a mess.

Online Database by Caspio
Click here to load this Caspio Online Database.
Loading...