Guantanamo Justice

My Top 3

The first trial of a Guantanamo detainee is nearing completion.  It has revealed the weak and amazingly surreal case the US has against at least one of the detainees.  Salim Hamdan, reportedly a driver for Osama ben Laden was depicted by Prosecution lawyers as a grave threat to society and a member of ben Laden’s intimate inner circle.  Surprise, surprise, the Defense countered that Hamdan was a low level operative and incapable (mentally) of playing a larger role.  Haman said he wanted to go home.

In one sense one can say, “what would you expect both sides to say”?  In another sense you would expect the Prosecution to lead off with a sure fire “bad guy” after over 6 years of detention.  Certainly during that time someone could have fingered the bad guy and provided enough evidence without need of a little water boarding.  But as the trials end no smoking gun was revealed and we are left to wait for the verdict.  Some things are clear

• Guantanamo is not large enough to house every extremist that American Military finds through out the world
• If and whenever the Guantanamo detainees are released, some of them will try to get even in some way (wouldn’t you?)
• Closing Guantanamo and sending the detainees someplace is a complicated mess (typical of the Bush Administration’s “act first, think later” policies).
• Guantanamo stands as a symbol in clear opposition to American values.  In Guantanamo there is no due process, no habeas corpus, and no open trial by peers.

The most glaring insult of these Guantanamo trials is that regardless of whether there is a conviction, the Military does not have to release the detainee.  The Military can determine that the individual represents a threat to the US and can keep the person in detention indefinitely.   This makes these trials a total shame and makes you scratch your head about the why the trials are taking place at all.