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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (171649)	6/29/2006 8:49:16 PM
From: D. Long	Respond to of 793840

My recollection is that Bush didn't want to try them in the first place, just stash them away. But I'm not positive about that This is where we see these guys falling through our legal cracks. They aren't soldiers or even rebels as contemplated by Geneva. But they are more than criminals, caught in an environment that does not lend itself to standards of proof of the courtroom. If the Admin would have classified them as POWs, we could have kept them locked up forever without charge. Or at least until AQ is definitively destroyed. Good luck determining that. But they would have had privileges granted by Geneva that would have endangered others. These aren't just grunts of national armies biding their time to go home. They would have used their privileges to harm because many of them are murderous beyond comprehension. If we don't treat them as POWs, and charge them, they have to be charged with crimes under the law of war. And the wrinkle from Hamdan - we have to charge them with offenses that occurred in a theater of war, strictly defined. Well, these are global jihadis in a global theater of war. It is a war unlike any other in history, and does not fit such neat categories. Hamdan was OBL's personal servant. He obviously knew OBL's penchant for terrorism against the infidel. But until the US invaded Afghanistan and it became a "theater of war", his prior actions and knowledge are apparently not sufficient to string him up. You can imagine the consequences of that logic for trying captured terrorists. Derek