Benjamin Wittes of Brookings and Jack Goldsmith, a former assistant attorney general in the Bush administration (of which he was a sometimes critic), make a compelling case: forget civilian trials and military tribunals for enemy combatants. Their logic is sound:
Many critics of civilian trials claim that this problem would not have occurred in a military commission, but that is very probably wrong. The legal standard for excluding such evidence in military commissions would depend on the military judge’s sense of the “interests of justice.” The government would be foolish to rely on military judges’ willingness to admit evidence obtained – even in a derivative fashion — as a result of coercion. There is not much reason to think that the government would have had an easier time against Ghailani on this score if it had proceeded in a commission.
There is, however, reason to think that a commission trial would have presented problems not present in Ghailani’s civilian trial. One central problem is that the conspiracy charge on which Ghailani was nabbed might not be valid in military commissions; three sitting Supreme Court justices have said as much, and many scholars agree. On this and other issues from evidentiary and procedural rules to fundamental constitutional questions, military commissions raise legal uncertainties that have yet to be sorted out by appellate courts.
Instead, just hold the terrorists indefinitely. It’s tried and true and perfectly legal:
The government has a lesser burden in justifying military detention before a habeas corpus court than it has in convicting a terrorist of a crime at trial. The courts broadly accept that Congress has authorized military detention and that it is a perfectly legitimate form of terrorist incapacitation. … Military detention was designed precisely to prevent such fighters from returning to the battlefield. It is a tradition-sanctioned, congressionally authorized, court-blessed, resource-saving, security-preserving, easier-than-trial option for long-term terrorist incapacitation.
Oh the jaws that will drop in European salons! Oh the howls from the ACLU! But at this point, these are precisely the sorts of elites that the Obama administration should dismiss with a back of the hand. The American people and our enemies abroad look at the Obama detention operation with a mix of astonishment and contempt. The White House, however, created the fiction that only civilian trials are true to our “values” but now has figured out that they may be inimical to our national security. It has puffed and postured about closing Guantanamo but has now discovered its utility.
So what better time to wipe the slate clean, declare that Guantanamo will remain in operation for the “worst of the worst,” and relegate KSM and the rest to indefinite detention? That would redound to Obama’s political benefit and restore some oomph to a commander in chief badly in need of some; moreover, it would finally recognize the obvious: we’re at war, and combatants are not criminal defendants.
Yes, a 20 point spread is ridiculous. As is the 7 point spread nationally. Elections in the modern era are in the neighborhood of a 4 point spread. I certainly hope, regardless of who wins, the myth of the polls is finally exposed and dispelled.
LOL. Online non-scientific poll all you got? Karl Rove says Obama in a landslide, and Rove is neocons best buddy…
Don’t worry. The next time you check, Obama will be ahead, courtesy of his famed “Unscientific Online Poll Correction Brigade.” In fact, your publicizing of this result is probably going to get someone fired.
The Post Gazette (remember Hillary going to make peace with them during the PA primary?) is a conservative editorial paper and online polls are self-selecting. This post is not even worth a discussion.
There are reasons for optimism today, but this is not one of them.
An other racist lie. Haters will be permanently purged come November 5.
#2: At least we know where the lunatic’s best buddy is. (Sister Mary Anthony was right.)
#4 – Hilary made peace with the Trib-Review. That’s the more Conservative paper. The P-G is left.
A word of extreme caution: NONE of these online polls are worth anything. Including those after debates, etc. It is trivial for any one person to cast 100 votes in 10 minutes. All you need to do is erase the corresponding cache of a browser and open again. You can do this with 3 browsers at the time… So…give anyone who has some motive and time to waste and voila.
#2 neocon lunacy Says:
“LOL. Online non-scientific poll all you got? Karl Rove says Obama in a landslide, and Rove is neocons best buddy…”
Ever stop to think that perhaps Rove is playing the same game your Obamedia has been playing for the last two years? Perhaps he is trying to demoralize you lefty’s and energize the Repub’s and Undecided’s… We don’t really know now do we???
Barr is kicking Nader’s butt.
About as valid as a FOX NEWS poll television poll, where 90% would vote for McCain.
No – Rove took the RCP spreads from Monday morning and went with them, pretty much carte blanche. Battleground is under 2 taking into account undecideds. It is tight and the eastern time zone will pretty much decide it. Depending on the absentee balloting, we may not know until morning. I still think Indiana at 6PM is the canary in the coal mine so to speak.
An online poll is nothing, Murtha costing Barack Pennsylvannia would be priceless.
It will be a landslide for both parties… Obama wins popular vote with huge margins in NY, CA, IL… McCain wins electoral vote keeping almost all red states except NM and IA, but adding PA… With all the info about obama that the msm has been suppressing for so long finally coming out, it’s amazing how many great ads could be made to coal states, to jewish and christian zionists, to free market capitalists, to defenders of the constitution …oh and palin is cleared… Don’t you kind of wish the MSM had properly vetted their candidate before anointing him? I was on Hugh Hewitt discussing my phone call with Obama’s buddy Rashid Khalidi the other day…
For more on my phone call and more on why and how there will be a landslide for both candidates go to my blog…
http://scattershooting.wordpress.com/
A landslide for both candidates? Talking about wealth-spreading!!
#6 is that a child abusing nun you refer to?
So now we know that McCain has 1800 votes in PA so he won’t be shut out.
I assume this doesn’t include any Philly polling station.
But then again – I would like to see Olbermann’s face when that result was posted.
Israel P…………the Tribune Review USED to be (in the days of yore) a Conservation Newspaper; however, Ric hard Mellon Scaife just endorsed B. Hussein Obama. Accordingly, the rag sold-out to a Socialistic Marxist. Quite frankly, since I am from that area, I was totally astonished.