Please Help Move The Terrorist Trail in NYC

[blktoptrvl]

Gitmo was setup to avoid using both the civil and the military prisions and procedures that were already in place. It was a political move. Why was that an acceptable political move and now closing it is not acceptable?

Gitmo was well thought out?

No, It was not thought out at all. That is why prisioners were left there for years with no trials. That is why the right leaning Supreme court over and over told the Bush Administration they could not do what they were doing. Setting up Gitmo WAS AGAINST THE LAW.

[Krimson X]

Originally Posted by nom3rcy

I'm not even going to answer that. You probably also think they deserve a jury trial and all the other perks that US citizens work and die for.

Gitmo was established to circumvent the Constitution...Specifically the 14th Amendment. The 14th Amendment to the Constitution reads:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (Emphasis supplied).

The first part of the 14th Amendment applies to citizens of the United States. The second part applies to all persons (citizens and non-citizens alike) who fall under the jurisdiction of any State.

[nom3rcy]

What was so different about Gitmo than a prison here? They were awaiting trial without bail... big deal. Other than the abuse (which I do not agree with) they didn't have it that bad.

Personally I don't have a problem with keeping them away from our soil.

[StanF18]

Anyway, the terrorists should not be using trails in NYC. There are plenty of nice trails in the mountains of Pakistan.

As for the trIAL....I don't know if the framers of the 14th Amendment envisioned commercial aircraft being used as WMD against skyscrapers. Krimson: If you frame it as an 'Act of war' rather than plain old murder, perhaps a case can still be made for a military tribunal vs. a civilian jury??

[Krimson X]

Originally Posted by StanF18

Anyway, the terrorists should not be using trails in NYC. There are plenty of nice trails in the mountains of Pakistan.

As for the trIAL....I don't know if the framers of the 14th Amendment envisioned commercial aircraft being used as WMD against skyscrapers. Krimson: If you frame it as an 'Act of war' rather than plain old murder, perhaps a case can still be made for a military tribunal vs. a civilian jury??

No, I am not arguing civil trials vs. tribunals. What I am saying is that had the gov't brought the prisoners to U.S. soil, they would, under the 14th amendment, be required to treat those prisoners as "persons" giving them due process of law and the right to a just and speedy trial. Had they left them in Iraq, they would have been held under Iraqui law, or any other law of any other soverign nation where they were being held and tried.

What Gitmo created was terrorists purgatory, allowing the federal government to hold these terrorists for as long as they wanted without bringing formal charges. Under U.S. Constitution ,you have to bring a letter of indictment within so many days of arrest.

However, it is my opinion that wherever the U.S. flag flies (i.e., military outpost, base, Embassy) is soverign land. I would argue that Gitmo avails itself to the Constitution and the 14th amendment.