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Thread: NYC Terror Suspect Takes Deal, Probe Continues

  1. #21
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    Re: NYC Terror Suspect Takes Deal, Probe Continues

    Quote Originally Posted by RightinNYC View Post
    … Given that you said that only three cases have been tried via tribunal, that must mean that everyone else was tried by civilian trial, right? …
    The U.S. Supreme Court has already determined that indefinite detention is unconstitutional.¹

    So, the military tribunal or civilian court systems are the two options. And, comparing their records, I think it is clear what should be the preferred option.

    Excerpted from “Terrorism Fight Creates Battle Over Prosecution” By SCOTT SHANE, The New York Times, Published: February 11, 2010
    In eight years, the Bush administration said it had obtained at least 319 convictions in “terrorism or terrorism-related” cases in the civilian justice system, according to a Justice Department budget document. …

    Meanwhile, at Guantánamo, just three men were convicted by military commissions, largely because the tribunals drew countless legal challenges. Two of the three men convicted, including Mr. Hicks, are now free.
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    Re: NYC Terror Suspect Takes Deal, Probe Continues

    Quote Originally Posted by Chappy View Post
    The U.S. Supreme Court has already determined that indefinite detention is unconstitutional.¹
    That's not actually what Boumediene said - the primary issue of that case was whether Gitmo was within the sovereignty of the US such that detainees had a habeas claim. It says nothing about places like Bagram where we continue to hold detainees without trial.

    So, the military tribunal or civilian court systems are the two options. And, comparing their records, I think it is clear what should be the preferred option.
    If those are the only two options, then what is the Obama administration doing with those who it's not putting in either system and is instead holding indefinitely?

    Even for those for whom there will be trials, if the civilian system is clearly so much better, then how come the Obama administration has decided to try dozens in the tribunals?
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: NYC Terror Suspect Takes Deal, Probe Continues

    Quote Originally Posted by RightinNYC View Post
    That's not actually what Boumediene said - the primary issue of that case was whether Gitmo was within the sovereignty of the US such that detainees had a habeas claim. It says nothing about places like Bagram where we continue to hold detainees without trial.



    If those are the only two options, then what is the Obama administration doing with those who it's not putting in either system and is instead holding indefinitely?

    Even for those for whom there will be trials, if the civilian system is clearly so much better, then how come the Obama administration has decided to try dozens in the tribunals?
    Because when we sent them to the civilian courts you conservatives FREAKED THE **** OUT!
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: NYC Terror Suspect Takes Deal, Probe Continues

    Quote Originally Posted by Deuce View Post
    Because when we sent them to the civilian courts you conservatives FREAKED THE **** OUT!
    Incorrect. You're completely mistaken on the timing - never once did Obama say that he was moving everyone to the civilian courts. When he made his announcement, the decision was to divide the gitmo detainees up into three groups: Civilian trial, military tribunal, and indefinite detention. From day 1, he's been planning on doing this. The "conservative freakout" that you're referring to (which I don't recall ever participating in) happened re: the decision to put some people in the civilian court.

    You can't blame everything on those evil conservatives.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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