Go Go Gitmo!
Tuesday, December 04, 2007
Jonathan Hafetz, Counsel in the Liberty and National Security program at the Brennen Center for Justice, and David Rivkin, Attorney at Baker & Hostetler in Washington, DC and former Reagan and Bush administration official, discuss the Supreme Court's ruling on prisoners held at Guantanamo Bay.
Comments [7]
Ask about two widely held misapprehensions:
1) the provisions of the Military Comissions Act of 2006, passed by Congress at Administration's request to remedy the rights/restrictions imposed by Court in rulings on Hamdan and Hamdi, apply only to ALIEN DETAINEES. Wrong - it applies to CITIZENS as well, on home ground or elsewhere, anywhere in the world. It effectively rescinds not only Geneva bans on torture, but also - in giving gov't carte blanche to name ANYONE, AT WILL and "unlawful enemy combatant" and detain and torture them INDEFINITELY - the 4th, 5th 6th 7th and 8th Amendments in Bill of Rights. Ask Jonathan if this if fair and accurate interpretation of this new law, please
2) Gitmo detainees and those elsewhere were "captured on battlefield" attacking US soldiers. NOT TRUE - MOST were turned in, fleeing Afghanistan when the bombing started, due to a $5000 bounty offered by US in places where annual income was $200
The wikileaks.org website has posted a comparison of the 2003 and 2004 Guantanamo operations manuals this week, as well as the the Air Force's operations manual for extraordinary renditions.
Check the Washington post story at http://www.washingtonpost.com/wp-dyn/content/article/2007/12/03/AR2007120301976.html?hpid=sec-nation
http://www.wikileaks.org
David spoke incorrectly Hamdan was not a U.S. Citizen
Hamdan was not a US Citizen.
This is astonishing... if the Supreme Court finds that the Executive decisions is unreviewable, what is the constitutional or legal limit on the Executive? It looks to me that it would be a de facto coronation.
David, why can't these decisions be made by ALL THREE branches of the government, not just the two political branches (not that the judicial branch is free of politicizing these issues)?
Excuse me, Guantanamo is a Cuba or in USA? In fact, it is The United States?
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