Honest question... If they're taken alive will they be held in Gitmo?

[aaaaaa5a]

Didn't the GOP say its not safe to harbor terrorists in this country? I assume they would NEVER be tried in Massachusetts too? Afterall the state is not equipped for a fair trail like that.


Just wondering?

[elleng]

1. Delicate issue for POTUS.

Could treat it as 'crime' > civilian criminal courts; treat it as 'terrorism,'

Watch words administration uses discussing the matter.

[alc]

2. no. much different from gitmo terrorists

It's not a simple matter of terrorist==>gitmo. It's a matter of not setting horrible precedence in our civilian courts.

Civilian law enforcement (fbi, police) has been on this from the start. They've certainly documented evidence, managed chain-of-custody of evidence, and everything else that is needed to get a conviction in civilian court. They also (probably) haven't used too many methods that they want to keep secret or that are a violation of rights.

Most of the gitmo detainees have cases against them that would not hold up in civilian court. A lot of hearsay. A lot of information about them was collected by methods not allowed by our laws (but ok in a warzone). A lot of information wouldn't hold up because the prosecutor can't reveal the secret methods or sources (i.e. can we listen in on encrypted phone calls when we swore to the european courts a few years ago that we can't) . A lot of physical evidence that doesn't have the necessary chain-of-custody documentation (kind of hard on a battlefield/warzone). The government would almost certainly shop around for a judge who may be willing to "bend the rules" a little for some of these guys and that would be a horrible precedence. Unfortunately there is no case against many detainees other than "we screwed up but can't can't take the chance of releasing you after this". But the only real choices are to free them or have a mockery of a civilian trial and convict them or have a legit civilian trial then free them.

[aaaaaa5a]

3. My understanding is that most of the people in Gitmo are

Innocent. They are. Being held for no legal reason but because of politics.