
2008-17/12 SRO – demokrati og menneskerettigheder Louise 2e
Instead of detainees arriving at Guantanamo and facing a Combatant Status Review Tribunal that allows them
no real chance to prove their innocence with evidence or a lawyer, we could have developed a real military
system of justice that would sort out the suspected terrorists from the accidentally accused.
And instead of not just suspending, but eliminating, the right of habeas corpus - the seven century-old right of
individuals to challenge the terms of their own detention, we could have given the accused one chance - one
single chance - to ask the government why they are being held and what they are being charged with.
But politics won today. Politics won. The Administration got its vote, and now it will have its victory lap, and
now they will be able to go out on the campaign trail and tell the American people that they were the ones who
were tough on the terrorists.
And yet, we have a bill that gives the terrorist mastermind of 9/11 his day in court, but not the innocent people
we may have accidentally rounded up and mistaken for terrorists - people who may stay in prison for the rest
of their lives.
And yet, we have a report authored by sixteen of our own government's intelligence agencies, a previous draft
of which described, and I quote, "...actions by the United States government that were determined to have
stoked the jihad movement, like the indefinite detention of prisoners at Guantanamo Bay..."
And yet, we have Al Qaeda and the Taliban regrouping in Afghanistan while we look the other way. We have a
war in Iraq that our own government's intelligence says is serving as Al Qaeda's best recruitment tool. And we
have recommendations from the bipartisan 9/11 commission that we still refuse to implement five years after
the fact.
The problem with this bill is not that it's too tough on terrorists. The problem with this bill is that it's sloppy. And
the reason it's sloppy is because we rushed it to serve political purposes instead of taking the time to do the
job right.
I've heard, for example, the argument that it should be military courts, and not federal judges, who should
make decisions on these detainees. I actually agree with that. The problem is that the structure of the military
proceedings has been poorly thought through. Indeed, the regulations that are supposed to be governing
administrative hearings for these detainees, which should have been issued months ago, still haven't been
issued. Instead, we have rushed through a bill that stands a good chance of being challenged once again in
the Supreme Court.
This is not how a serious Administration would approach the problem of terrorism. I know the President came
here today and was insisting that this is supposed to be our primary concern. He's absolutely right it should be
our primary concern - which is why we should be approaching this with a somberness and seriousness that
this Administration has not displayed with this legislation.
Now, let me be clear - for those who plot terror against the United States, I hope God has mercy on their soul,
because I certainly do not. And for those who our government suspects of terror, I support whatever tools are
necessary to try them and uncover their plot.
But we also know that some have been detained who have no connection to terror whatsoever. We've already
had reports from the CIA and various generals over the last few years saying that many of the detainees at
Guantanamo shouldn't have been there - as one U.S. commander of Guantanamo told the Wall Street Journal,