Posted on 12/20/2001 9:31:16 AM PST by Lance Romance
After Fleischer told a reporter that Walker "is considered, under the Geneva Convention regarding the treatment of prisoners of war, a battlefield detainee," Thomas demanded: "My question falls in line with that. Are we so primitive that we would ship this man in a box, deny him legal rights, deny him the right to see a lawyer, deny him the right to see his parents? I mean, is that America?"
Fleischer tried to calm down the long-time UPI reporter: "Helen, under the Geneva Convention regarding treatment of prisoners of war, the military and intelligence agencies may question prisoners for information that's of military value in the conduct of war without the presence of a lawyer. That is what the Geneva Convention calls for-"
Thomas piped up: "You ship him in a box?"
Fleischer: "-and the Geneva Convention is being followed in this case."
Moran demanded: "So it trumps his constitutional right to-"
Fleischer: "No, this is done consistent with the Constitution."
Moran: "How so?"
Fleischer: "Because what you're referring to, Terry, deals with custodial interrogation-"
Moran: "Right."
Fleischer: "-and that only comes into play, that only comes in as a matter of statute when he is in the custody of law enforcement personnel. He is covered under the Geneva Convention by military personnel, which triggers a different set of statutory requirements."
Thomas, obsessed with parental access: "He can't see his parents? He's not allowed to see his parents?"
Fleischer: "Again, Helen, I think that they are moving forward with a review of the facts in this matter. But he is being treated under the Geneva Convention. He is being protected. He has been given medical care which he was not receiving under the Taliban. And he has received the protection of the United States Armed Forces in a very dangerous battlefield condition."
Thomas charged: "He's being interrogated without a lawyer. Is that fair?"
Fleischer pointed out: "He is being given all his rights, which are far more than the rights the Taliban or the al-Qaeda extended to anybody living there."
Thomas sighed: "Well, we're not comparing ourselves, are we?"
You may be on to something here .... how about dozens of boxes ... little teeny-weeny ones!!! Shipped directly to the fleabag. Ha!
Camp Rhino was in the middle of a dried river without a building for miles around. A steel container served as an instant building. If the Pakistanis had used such containers to transport Al Qaeda prisoners, then several Pakistanis would not have been shot and killed with their own guns when the Al Qaeda prisoners they were transporting attacked them a couple of days ago.
deny him legal rights, deny him the right to see a lawyer, deny him the right to see his parents?
John Walker has not been charged with any crime. Legally, therefore, he is still a Prisoner of War. Prisoners of War do not have a right to see or consult with a lawyer and do not have a right to be visited by Mommy and Daddy. Prisoners of War will be interrogated for military information and such information is classified and will not be divulged to a lawyer, the P.O.W.'s family or to the news media.
I mean, is that America?"
No, Ms. Thomas, it is not America and that's the point. It is a war zone outside the United States of America. Miranda rights do not apply to enemy Prisoners of War.
The U.S. Government may decide, for military reasons, never to charge John Walker with a crime. Until such time as he is charged with a crime, he will legally remain an enemy Prisoner of War and will be treated as such.
LOL-- a local talk show host nicknamed him "The Corpse." Sure did fit.
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