Exactly. The judge was doing his job. His decision was driven by American criminal law. Confessions which have been improperly gained -- by American criminal law standards -- should be thrown out.
By the same token, an international terrorist captured on the field of combat overseas has no business being tried in an American criminal court.
Eventually, in the NY "show trials", a Federal judge is going to be confronted with a fundamental conflict between applying the law (and dismissing charges) or prostituting the law and supporting the political regime (by allowing a conviction).
I don't understand how the SCOTUS ruling to allow habeas corpus automatically allows the federal courts to throw out evidence or gives detainees a right to have actual trials in non-military US courts.
Anthony Kennedy (not only for the Gitmo ruling, but also for the vote that transformed CO2 into a pollutant) is bad enough, but if he retires when a Dem is POTUS, that could mean the end of real justice.
Right. Did Obama and Holder want to ruin the civilian criminal justice systems for American citizens by forcing a judge to throw out established law on coerced confessions? Or did they want these terrorists to walk?
Next issue that would free them, if their confessions are not suppressed, would be speedy trial.
Holder is a former Judge. Both he and Bambi know what they are doing, so it is all the more insidious.
And Obama and Holder hinting around that they will continue to hold these clowns even if the civilian court acquits them? Pure poppycock. There would be a Double Jeopardy claim so that military courts could not touch them. Only the Hague would be a next forum, and those folks would greet them as heroes.
The key is as soon as anyone reaches US Soil (which Gitmo is not) they gain all 14th amendment rights, due process, attorney, jury trial, exclusionary rule, 4th, 5th, 6th, 7th and 8th amendment protections, which are generally afforded to US Citizens. Bringing them here for trial or switching them from Gitmo to Illinois gives them the full array of “rights”. That is the true crime.