U.S. May Not Release Guantanamo Prisoners Even If Found Innocent of Charges Against Them

[babylonsister]

http://www.smirkingchimp.com/thread/14005

U.S. May Not Release Guantanamo Prisoners Even If Found Innocent of Charges Against Them
by Sherwood Ross | April 13, 2008



Even if a Guantanamo prisoner is acquitted on all counts at his trial, the Pentagon may still not release him on grounds he might return to the battlefield, according to an article in the April 14th issue of The New Yorker.

The magazine's Jeffrey Toobin quotes Brig. General Thomas Hartmann, legal adviser to the Pentagon's Office of Military Commissions, as saying, "What's unusual about what we're doing is that we're having the commissions before the end of the war. The Nuremberg trials (of accused Nazi war criminals) were after World War Two, so there was no possibility of the defendants going back to the battlefield."

But, Hartmann continued, "We still have that problem. We are trying these alleged war criminals during the war. So, in order to protect our troops in the field, in general we are not going to release anyone who poses a danger until the war is over."

By this reasoning, Toobin writes, "even those Guantanamo detainees who are acquitted of the charges against them are analogous to Nazi war criminals."

snip//

About 275 prisoners remain in Gitmo, down from an estimated peak of 680 from 43 countries. According to Toobin, about 60 have been approved for transfer, if countries can be found to take them, and Hartmann anticipates there is sufficient evidence to bring commission trials against only 80. "In sum," Toobin writes, "there are more than 130 detainees for whom Administration officials acknowledge they have no plan, except indefinite detention without trial." Toobin's article is titled "Camp Justice."

After years of delay, a trial was actually scheduled to open May 5th against Omar Ahmed Khadr, a Canadian who was 15 years of age when detained on charges of hurling a hand grenade that killed an American GI. According to The New York Times of April 12, military judge Col. Peter Brownback III, pushed back his trial date and instead set May 8th to hear more lawyers' arguments on pre-trial issues. Khadr's lead lawyer, Navy Lt. Comdr. William Kuebler, is quoted as saying, "I don't believe anyone can get an acquittal at Guantanamo Bay." He said some witnesses to the firefight say the U.S. soldier may have been killed by friendly fire --- a charge Khadr's prosecutor claims will be disproved.

Yet what does it matter? Even if proved innocent before his all-military panel, Khadr could be held as long as the occupant of the White House says the War on Terror continues! For many in the Middle East and elsewhere, the legalized duplicity shaping up at Gitmo won't just give America one black eye but two, plus a broken nose, a fat lip, and a mouthful of loose teeth --- as George Bush whacks away at the Statue of Liberty with his war club.

[PDJane]

1. And they will be able to do this

because being an "enemy combatant" is a status offence. You are an enemy combattant because the president says you are, and you are outside the laws of any country because of that status offence.

It's outrageous. It's a war crime.

[Solly Mack]

2. Bush Inc has been saying that for years now

Here's an article from 2004

http://news.bbc.co.uk/1/hi/world/americas/3487958.stm

"Pentagon officials have confirmed that Guantanamo detainees may still be kept in detention, even if they are found not guilty by a military tribunal.

They say detainees could be kept prisoner if they are considered a security risk.

If found guilty, they could also be held beyond any sentence laid down by the tribunal."

[RC]

3. They can't release them because they know too much about what goes on

at Git'mo. That is the real reason. Witnesses for the World court.

[IronLionZion]

5. People have been released from Gitmo

and have gone on speaking circuits and even tried suing the US government. I doubt that's the reason.

http://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp#Released_prisoners

[bluesmail]

4. It's circular, if they hadn't been in gitmo

they wouldn't need to be released, so the other theys wouldn't have to 'worry' about them on some battlefield, but they are 'detained', (probably for years now), go back to beginning of circle, they wouldn't need to get OK for release, now nobody has to worry about some battlefield in some probably lied about country, and so forth. Following that logic? Good, because if they hadn't been in Gitmo...