Wednesday, June 22, 2005
Malkin, addressing the complete misrepresentation by the media and both sides of the isle with respect to gitmo.
Treating foreign terrorists like American shoplifters -- with full access to civilian lawyers, classified intelligence, and all the attendant rights of a normal jury trial -- is a surefire recipe for another 9/11. That is why the Bush administration fought so hard to erect an alternative tribunal system -- long established in wartime -- in the first place.
Every single detainee currently being held at Guantanamo Bay has received a hearing before a military tribunal. Every one. As a result of those hearings, more than three dozen Gitmo detainees have been released. The hearings, called "Combatant Status Review Tribunals," are held before a board of officers, and permit the detainees to contest the facts on which their classification as "enemy combatants" is based.
Gitmo-bashers attack the Bush administration's failure to abide by the Geneva Conventions. But as legal analysts Lee Casey and Darin Bartram told me, "the status hearings are, in fact, fully comparable to the 'Article V' hearings required by the Geneva Conventions, in situations where those treaties apply, and are also fully consistent with the Supreme Court's 2004 decision in the Hamdi v. Rumsfeld case."