This left-over Bush administration problem needs to be resolved.
First, we should stop holding enemy combatants indefinitely and get on with charging them with a crime. In general, we should imprison enemy combatants in federal corrections institutions where today we have already some 200,000 offenders behind bars.
The “Escape of the Giant Jihadist” hysteria is absurd. Anyone who knows anything about the real life of federal prisons knows that there is more than an adequate amount of prisoner-led self-policing going on inside those walls, in addition to professional guards. In fact, given how many prisons we have in this country of all kinds, it’s shocking how little the American public knows about the actual experiences of those whom we incarcerate. Gitmo has been a failure. I know it can’t be done by lunch, but we need to put that unfortunate chapter in American “justice” behind us.
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Rory Cooper of the Heritage Foundation responds
David, excuse me if it feels like I’m targeting you this week, but I would like to address a couple of your points. First, you have correctly identified a major difference between conservatives and liberals, and the liberal belief that the enemy combatants at Gitmo are part of the “justice” system. They are not. They are terrorists who declared war on the United States who do not represent a flag nation, as we became accustomed to in previous wars.
It is absurd to think that the only concern is that the terrorist might break out, which trivializes the issue. The question is, if you put them in Colorado’s SuperMax, is Colorado now a target for terrorism by men we have not caught yet? Or are they automatically entered into the U.S. judicial system? Since that would be highly inappropriate given that evidence against them was gathered in classified military processes, where would you prosecute them? In a military tribunal as Presidents Bush and Obama both supported.
So if they’re being tried in a military tribunal, why not keep them imprisoned on a military base. Where is the most secure facility for this? Guantanamo Bay. The men and women who serve our country at Gitmo are amazing soldiers who watch over these murderous thugs with integrity and responsibility and to move them out of that facility to improve the window dressing of this issue is naïve. I recommend you watch the National Geographic Channel’s (super non-partisan) documentary “Inside Gitmo” for a look at this facility that is hailed as exemplary from both sides of the aisle. Most agree it was unfortunate that President Obama chose to sign an executive order closing Gitmo on his second day in office before knowing the facts, or having a plan. And as America regains its senses, I hope we can now all agree that fighting terrorism is priority #1, not fighting a public relations battle from 2003.
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Fred Barbash, Politico’s Arena moderator responds
Pardon my interruption…but if they were all terrorists we wouldn’t be having this problem, which is the more-than-semantic problem with the discussion of this issue generally. The Bush and Obama administrations have been struggling to come up with a process-acceptable to the Supreme Court–precisely to determine which of those in custody are, in fact, terrorists.
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My response
Rory, no offense taken. Call me a liberal or, hey, like yesterday, call me poetic, but I do in fact support due process for Guantanamo prisoners, as well as closing the prison camp there. If recent polling is to be believed, so too does a majority of the American public.
For some time now military, diplomatic, and intelligence officials have been investigating public, private, or military prisons to take Guantanomo prisoners (and struggling in the effort because of a U.S. law preventing mixing Guantanomo detainees with domestic inmates). This process, of course, was begun during the Bush administration. There is a precedent, meanwhile, for terrorist detentions in American jails: The shoe bomber, Richard Reid, is in the SuperMax in Colorado; Zarcarias Moussaoui is incarcerated there also.
As of February of this year, 500 enemy combatants, including some alleged to be the so-called “worst of the worst,” have actually been released already from Guantanomo. So it’s unclear who is a terrorist thug and who isn’t–that’s why we should be charging them and trying them. And, then, we can call them murderous thugs if that’s, in fact, what they are. Also, it’s from this lot (of the 500, I mean) that the allegations that several dozen of them are back in the field come from–including Abdullah Zakir, a militant whom the Bush administration released from Guantanamo two years ago and who is now a leader among the Afghan Taliban.
About 200-some prisoners remain. A third of these have been cleared some time ago to be sent home without charges. Another third are being kept because the military believes there is evidence to try them–whether in military or in federal courts, where, by the way, there is precedent for shielding the public from classified evidence–though only two dozen have actually been charged and of these only three have been brought to trial. Finally, of the other third, there lacks evidence to charge these individuals with anything–although intelligence officials insist these prisoners are too risky to set free. They’re the ones who have to be dealt with, and they were going to have to be dealt with whether Guantanomo is kept open or not.
Re: Colorado SuperMax as a potential site of terrorist attacks. Rory, we might be able to agree on this point: It makes no difference who is president or who controls the U.S. Congress or how well or poorly we treat enemy combatants, or even what policies of defense, what uses of hard or soft power get employed for us to be realists about the following fact. Jihadists don’t need motivation to attack civilians. So let’s not ascribe to them any special care for the our national drama about domestic security.
I’ll check out your movie. Re: yesterday’s debate. By now you surely know that “excessivement sensible” means overly sensitive.
This post originally appeared on Politico’s Arena.
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