Christopher Marquis of The New York Times on Pentagon Will Permit Captives at Cuba Base to Appeal Status:
The Defense Department announced a series of steps on Wednesday that would let detainees at Guantánamo Bay, Cuba, challenge their status as enemy combatants from the war in Afghanistan and the campaign against terrorism.
The new procedure was hastily devised to head off a possible flood of litigation after a Supreme Court ruling last week requiring that the prisoners be allowed to challenge their legal status before a neutral party, like a federal court. But it was not immediately clear whether the new procedures, which will keep the process in military courts, would satisfy the court’s desires in the Rasul decision, and officials who described the new approach conceded that some of the details were likely to end up in litigation.
In other words, the Administration and it apologists can no longer say, “but they’re terrorists, they don’t deserve a trial!” The whole “trust us” line of thought is not how a Constitutional Republic is supposed to conduct its affairs. Those who disagree are, of course, free to sacrifice their own liberties on altar of big government conservatism (what an oxymoron, yet not). Don’t expect me to participate willingly in your worship of consolidated power, privilege and secrecy.
If these detainees are terrorists and terrorist wannabes, and I don’t doubt that a large portion of the detainees are, then this Administration should be ready to prove it in a court of law – even one governed by the UCMJ. Unless, of course, they have no evidence, no proof, and no case to go along with no WMDs. If the evidence is on the Administration’s side, then this is a slamdunk for them. Its an opportunity to hush their critics and get on with their business. If not, heads should roll. This is about doing the right thing and maintaining the moral high ground. It is far past time that this Administration was forced to stop imitating the tactics of petty dictators and thugs.