Do You Lock Them Up Forever? (Joe Gandelman)
Joe Gandelman
To jail for how long or not to jail for how long — that is the question...posed by the administration's proposed plan for long term jailing of terror suspects.
It's a plan that'll likely open up a can of worms because its aim is going to raise red flags in many quarters. Reports the Washington Post:
Administration officials are preparing long-range plans for indefinitely imprisoning suspected terrorists whom they do not want to set free or turn over to courts in the United States or other countries, according to intelligence, defense and diplomatic officials.
The Pentagon and the CIA have asked the White House to decide on a more permanent approach for potentially lifetime detentions, including for hundreds of people now in military and CIA custody whom the government does not have enough evidence to charge in courts. The outcome of the review, which also involves the State Department, would also affect those expected to be captured in the course of future counterterrorism operations.
"We've been operating in the moment because that's what has been required," said a senior administration official involved in the discussions, who said the current detention system has strained relations between the United States and other countries. "Now we can take a breath. We have the ability and need to look at long-term solutions."
That's the issue: what are the pluses and minuses in any long term solutions? What questions do they raise? What, if any, American internal consquences will there be? What is the likely impact on U.S. foreign policy (positive and negative)? Should the questions be answered completely first via detailed debate or should a plan like this just go through? What are the SPECIFIC arguments for this being the best course of action? More:
One proposal under review is the transfer of large numbers of Afghan, Saudi and Yemeni detainees from the military's Guantanamo Bay, Cuba, detention center into new U.S.-built prisons in their home countries. The prisons would be operated by those countries, but the State Department, where this idea originated, would ask them to abide by recognized human rights standards and would monitor compliance, the senior administration official said.
As part of a solution, the Defense Department, which holds 500 prisoners at Guantanamo Bay, plans to ask Congress for $25 million to build a 200-bed prison to hold detainees who are unlikely to ever go through a military tribunal for lack of evidence, according to defense officials.
But it's likely to raise some red warning flags. Detailed warnings are already coming from the left, such as here. Meanwhile, Newshog blog argues that if you lock someone up for their whole lives without due process it means it is a concentration camp. And Cernig ends his argument with a challenge:
Is it possible to overstress how important this matter is? ...Now, here we have BushCo planning, and proudly crowing about planning, to take this right away from people (who may well be bad people) that they cannot prove are bad people even in a military tribunal set up so that they could try these people without the worrisome constraints of civil law!
If this goes through, then for as long as it exists, America will be unable to say word one about infringement of human rights by other nations, and the American people will have to hang their heads in shame. When Bush said he would export democracy, he didn't tell us he would be exporting it all, leaving none at home.
I know the lefties out there are going to be disgusted by this, but are the right truly such sheep as to let this go by? I challenge the right to speak out in condemnation of this terrible "solution" in full and clear realisation that the only solution more awful would be the final one.
Should this be of concern to people on the right and the left? (You can give your take in comments. Specific arguments for or against are always more convincing than denouncing people on either side of this issue.)
UPDATE: The idea has already been condemned by a Republican Senator:
WASHINGTON (Reuters) - A reported U.S. plan to keep some suspected terrorists imprisoned for a lifetime even if the government lacks evidence to charge them in courts was swiftly condemned on Sunday as a "bad idea" by a leading Republican senator...
Influential senators denounced the idea as probably unconstitutional.
"It's a bad idea. So we ought to get over it and we ought to have a very careful, constitutional look at this," Republican Sen. Richard Lugar of Indiana, chairman of the Senate Foreign Relations Committee said on "Fox News Sunday."
Sen. Carl Levin of Michigan, senior Democrat on the Armed Services Committee, cited earlier U.S. Supreme Court decisions. "There must be some modicum, some semblance of due process ... if you're going to detain people, whether it's for life or whether it's for years," Levin said, also on Fox.
The White House did not immediately respond to a request for comment. The State Department declined comment and a Pentagon spokeswoman, Lt. Col. Ellen Krenke of the Air Force, had no information on the reported plan.









I have a high respect for military tribunals and don't think they're the "kill 'em all" courts they're so often accused of being, but the State does in these cases have a definite lead as no military member will willingly sacrifice the safety of the nation they serve for the good of a terrorist. If the CIA is unable to do its job and gather then needed Intel to put these threats to US safety and soverignity in prison, then it shouldn’t fall to the military to permanently incarcerate them.
I don’t fear this proposal as an attack on my rights to trial by a jury of my peers. I do not believe any American needs to fear this for that reason. But, it scares me that some in the CIA and DoD are so willing to give up our principles and break the law to get the bad guys.
I have not one doubt that the people in US custody are threats to the US military in the least, Americans in general at the most. That does not, however, mean I will willingly see my country abandon our scruples. If we can’t prove they’re bad, you return them to their nations. The next time, use the fact they were previously in US custody to help show a pattern of behavior. Sure, bad guys are going to get out and possibly come back to kill Americans. But for all the military I know, I know of not one member willing to stomp on legal precedence in this way. They’ll do so if ordered, but not of their own free will. I don’t want to see my friends and family put in that position to begin with.
I don’t think the Bill of Rights applies to non-citizens, nor to terrorists Hell bent on my destruction. I do however believe its spirit should apply to all US justice no matter who the suspect. Doing this permanent imprisonment without charge and without trial would wound that spirit, and I don’t want to see that happen.
My answer is, we lock them up indefinitely, until the islamic world rids itself of the islamo-fascism that chose to send terrorists to this country to destroy major commercial and government targets in New York and Washington three years ago.
We control enough of the world to be able to find obscure islands on which to park these murderous zombies behind barbed wire. If necessary, for the rest of their lives.
And one more thing. I would treat them Alcatraz style, like in the good old days of the 1930s or Devil's island under the French penal authorities.
This means there would be no more daily islamic get togethers, including prayer sessions. They would be chained in place in individual holding pens without contact with one another. No newspapers. No radios. No books. No means of committing suicide. Not only no women, but they wouldn't be able to get anywhere near within buttfucking range of any other prisoner.
Nothing but food, water, and a lot of time to ponder why they ever tried taking on the United States of America. And no, there would be no civilians, including news snoops, permitted at any such island camp.
But each one would be given any opportunity that came to mind to opt out, spill his guts, rat on his buddies and on anything he knew of any anti-American plots anywhere. For which the treatment would immediately improve.
No, there would be no sexual or any other physical maltreatment of the type made notorious at al-Ghraib. But in every other regard, after about six months of such captivity, these people would think they got into the clutches of a bunch of American Gestapo Muellers. And that is exactly the way I would want them to feel.
Arnold Harris
Mount Horeb WI
No. That would constitute depriving them of their civil liberties without due process.
Arnold Harris
Mount Horeb
Other Americans think the only validation of one's principles is his/her own death. That's their principle, not mine!
At the same time those among the ranks of the sadomasochist Islamofascists get to choose their fate either before or maybe even after we get them. They should have been thinking about this already.
What it's about is free thought vs anti-free thought, good vs evil. You either see this or you don't.
The issue of what to do with those for whom the evidence against them is not compelling is a thorny problem that was the topic of an email discussion I was engaged in yesterday. Ultimately, even though on the face of it we may appear to be creating more trouble for ourselves, I think we should err on the side of preserving our principles and releasing those for whom we cannot try in front of a tribunal to whatever country will take them, and if we catch them again, be sure to gather the evidence needed to convict them.
ha! ha! ha! ha! Happy New Year!
It's suicide.
By giving terrorists due process, you say that a terrorist's life is, not as important, but more important than their victims' lives.
So... hold them indefinately, or kill them. Either way works for me.
These responses are truly scary.
Who deserves due process and who doesn't?
How is giving a terrorist due proecess saying that there lives are more important than their victim's lives?
When I said, "By giving terrorists due process...", I should have said something more along the lines of, "Terrorists do not deserve to be treated as kindly as your average 9th Circuit Court judge or Amnesty International representative would say. Cuz, y'know, these are terrorists, not Joe Innocent."
I used "due process" as poor shorthand.
Cernig's statement about 'proof' is part of why I used "due process". Even in military courts, there are likely technical standards for proof that would let terrorists go free. And indeed, often those who protest the interment of terrorists refuse to be satisfied by the military trials that are going on - they want them tried in US Criminal Courts, under Criminal Law, where standards of proof and evidence rules are biased towards people who aren't out to commit genocide or murder thousands.
I think Francis W. Potterro's statement (more at the link than I'm quoting) is more effective than I can say, actually: