Monday, July 02, 2007

The Truth About Guantanamo BY JAMES TARANTO

Mr Taranto is a very wise man. He keeps the legalities of this situation where they belong, in the courts. He keeps the terrorists where they belong, too - in prison. The fools who want to let these terrorists enjoy the same rights as car thieves are so wrong that they are almost evil. I would understand it if the military just started to put these scum, and their attorneys , were just lined up against a wall and shot. I might even volunteer to help.

OpinionJournal - Featured Article: "Mr. Powell claimed that 'I would not let any of [the detainees] go,' but his proposal would inevitably have that effect. Once inside the criminal justice system, detainees would become defendants with full constitutional rights, including the right to be charged or released, the right to exclude tainted evidence, and the right to be freed unless found guilty of a specific crime beyond a reasonable doubt.

Legitimate prisoners of war enjoy no such rights. The primary purpose of holding enemy combatants during wartime is not punitive but preventive--to keep them off the battlefield. No one disputes that a country at war can hold POWs without charge for the duration of hostilities. Justice John Paul Stevens, writing for the majority in Hamdan, reaffirmed the government's authority to do the same with the unlawful combatants at Guantanamo.

By granting constitutional protections to detainees, Mr. Powell's proposal would endanger the lives of American civilians. It would also afford preferential treatment to enemy fighters who defy the rules of war. This would make a mockery of international humanitarian law.

In the long run, it could also imperil the civil liberties of Americans. Leniency toward detainees is on the table today only because al Qaeda has so far failed to strike America since 9/11. If it succeeded again, public pressure for harsher measures would be hard for politicians to resist. And if enemy combatants had been transferred to the criminal justice system, those measures would be much more likely to diminish the rights of citizens who have nothing to do with terrorism.

By keeping terrorists out of America, Guantanamo protects Americans' physical safety. By keeping them out of our justice system, it also protects our freedom."

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