October 3, 2006
A WEAK CASE WITH WORSE VENUE SHOPPING:
Lawyers for Detainees Challenge Bush Plan (Matt Apuzzo, 10/03/06, Associated Press)
Attorneys for 25 men being held in Afghanistan have launched the first legal challenge of President Bush's plan for prosecuting and interrogating terrorism suspects.Posted by Orrin Judd at October 3, 2006 9:34 AMDocuments filed yesterday in federal district court here demand that the men be released or be charged and allowed to meet with attorneys. Such a filing, known as a habeas corpus petition, is prohibited under the legislation approved by Congress last week. [...]
The case was assigned to U.S. District Judge Richard J. Leon, who, in a Guantanamo Bay case last year, ruled that Congress had authorized the president to order the detention of "enemy combatants" for the duration of the war on terror.
Let us square away the concepts here.
Lawful combatants are P.O.W.'s, to be held until the end of the war, then sent on their way. Unlawful combatants are accused war criminals, to be dealt with as soon as may be convenient, subject to trial and punishment at any time.
The principles are stretched by the protracted nature of civilizational conflict, wherein the armed conflict may persist for yet more centuries. The only way out of the impass may be to recognize that all jihadits are ipso facto war criminals because of the irreconcilability of their way of war with that of the civilized world.
The only alternatives are endless detention--in other words, de facto life sentences, or simple catch-and-release, whereby the prisoners are let go to continue the jihad.
Posted by: Lou Gots at October 3, 2006 11:05 AM
The best alternative is Rule 303.
Posted by: oj at October 3, 2006 11:22 AMGreat reference, powerful and subtle.
Assuming that we are speaking of Australian Rule .303* and not Pa. Supreme Ct. Rule 303**, we still need to figure out what to do with them if we do take them prisoner. Even where Rule .303 is in effect, there will be prisoners from unit surrenders and the like. We are not going to do them like Charlemagne did the Saxons. It still looks as though we have only the three options: hold for life, try as war criminals, or let go to fight again.
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*Take no prisoners. From: .303 SMLE, the British (and Australian) Army rifle.
**Pertaining to limited-purpose bar admission of Pennsylvania lawyers serving as active-duty Judge Advocates.
We released the Japanese and Nazis only after the war was over.
Posted by: oj at October 3, 2006 2:00 PMThe prisoners should be turned over to the Afghan govt. They turned over Abu Gharib to the Iraqis, didn't they? The AG prisoners are now screaming for the return of the GI's. Apparently, American psuedo-tortures can't compare with Iraqi's real tortures.
Another case of be careful of what you wish for.
Posted by: ic at October 3, 2006 4:47 PM