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Guantanamo inmates can be held 'in perpetuity'
yahoo.com ^ | June 15, 2005 | Reuters

Posted on 06/15/2005 3:35:00 PM PDT by AgThorn

WASHINGTON (Reuters) - Republican senators called on Wednesday for the rights of foreign terrorism suspects at Guantanamo Bay prison to be legally defined even as the Bush administration said the inmates could be jailed there "in perpetuity."

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The prison, currently holding roughly 520 inmates, opened on the U.S. naval base at Guantanamo Bay, Cuba, in January 2002 in the aftermath of the Sept. 11, 2001 attacks on the United States. Many of the detainees have been held for more than three years, and only four have been charged.

At a U.S. Senate Judiciary Committee hearing, Republican Chairman Arlen Specter of Pennsylvania said Congress should help to define the legal rights of the inmates at the prison, which the panel's top Democrat called "an international embarrassment."

Delaware Democratic Sen. Joseph Biden (news, bio, voting record) asked Deputy Associate Attorney General J. Michael Wiggins whether the Justice Department had "defined when there is the end of conflict."

"No, sir," Wiggins responded.

"If there is no definition as to when the conflict ends, that means forever, forever, forever these folks get held at Guantanamo Bay," Biden said.

"It's our position that, legally, they can be held in perpetuity," Wiggins said.

Earlier, the committee's top Democrat, Sen. Patrick Leahy (news, bio, voting record) of Vermont, said the United States may face terrorism "as long as you and I live." He asked Brig. Gen. Thomas Hemingway, who oversees military trials of Guantanamo prisoners, if that means America can hold prisoners that long without charges.

"I think that we can hold them as long as the conflict endures," Hemingway responded.

"Guantanamo Bay is an international embarrassment to our nation, to our ideals, and it remains a festering threat to our security," Leahy said.

"Our great country, America, was once viewed as a leader in human rights and the rule of law, and justly so. Guantanamo has undermined our leadership, has damaged our credibility, has drained the world's goodwill for America at an alarming rate," Leahy added.

Critics have decried the indefinite detention of Guantanamo prisoners, whom the United States has denied rights accorded under the Geneva Conventions to prisoners of war. The prison, was called "the gulag of our times" in a recent Amnesty International report.

Hemingway said the military commissions created by the Pentagon were the appropriate forum for trying Guantanamo prisoners. Human and legal rights groups have said the rules created by the administration are heavily biased toward the prosecution. The trials have been held up amid legal fights.

Navy Rear Adm. James McGarrah called "rigorous and fair" the Pentagon's annual review of the status of Guantanamo prisoners -- a process that can lead to their release. In those proceedings, detainees are prohibited from having lawyers and cannot see all the government's evidence relating to them.

Lawyers representing Guantanamo prisoners criticized their treatment and the government's system for trying them.

"The (reviews) are a sham," said Joseph Margulies, one of the lawyers. "They mock this nation's commitment to due process, and it is past time for this mockery to end."

Republican Sen. Jeff Sessions (news, bio, voting record) of Alabama said: "This country is not systematically abusing prisoners. We have no policy to do so. And it's wrong to suggest that. And it puts our soldiers at risk who are in this battle because we sent them there."

Referring to detainees, Sessions added, "Some of them need to be executed."

Republican Sen. Lindsey Graham (news, bio, voting record) of South Carolina joined Specter and others who said Congress needed to get involved to better define the process at Guantanamo.

"I think it would be tremendously helpful if the Congress and the administration came together with some general statutory language to help define what's going on at Guantanamo Bay, to better define what an enemy combatant is, to make sure that due process is affordable," Graham said.

Specter noted that legislation he introduced in 2002 on legal rights of detainees had gone nowhere.

"It may be that it's too hot to handle for Congress, may be that it's too complex to handle for Congress, or it may be that Congress wants to sit back, as we customarily do, awaiting some action with the court no matter how long it takes," he said.

The U.S. Supreme Court ruled a year ago that Guantanamo prisoners had the right to seek their release in federal court. But decisions in the lower court have been contradictory, creating what Specter called a "crazy quilt" of rulings.


TOPICS: Breaking News; Cuba; Extended News; Foreign Affairs; Government; War on Terror
KEYWORDS: 109th; detainees; enemycombatants; gitmo; noproblematall
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To: AgThorn
Sen. Patrick Leahy of Vermont, said the United States may face terrorism "as long as you and I live."

If only the solution were that easy.

-PJ

41 posted on 06/15/2005 4:09:20 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: AgThorn
Murderers traditionally in liberal states get life in prison in many states the prisons are a hell of a lot tougher than Gitmo...and not on a tropical beach.

Last I heard all these Moozelum terrorists were going to commit Holy Suicide?

Guess they really must be enjoying their stay among the infidels ..but then who wants to go back to snowy winters in A-Stan when you can winter in Gitmo and eyeball the pretty infidel female attendants

42 posted on 06/15/2005 4:09:22 PM PDT by joesnuffy (Taglines often reveal a lot about the inner person...)
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To: Howlin
Lindsey is on saying though we shouldn't shut down Gitmo .. we should reform it and prosecute the Terrorist

Schuster also had a snippy reporting also

43 posted on 06/15/2005 4:10:03 PM PDT by Mo1
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To: AgThorn
With the RATS biggest reason for closing this facility being we are embarrassing ourselves in the eyes of the International community. [Translation Germany and France] Forgive me if I don't give a hoot what those jack asses think of us! Again another losing argument coming from the traitorous Dims!
44 posted on 06/15/2005 4:11:11 PM PDT by Bush gal in LA
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To: Txsleuth
This lawyer Tom Wilner is claiming the 11 terrorists that he represents aren't bad people .. that they were arrested because they worked with charities .. and a few of them are just teachers

ROLLING EYES
45 posted on 06/15/2005 4:12:54 PM PDT by Mo1
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To: Thud
I don't have any problem with that. None of these guys are there because they checked out the wrong book at a local library.

They chose not to play by the rules of war, so they're not entitled to the protections of the rules of war.

46 posted on 06/15/2005 4:14:09 PM PDT by Dog Gone
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To: AgThorn

Some Senators hate the Administration more than they hate terrorists.


47 posted on 06/15/2005 4:15:05 PM PDT by SmithL (Proud Submariner)
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Comment #48 Removed by Moderator

To: Mo1

LOL. And likely employed an an Iraqi Baby Milk Factory.


49 posted on 06/15/2005 4:16:09 PM PDT by glock rocks ( There are not enough liberals in Utah to bother to appease. - Warren Keuffel)
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Comment #50 Removed by Moderator

To: John Valentine
If we had dealt with these folks the old fashioned way - on the field of battle - there wouldn't be a need for Gitmo in the first place. But accepting the need for a facility for extracting intelligence from captures combatants who are not covered byt the Geneva COnventions, I'd suggest a top secret facility at an extremely remote location with virtually NO chance of accidental discovery, and there individuals could be treated with all the civility they deserve for as long or short a time as may be required.

I have little doubt one already exists. Gitmo is only for the survivors...

51 posted on 06/15/2005 4:17:48 PM PDT by dfwddr
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To: Southack
"They can be shot on sight as spies or sabotuers, legally. Anything less is American charity."

You are 100% correct as far as the justified shooting goes; however, I suspect that their internment has (or had) at least as much to do with their suspected intelligence value as it does charity. Nevertheless, it is safe to say that given the circumstances they are probably the best treated prisoners of war in all of history (except maybe for Hogan's Heroes).

52 posted on 06/15/2005 4:19:44 PM PDT by Joe 6-pack
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To: Txsleuth

This guy that is on now (Mike S) is a radio guy from Philly .. he is also a lawyer too


53 posted on 06/15/2005 4:20:26 PM PDT by Mo1
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To: Mo1

First of all, I am not a bit surprised that Chrissy is having this show...when Abu Ghraib was first "discovered", he had every show for a month about it....

Second, I almost dislike that Shuster guy, more than I dislike Chrissy....a little teeny bit...but I really dislike both of them a whole lot!!!


54 posted on 06/15/2005 4:20:30 PM PDT by Txsleuth (Mark Levin for Supreme Court Justice)
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To: tet68

Why not how the Grand Council of Krypton held that Rabid General, his duffus muscle, and his sadistic wench?


55 posted on 06/15/2005 4:22:14 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: AgThorn

Typical lunch or dinner............lemon chicken, rice pilaf, salad ,fresh fruit, milk, juice, tea ,cookies, apple pie, ice cream, seconds or thirds if they want [vegetarian meals are available if reguested].......................


56 posted on 06/15/2005 4:23:53 PM PDT by Bush gal in LA
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To: RKV

I'm very uneasy about keeping these guys forever without charges. My take is they should be brought up on charges. Some should be executed, some should have lengthy jail time and the truly innocent should be sent free.

What scares me is Saddam, hitler stalin and other tinpot dictators did the same thing to their own people and we railed against it.
This is more big brother and will probbaly start the slippery slope of eroding of our rights as citizens. .
The founding fathers would be appaled.

Shoot them, jail them or set them free.


57 posted on 06/15/2005 4:24:04 PM PDT by superiorslots (Free Traitors are communist China's modern day "Useful Idiots")
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To: AgThorn
'some of them should be executed'

I think they should all be charged, given a speedy trial by the military and summarily shot.

That's just me though.

FMCDH(BITS)

58 posted on 06/15/2005 4:30:31 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Bush gal in LA

They eat better than I do most days!!
Just how many tears can we shed for the poor babies?


59 posted on 06/15/2005 4:32:00 PM PDT by Enchante (Kerry's mere nuisances: Marine Barracks '83, WTC '93, Khobar Towers, Embassy Bombs '98, USS Cole!!!)
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To: AgThorn

If they are released they will have to kill them somewhere else.

Just do it now.


60 posted on 06/15/2005 4:32:16 PM PDT by TASMANIANRED (Democrats haven't had a new idea since Karl Marx.)
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