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SCOTUS Grants Guantanamo Prisoners Habeas Corpus

beebee and other readers sent word that the US Supreme Court has, by a 5 to 4 majority, ruled that the Constitution applies at Guantanamo. Accused terrorists can now go to federal court to challenge their continued detention (the right to habeas corpus), meaning that civil judges will now have the power to check the government's designation of Gitmo detainees as enemy combatants. This should remedy one of the major issues Human Rights activists have with the detention center. However, Gitmo is unlikely to close any time soon. The NYTimes reporting on the SCOTUS decision goes into more detail on the vigor of the minority opinion. McClatchy reports the outrage the decision has caused on the right, with one senator calling for a Constitutional amendment "to blunt the effect of this decision."

6 of 1,065 comments (clear)

  1. Re:Hardly an outbreak of common sense... by jeiler · · Score: 1, Flamebait

    Hello! This is US law we're speaking of. The Magna Carta has no legal bearing on US law, save as a historical footnote.

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  2. Kill em' All by lancesnyder · · Score: 0, Flamebait

    Terrorists and any other human who willingly takes another humans life, does not have a soul and therefore, is not a person. They should all be executed swiftly, without question. If another person has the intent to, or has damaged another persons life to the point of non-recovery or death, the individual(s) should be executed. Fuck their "rights" they have no rights. They threw their rights out the door when they decided to commit the senseless crime. Kill em' all. What is the point of having them around? Just fucking kill them.

  3. Re:Sudden? by hxnwix · · Score: 0, Flamebait

    Given your assertion that treating terrorists nicely causes them to like us, explain why the 9:11 highjackers [sic] still insisted on murdering thousands of innocent civilians despite having lived in this country, with all the benefits of a free resident, for a long period of time (years in most cases). Just as some German POWs remained hopelessly attached to Nazi dogma in spite of relatively fair treatment, some Afghanis are going to remain loyal to their Taliban teachings. By abusing POWs, we ensure that more POWs and their countrymen will hate us.

    Thanks! Suck a cock, you neocon dipshit.
  4. Re:Marshall Plan? by fm6 · · Score: 0, Flamebait

    I don't have any statistics, No shit.
  5. Re:Sudden? by ArcherB · · Score: 0, Flamebait

    You're so sure that every single person in Guantanamo deserves to be there, without doubt, forever and ever and ever. You have to be, otherwise you're saying "better the innocent to be punished than the guilty to go free", a 180 degree contradiction to the very foundations of our legal system, you know, that whole Constitution thing, that you swore to uphold and protect with your very fucking life? Are you 100% sure that every American citizen in our prison system is supposed to be there? No? Do you think that we should shut down our justice system? If not, why are you saying that the innocent at Gitmo deserve better treatment and consideration than those in our own prisons?

    I don't doubt that some of those in Gitmo are evil scumbags who get punished to the severest extent of the law. That is what we are, are we not? A lawful society? One built on due process? Exactly. Those who have done wrong will be punished, and those who have done extreme wrong will be extremely punished. Those who have not, or doubtfully have, will be let free.

    That's all we ask for. That's why we don't have military tribunals to determine our guilt. What is good for the goose is good for the gander. No, it's not. For starters, the American legal system is public and transparent. Our military is not. If you give these guys public trials with full Constitutional protection, then these guys have a right to face their accusers. Well, that's all fine and dandy, but their accuser may be a covert CIA agent still in the field. Their accuser may be an agent from Pakistan or the Northern Alliance. If outing Valerie Plame was such a horrendous crime, wouldn't this be that much worse? I've been through military court proceedings and I can assure you that they are fair and efficient since much of the legal bullshit, legalese and delaying proceedings have pulled out. They are also secret, which would protect undercover agents in the field.

    Besides, I trust our military tribunal system much more than I trust the justice system that let OJ go free!

    Either way, it's not like we WANT to let everyone in Gitmo, or anyone else, get off scot free. I am an American, and trust me, Americans are better than these scum we are fighting. If I learned one thing in a basic civics class, it's that we are better than everyone else precisely because we hold ourselves to higher standards (or, at least, we're supposed to be, and we're supposed to do that). I agree that these guys deserve proceedings to determine if they belong, and they were getting those proceedings. Those that are determined to no longer be a danger to the US and have no information worthy of seeking should be released and maybe even compensated for their time. However, I do not think that those proceedings should be done in public, or in civilian courts (unless the detainee is a US citizen, of course). This is a military matter and should be handled by the military.

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  6. Re:Constitution 101 by Doc+Ruby · · Score: 0, Flamebait

    I accept your concession. Though you should look into that "strawman" word you're misusing. It doesn't mean "superior argument", and "pathetic" doesn't really mean "made you cry".

    But at least I shut up another delusional Republican by confronting your denial. You should stay indoors until you're worked that out.

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