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Politics : View from the Center and Left

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To: Lane3 who wrote (72425)	6/16/2008 8:22:19 AM
From: JohnM	Read Replies (1) of 542213

Karen, You are taking the discussion of the Guantanamo decision down a path it doesn't need to go. The issue before the court was not how to handle battlefield prisoners but how to handle prisoners, however classified, that have been held several years at Guantanamo. Without any serious hearings as to whether they merited such a charge. For instance, as I understood the lead case, he was arrested in Bosnia after the Bosnia courts decided they had no case against him. Hardly a battlefield decision. I fail to see how the issue of prisoners held for many years without a hearing as to their status goes to the question of whether Afghanistan is best understood in terms of a war model or a criminal model. Moreover, Linda Greenhouse's commentary on the decision includes the following lines, lines showing how Kennedy meant to limit the scope of the decision to Guantanamo and to prisoners long held away from the battlefield. To the contrary, Justice Kennedy’s analysis made clear that the decision was limited to Guantánamo by the special nature of the American installation there as well as by the remoteness of the base from any zone of hostilities. nytimes.com

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