⭐🔥 Click here to check Latest Celeb News & Celebrity Gossip in 2022! 🔥⭐
The Washington Independent
The Washington Independent

A Terrorist Is a Detainee Is a Terrorist

Let’s unpack a claim about the Guantanamo detainees, as summarized by Marc Ambinder: It had been the hope of administration legal advisers that a majority of

Jaya Mckeown
News
Last updated: Jul 31, 2020 | May 21, 2009

Let’s unpack a claim about the Guantanamo detainees, as summarized by Marc Ambinder:

It had been the hope of administration legal advisers that a majority of the 240 [Guantanamo detainees] — perhaps a large majority — would be tried in federal courts. Then they discovered that the evidentiary thresholds for doing so were too high given the quality of information the Bush government had collected about the detainees, and they subsequently concluded that Article III trials wouldn’t be as swift as an option that they wanted to reserve for only a couple dozen high-value detainees: the military commissions.

To say that the “evidentiary thresholds” for trying the detainees in civilian court is “too high” is another way of saying there isn’t sufficient evidence on the face of it for the constant invocation that the detainees are terrorists. If it can be proven that a detainee has given material support to terrorists or contributed to an illegal act, he ought to be convicted. If it can’t, then a detainee ought to be freed. What would happen in that case? Someone *who isn’t a terrorist *would be free.

The detainees, according to the Supreme Court’s Boumediene decision last year, have the right to habeas corpus, full stop. There’s no putting that bit of juridical toothpaste back in the tube. As a result, they have to be provided with some sort of trial. Everything else is denying reality. The military commissions represent a method of getting convictions rather than a method of getting justice. Just saying someone is a terrorist over and over again doesn’t make it the case.

Well, you say, *what about battlefield-collected evidence that might not pass the muster of a criminal court? *A reasonable objection. But it’s hard to believe there are actually judges in these cases who would be anything but deferential to prosecutors’ claims about what ought to be admissible — in camera evidence, stuff like that — and even harder to believe that any American jury wouldn’t be extremely reluctant to render a not-guilty verdict.

Jaya Mckeown | Jaya moved to Boston from New York to pursue a master's degree in corporate communications at Emerson College. This experience, combined with her undergraduate degree in psychology and teaching, has equipped her with valuable skills that she employs on a daily basis in real estate negotiations, homebuyer and seller education, and successful promotion of the team's listings. Jaya's clients often characterize her as meticulous, proactive, and enjoyable to be around.

Related

$1.3 trillion in federal spending unaccounted for, report finds

Despite calls for independent bodies to keep government accountable, the Sunlight Foundation’s most recent Clearspending report has found the federal

$1.89 billion given to states to fight HIV

The federal government Monday announced more than $1.89 billion in funding to states to fight the HIV epidemic with access to care and with more cash for the failing AIDS Drug Assistance Program. According to an HHS press release , $813 million of that money will go directly to the ADAP programming. An additional $8,386,340 will be issued as a supplement to 36 states and territories currently facing a litany of unmet needs and access issues.

1 Brigade and 1 Battalion

ISTANBUL – It’s 10 p.m. in the lowest level of the Istanbul airport. In 20 minutes I’ll be allowed to board my plane to Kabul, bringing me to the

1. Brian Schweitzer

As governor of Montana, Schweitzer doesn’t represent one of the most highly populated, high-profile electoral states in the country. But this

#1 in Conspiracy Theories

Andrew Young’s tell-all biography of John Edwards, hitting shelves next week, is surging in one Amazon.com category in particular. #1 in Conspiracy

$1 Million for Toomey

Pat Toomey, the former Club for Growth president and leading Republican candidate in Pennsylvania’s 2010 Senate race, has announced a $1 million haul in the

$1 Trillion for Fannie and Freddie?

That is the worst-case scenario, according to Egan-Jones Ratings Co., quoted in a Bloomberg article making the rounds. The agency says that if home prices

$1.3 Million for Brown

The GOP’s candidate in the Massachusetts special election raised more than one million dollars -- double the goal -- in a 24-hour moneybomb on the Ron Paul

Ten Loopholes That Can’t Make It Into FinReg

Dan Pfeiffer, the White House communications director, wrote a blog post that lists the loopholes lobbyists most want inserted into Sen. Chris Dodd’s (D-Conn.)

Bachmann uncomfortable over earmarks ban

Republicans appear to have boxed themselves into a corner with their portrayal of earmarks as wasteful spending, as many of them have backed a moratorium on

Troubled mine holds hope for U.S. rare earth industry

China currently controls 97 percent of the world’s rare earth production. The Mountain Pass Mine could change that -- if it can overcome serious environmental concerns.

© Copyright 2022 The Washington Independent All Rights Reserved

Terms & Privacy | twi.news@washingtonindependent.com

⭐🔥 Click here to check Latest Celeb News & Celebrity Gossip in 2022! 🔥⭐