Friday, May 15, 2009

Why Militant Ginger should avoid politics...

WASHINGTON – President Barack Obama will restart military tribunals for a small number of Guantanamo detainees, with new legal protections for terror suspects, U.S. officials said. Full story here.
Oh, great. Thanks a lot, Obama...

Yesterday, I rail about how you've broke the promise to end the unethical detention of 'terror suspects' - and now you've delivered everything that I argued for! Yesterday's point was... erm... pointless?

Now, after careful review of the system implemented during the Bush administration, President Obama will continue to 'process' detainees. Major changes will be made to the system, however:
  • (Some) suspects will get a trial, instead of being held indefinitely and without charge.
  • Hearsay evidence ("I heard this guy said that this happened") won't be allowed.
  • Nor will evidence obtained through 'enhanced interrogation techniques' (i.e. torture.)
  • Detainees have the right to silence, instead of being sanctioned for refusing to testify.
Okay, so it's not like these detainees now have full constitutional rights, but that's okay with me. Yesterday's discussion with Tom convinced me that an accountable and transparent military tribunal is an appropriate court of justice for these detainees, who fall into the crack between 'prisoners of war' and 'criminal suspects.'

What I did object to was not giving them a trial, denying them basic human rights and obtaining 'evidence' through means which are commonly regarded as torture.

In so far as that, it seems like President Obama and I are on the same page.

It's still sketchy that dozens of detainees haven't been put on trial, charged or released years after their initial capture - but this is a step in the right direction and it's a marked improvement over what went before.

As for the liberals who are going to be enraged by Obama's decision - arguing that the detainees deserve full constitutional rights - I think people like Tom have convinced me that this isn't the case.

The Bill of Rights and the Constitution very clearly state that rights are awarded differently in wartime. Some people might argue that America isn't at war - but if that's the case, what the hell are our troops doing dodging bullets in Afghanistan and Iraq?

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