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Obama's Gitmo Gimmie

By Michael John McCrae
Nov. 15, 2008

According to the article cited below President-elect Obama is going to act quickly to bring about the end of America ’s “sad” chapter of Guantanamo Bay , Cuba .

The ACLU has been trying, so far unsuccessfully, to take justice out of the hands of the United States Judge Advocate General Corps and place it in the hands of America ’s stateside trial lawyers, effectively giving foreign terrorists full access to the American legal system that has, up until now, been completely owned by Americans.

Obama did promise to close America ’s torture chamber and rat hole guarded by the Nazis and the Khmer Rouge. To reread all the tripe against the Guantanamo detentions you would think America was more akin to the Communist Chinese who lock up and torture students and news persons who speak against the government or the Sudanese who permit the genocide of black Muslims in Darfur .

The article does tell us: “The plan being developed by Obama's team has been championed by legal scholars from both political parties.” But there are no names mentioned here because most of the people who gave what few details there are refused to speak on record. These “legal scholars” apparently know nothing of American Military law in regard to combatants taken on the battlefield. Did any Japanese soldier come to trial in an American court? Did any German or Italian soldier gain a jury of his peers in any stateside court? How many appeals did they get?

I can see now that Pandora’s Box is about to be opened every one of these cases being thrown out on appeal because a true “jury of peers” could not be found or some “search and seizure” law was broken on the battlefield? “Your Honor, my client had his rat hole illegally searched! The Army did not obtain the proper warrant before confiscating my client’s stack of rocket propelled grenades!” “My client was not read his rights!”

The article does tell us Obama’s plan: “…is almost certain to face opposition from Republicans who oppose bringing terrorism suspects to the U.S. and from Democrats who oppose creating a new court system with fewer rights for detainees.” But again there are no names mentioned here in either some lame attempt to show bipartisan disapproval or to keep the names of dissenters from being publicly championed by their constituents.

Opposed or not the idea that terrorist soldiers be given rights under the American Constitution they’ve vowed to destroy is convoluted. The big push for this is coming from the democrat side however. Quote: “The tougher challenge will be allaying fears by Democrats who believe the Bush administration's military commissions were a farce and dislike the idea of giving detainees anything less than the full constitutional rights normally enjoyed by everyone on U.S. soil.”

Once the terrorists are in the supposedly more humane stateside prisons they will gain full access to rights they did not earn. The Democrats want to simply give judicial rights to sworn enemies of America . This type of thinking is ludicrous. Considering the way terrorists have “tried” and “convicted” and “punished” any American falling into their hands by torturing and beheading each one while displaying the executions over the internet; unless America is willing to display the same barbarisms it hardly seems fair to those who have died in terrorist captivity.

The article explains that the plans are already proceeding so Guantanamo will probably be closed and the inhabitants scattered among the various Federal Prisons. The mentality behind this is extreme. Citing one comment: “It [the new court for terrorists] would have to be some sort of hybrid that involves military commissions that actually administer justice rather than just serve as kangaroo courts…” displays for us a complete ignorance of what Military Tribunals hoped to accomplish. None of judicial actions of the tribunals were in any way putative. Each case that involved classified actions and information remained guarded to protect agents and soldiers in the field. There are no guarantees that a “hybrid” court would be able to keep anything quiet. ACLU lawyers would press for full disclosure and then leak information to the press to gain public sympathy while exposing American field agents to discovery and compromise.

With terms like “kangaroo court”, “dungeon”, “black holes” and “black mark” to describe Guantanamo judicial activity I imagine that the United States will be treated to daily doses of O.J. Simpson-like trial coverage where if terrorist gloves don’t fit then the liberal judge appointed to the jurisdiction trying the case will acquit. Read the article here: http://elections.foxnews.com/2008/11/10/obama-planning-trials-guantanamo-detainees/

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About the Author: Michael John McCrae has contributed over 700 articles to Useless-Knowledge.com.

Email: macswordV@hotmail.com


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