Apr 3rd, 2009
Posted by Suzanne Ito, ACLU at 5:02pm	Torture

Move Gitmo Cases to U.S. Courts

We're still thrilled that President Obama committed to closing Guantánamo within days of taking office, and hope that he will heed the ACLU's call to swiftly shutter the detention facility, shut down the military commissions, and bring any criminal prosecutions in U.S. federal courts. While the Obama administration continues deliberating about what to do with the roughly 240 prisoners who remain, the chorus is officially growing louder.

Last night, on The Rachel Maddow Show, Colin Powell expressed his confidence in the ability of the U.S. federal courts to handle the detainees' cases:

We've got two million people in jail in this country. We have the highest incarceration rate in the world. All of them had lawyers. All of them had access to the writ of habeas corpus and courts found them guilty and put them in jail. And I'm confident that even although evidence may be not adequate or even tainted in some cases, as we know, I have confidence in our Federal court system to handle it.

Today, the AP reports that U.S. District Court Judge Leonie Brinkema agrees:

U.S. District Judge Leonie Brinkema told a gathering at the University of Virginia law school that the courts' ability to handle even the most complicated terrorism cases was demonstrated by the prosecution of terrorist Zacarias Moussaoui in her courtroom.

…Brinkema said it's not her place to recommend whether the government should bring Guantánamo detainees into civilian courts, but that they would be able to handle the cases.

Hopefully President Obama will hear the chorus and agree.

Permalink |	Torture

1. Hawaiian style Says:
   Apr 4th, 2009 at 12:53pm

   What's the other option?

   Military courts? Why should they have superior jurisdiction over Federal Courts? If the past record of these courts in handling civilian detainees is any indication there is too much political pressure exerted through the military system.

   First divide the prison population into those where probable cause can be legally shown. Second send them to federal prisons around the country. Third repatriate the remaining population to their native country. Fourth those that cannot be repatriated should be given the status of "innocent, to be repatriated". Fifth either move them to a low security facility, to the Bagram "innocent, to be repatriated" facility created below, or vastly improve the Guantanamo conditions to reflect their innocence.

   Bagram should be divided similarly with a new facility for the "innocent, to be repatriated" class put in good conditions with good food, and conjugal visits. Those being held with probable cause should be held in a facility that reflects their status, and tried by an international court convened on the spot.

   Unless we create a fair, and efficient processing of these folks we will soon have more detainees that we have US prisoners, (2 million).

   If the number continues to grow the management, cost and processing will become overwhelming.

   Further the reputation of the US will suffer no matter what else is done to improve it.

   Finally unless there is a system that rapidly processes those found to have no probably cause then we are back to creating new terrorists due to their resentment of being held without cause.

2. Paen Says:
   Apr 4th, 2009 at 1:53pm

   I wonder if Obama realises that as the son of an African and a Muslem it might
   have been him that was locked up at Gitmo if thing had turned out differently in his life.

3. Hawaiian style Says:
   Apr 6th, 2009 at 3:51am

   First divide the population into those being held for probable legal cause.

   Second all those being held for cause should be charged and moved to Federal courts around the country.

   Third those that are found being held without legal cause should be repatriated.

   Fourth if repatriation is a problem the facilities at Guantanamo should be vastly improved to reflect the status of "innocent waiting repatriation".

   I don't like the US being a country that tortures, or holds prisoners indefinitely without rights or charges.

   I don't like the fact that when we got bombed into the terrorist world on 9/11 we abandoned our Cherished Constitutional rights. And, I don't like the fact that we became a nation that abducts foreigners and citizens alike, holding them indefinitely as if they were guilty until we get around to proving that they are.

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