November 7, 2008

IF HE WAS REALLY GOING TO CHANGE THINGS HE COULD SAY, "IMBY":

The Gitmo Dilemma: Four reasons Obama won't close the controversial prison soon (Dan Ephron, 11/07/08, NEWSWEEK)

The NIMBY Problem: The U.S. will continue holding a few dozen suspects it intends to put on trial or deems too dangerous to release. But where? A secret study conducted by the Pentagon in 2006 outlined alternative sites within the U.S., including the military facility at Fort Leavenworth, Kansas, and at Charleston, South Carolina, according to a former Pentagon official familiar with the details. But congressmen representing those and other districts with military brigs have already vowed to fight the move. [....]

Miranda This: Once moved, the high value detainees already indicted for their role in the attacks of 9/11 or other crimes would presumably be tried in either federal criminal courts or in military courts—a suggestion put forth by Obama in a statement earlier this year. But it's not at all clear that convictions could be won against even top Al Qaeda suspects like the alleged 9/11 mastermind Khaled Sheikh Mohammed. Federal and military courts are much more protective of a defendant's rights than the military commissions operating at Guantanamo. In a federal court, an Al Qaeda defendant held for years at a secret CIA site could complain that his right to a speedy trial was violated, that he was never read his Miranda rights, that the evidence against him did not go through a proper chain of custody and that confessions were gleaned through coercive interrogations, according to retired Col. Morris Davis, the former chief prosecutor in the Guantanamo trials. "Any one of these issues could jeopardize the prospect of a conviction," he said.


Imagine how gracious he'd come off if he proposed moving them to Hyde Park?

But, of course, he had his first security briefing yesterday, so the notion of releasing jihadists, like JFK's that there was a missile gap, will disappear down the memory hole.

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Posted by Orrin Judd at November 7, 2008 3:43 PM
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