THE NEWS BLOG

 
Steve and Jen bring you this daily review of the news
Premium Advertiser

News Blog Sponsors

News Links

BBC World Service
The Guardian
Independent
Washington Post
Newsday
Iraq Order of Battle
Agonist
NY Times
LA Times
ABC News
CNN
Blogger

 
Blogs We Like

Daily Kos
Atrios
Digby's Blog
Skippy
Operation Yellow Elephant
Iraq Casualty Count
Uggabugga
Media Matters
Talking Points
Defense Tech
Intel Dump
Soldiers for the Truth
Margaret Cho
Juan Cole
Tbogg
Corrente
Gropinator
Just a Bump in the Beltway
Baghdad Burning
Wonkette
Howard Stern
Michael Moore
James Wolcott
Cooking for Engineers
There is No Crisis
Whiskey Bar
Rude Pundit
Driftglass
At-Largely
Crooks and Liars
Amazin' Avenue
DC Media Girl
The Server Logs

 
Blogger Credits

Powered by Blogger

Archives by
Publication Date
August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
Comments Credits
Comments by YACCS
Sunday, November 30, 2003

A look inside our American Gulag

Though U.S. officials have released some inmates deemed harmless, new ones are still arriving, with about 20 coming and going last week. Amid a global argument about their rights, the Supreme Court recently agreed to decide whether the captives at Guantanamo can at least challenge their detention in federal court. But in the meantime, however great the outcry from allies and human-rights groups, the U.S. military, along with the White House and the Justice Department, has not retreated from an unprecedented approach to prisoners captured in an unprecedented war.

If you are a government hungry for clues about the enemies' plans, one problem with the Geneva Convention governing treatment of traditional prisoners of war is that it includes strict rules limiting interrogation. So these detainees are called "enemy combatants," and there is no field manual outlining the rules for handling them. Inmates arrive with no knowledge of how long they will stay, facing the possibility of trial by a military tribunal whose procedures have yet to be tested, on charges that have yet to be revealed and that carry sentences that may depend on not just what crimes they committed but what country they are from. The U.S. last week cut a deal with Australia that if its detainee David Hicks is found guilty, he will not be executed and will be allowed to have his family in the courtroom and talk to his lawyers without Americans listening in. But the Brits are pushing for more, and what about the inmates from Yemen or Pakistan or Afghanistan? Seeing the risks of multiple standards of justice, Pentagon officials said last week that they are conducting a wholesale review of the tribunal rules.

Washington attorney Thomas Wilner represents the families of 12 Kuwaiti detainees whose case is among those the Supreme Court will hear early next year. He rejects the Bush Administration's insistence that detainees have no legal rights. "The arrogance of saying 'Well, we're feeding them well' is just absolutely absurd," he argues. Two of his clients' fathers have died while they were incarcerated. "They have had children born and parents die.*spaceThey don't get to see their families, and they have no hope of getting out, even if they are innocent. That is what the Geneva Convention is about." Wilner has no problem with the U.S. imprisoning proven terrorists. He just wants a way to establish who the bad guys are. "Can you imagine being an innocent person being swept up into this thing and having no opportunity to say to somebody 'Hey, you've got the wrong guy?'"

So far, the processing of detainees, whether for trial or release, has been slow; the Supreme Court's intervention, however, may have delivered a jolt. A U.S. military official tells Time that at least 140 detainees—"the easiest 20%"—are scheduled for release. The processing of these men has sped up since the Supreme Court announced it would take the case, said the source, who believes the military is "waiting for a politically propitious time to release them." U.S. officials concluded that some detainees were there because they had been kidnapped by Afghan warlords and sold for the bounty the U.S. was offering for al-Qaeda and Taliban fighters. "Many would not have been detained under the normal rules of engagement," the source concedes. "We're dealing with some very, very dangerous people, but the pendulum is swinging too far in the wrong direction."


The real question is not if Gitmo is right, any sane person knows it isn't. But if Gitmo is a failure. That's the question which should be on everyone's mind. Is Gitmo really contributing enough intelligence to make it worthwhile.

My feeling is that in terms of intel, Gitmo stopped being useful long ago. But we cannot just ship these people back, for political reasons, if nothing else. Any trial held there would be a farce. Maybe 20 percent are guilty of anything resembling a crime by traditional courts. Yet, their home governments don't want them.

Their ability to conduct a defense is obviously compromised by their indefinite detention alone. What are they going to be charged with? When? Why?

This detention, done arbitrarily and in clear contravention of the Geneva Accords, has no basis in logic. It leaves everything to the discretion of the president and that will backfire if there are ever trials. Like most things done by the Bush Administration, it is a short-sighted policy with a long term detriment.

posted by Steve @ 11:06:00 PM

11:06:00 PM

The News Blog home page





 

Editorial Staff
RSS-XML Feeds

Add to My AOL

Support The News Blog

Amazon Honor System Click Here to Pay Learn More
News Blog Food Blog
Visit the News Blog Food Blog
The News Blog Shops
 
 
 
Operation Yellow Elephant
Enlist, Young Republicans