Gitmo Detainees not entitled to habeas corpus
Argument for all detainees to be held until the end of hostilities, as per the Geneva Conventions, and then try suspected terrorists of war crimes by military commission as was done in the American Civil War, World War II, and other conflicts as is provided for in the U.S. Constitution and U.S. Military law.
Wednesday, October 6, 2010
Gitmo Detainees not entitled to habeas corpus
In the Civil War, President Abraham Lincoln suspended the writ of habeas corpus, as is provided for in the U.S. Constitution. Lincoln also established military commissions for civilians. Franklin Roosevelt suspended habeas corpus during WW II, and asked the Supreme Court what to do with German spies caught dry-foot on U.S. soil. The Supreme Court reminded the president that we were at war, and the rule of law dictated that enemy combatants be tried by military commission. The spies were tried by military commission, and most were executed for breaking the rules of war. The Obama administration has denied the existence of a war, but my military orders and military awards since 9/11/01 have always mentioned the Global War on Terror (GWOT). We have troops in over 70 countries world wide, CIA operatives in over 90 countries, and Diplomatic Security Service (DSS) agents in over 200 countries, including those we defeated in WW II (Germany, Japan, Italy, et. al.). Are we at war? Well I sure as heck wouldn't call it peace! All detainees can be held legally, by the Law of Land Warfare (Geneva Conventions), "until the end of hostilities," are NOT entitled to habeas corpus, and should be tried by military commission if infractions are suspected.
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