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Monday, January 31, 2005
This Strikes Me as Just
By Dr. Steven Taylor @ 1:03 pm

Via Reuters: U.S. Judge: Guantanamo Suspects Have Rights

While I am amenable to the argument that non-citizens may not have the same rights under the Constitution as citizens (depending on the exact circumstances), I do adhere to the notion that there are fundamental hunan rights, many of which are, in fact, detailed in the US Constitution. As a result I cannot abide by the concept that we have the right to indefinitely detain human beings who “might” be a threat. Either they are a threat or they are not, and there needs to be a legitimate process by which to determine that fact.

The issue to me is that there has to be some standard applied to these detainees, and since it seems we have been unable to construct a viable one, I am not sure the proper course isn’t the Constitution.

Said

U.S. District Judge Joyce Hens Green in her ruling:

The main part of her ruling held the suspects can challenge their confinement and rejected the government’s position that all the cases must be dismissed.

“Of course, it would be far easier for the government to prosecute the war on terrorism if it could imprison all suspected ‘enemy combatants’ at Guantanamo Bay without having to acknowledge and respect any constitutional rights of detainees,” Green said.

“Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over two hundred years,” Green said.

“In sum, there can be no question that the Fifth Amendment right asserted by the Guantanamo detainees in this litigation — the right not to be deprived of liberty without due process of law — is one of the most fundamental rights recognized by the U.S. Constitution,” she said.

I can find no basic fault with line of reasoning.

Filed under: War on Terror, Courts/the Judiciary | |Send TrackBack

The American Mind linked with Reaction to Judge Green's Ruling
Modulator linked with Guantonamo Prisoner's Rights
PoliBlog: Politics is the Master Science » More on the Gitmo Detainees linked with [...] e on the Gitmo Detainees By Steven Taylor @ 8:33 pm Sean Hackbarth disagrees with me on the ruling earlier today regarding the detainees at Gitmo. While I understand where he is coming fro [...]

3 Comments »

  1. Guantonamo Prisoner’s Rights
    Steven Taylor gets it right with regard to US District Judge Green’s ruling that the Guantonamo Bay prisoners have constitutional protections:While I am amenable to the argument that non-citizens may not have the same rights under the Constitution as …

    Trackback by Modulator — Monday, January 31, 2005 @ 1:45 pm

  2. Reaction to Judge Green’s Ruling
    Not much comment from any big name webloggers on Judge Green’s ruling. That doesn’t mean there isn’t any interesting commentary….

    Trackback by The American Mind — Monday, January 31, 2005 @ 4:14 pm

  3. […] e on the Gitmo Detainees
    By Steven Taylor @ 8:33 pm
    Sean Hackbarth disagrees with me on the ruling earlier today regarding the detainees at Gitmo. While I understand where he is coming fro […]

    Pingback by PoliBlog: Politics is the Master Science » More on the Gitmo Detainees — Tuesday, February 1, 2005 @ 2:34 am

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