Imprison them for 20 years without even charging them - then send them home.

I don’t think that’s what Dale Carnegie had in mind.

https://www.bbc.com/news/world-us-canada-64762215

What should we have done with them?

What about the Sixth Amendment in your Constitution?

What would I have done? I’d have charged them if I had evidence of unlawful conduct, ensured that they had appropriate lawyers, and tried them in accordance with international law - to which the U.S. is signatory.

Remember that old “Do unto others” stuff? It works both ways. You’ve forfeited the right to expect better from your adversaries.

What is really “funny” is before I started Law School the S. Ct. held the US had de facto sovereignty at Guantanamo Bay. Thus, the protections of the Bill of Rights including Habeas and Trial were guaranteed.

One can argue if that decision was right or correct (two different things). Yet, it was the constitutional mandate of the S. Ct.

I figure they are being released bc trial is not practical. Kind of informal time served.

If they were terrorists to start with, then ------?

Did not matter. Here are the cases

Rasul v Bush
https://www.oyez.org/cases/2003/03-334
Right to Habeas

Hamdan v Rumsfeld
https://www.oyez.org/cases/2005/05-184
Military Tribunals not appropriate because Congress only granted authority to try based on the
Uniform Code of Military Justice and the law of war. Because Hamdan’s trial had violated the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions, it, therefore, exceeded the President’s authority and was illegal.

Trials would have to comply w the UCMJ and Geneva Conventions the US is part of.

Didn't Obama try to address that correctly?

And the REAL TERRORISTS, Bush 2, Cheney, Teflon Tony, are getting richer by the minute!

quote:

Originally posted by Saeed:
And the REAL TERRORISTS, Bush 2, Cheney, Teflon Tony, are getting richer by the minute!

I could have sworn OBL,Al Zawahiri, Mullah Omar, Al Baghdadi, Mohammed Atta, Abu Nidal, etc, etc were real terrorists and amazingly enough, practitioners of the peaceful religion of Islam. Of course, they’re not getting richer, only deader….

quote:

Originally posted by Magine Enigam:
Didn't Obama try to address that correctly?

President Obama did begin using civil courts for some prosecutions. President Trump moved away from that to military commissions.

Obviously, neither processed all we were detaining.

President Obama also used military commissions subject to the S. Ct. dictates.
https://www.hrw.org/guantanamo-trials

quote:

Originally posted by Tumbleweed:
What about the Sixth Amendment in your Constitution?

What would I have done? I’d have charged them if I had evidence of unlawful conduct, ensured that they had appropriate lawyers, and tried them in accordance with international law - to which the U.S. is signatory.

Remember that old “Do unto others” stuff? It works both ways. You’ve forfeited the right to expect better from your adversaries.

Regardless any courts decision, non citizen Islamic terrorists should be held for the useful purpose they provide and then shot, by ourselves or other I don't care.

I don't see the sense of providing any American rights to non Americans and when at war,......exterminate the enemy.

Guantanamo Bay was crazy stupid. Bring terrorists to "domestic shores" to be treated as foreign entities. They should have been all flown to Chechnya or Somalia for treatment.

quote:

Originally posted by Tumbleweed:
What about the Sixth Amendment in your Constitution?

What would I have done? I’d have charged them if I had evidence of unlawful conduct, ensured that they had appropriate lawyers, and tried them in accordance with international law - to which the U.S. is signatory.

Remember that old “Do unto others” stuff? It works both ways. You’ve forfeited the right to expect better from your adversaries.

I see your point. And my question above was not in jest as I am unsure of the correct answer.

But I will say this: Thinking our enemy (radical Islam, Russia, China, NK etc) will treat us nice if captured for any reason is a pipe dream. They won’t. And I will leave with saying I bet those guys were well cared for while incarcerated.

Your society coddles proven murderers for years, so lawyers can get rich.

You argue non stop about what poisons to use to kill them.

Instead of using proven chemicals vets use every day!

Clueless comes to mind!

quote:

Originally posted by Saeed:
Your society coddles proven murderers for years, so lawyers can get rich.

You argue non stop about what poisons to use to kill them.

Instead of using proven chemicals vets use every day!

Clueless comes to mind!

Well, I will admit that Governments in your part of the world seem to excel at killing any opposition voices.

Barbaric and lacking any interest in basic human rights comes to mind!

Works well for the local Royalty though

quote:

Originally posted by skb:

quote:

Originally posted by Saeed:
Your society coddles proven murderers for years, so lawyers can get rich.

You argue non stop about what poisons to use to kill them.

Instead of using proven chemicals vets use every day!

Clueless comes to mind!

Well, I will admit that Governments in your part of the world seem to excel at killing any opposition voices.

Barbaric and lacking any interest in basic human rights comes to mind!

Works well for the local Royalty though

For justice, I will take our system over yours any day!

quote:

Originally posted by Saeed:

quote:

Originally posted by skb:

quote:

Originally posted by Saeed:
Your society coddles proven murderers for years, so lawyers can get rich.

You argue non stop about what poisons to use to kill them.

Instead of using proven chemicals vets use every day!

Clueless comes to mind!

Well, I will admit that Governments in your part of the world seem to excel at killing any opposition voices.

Barbaric and lacking any interest in basic human rights comes to mind!

Works well for the local Royalty though

For justice, I will take our system over yours any day!

I don't blame you, your family will be sure you are protected.

quote:

Originally posted by Scott King:

quote:

Originally posted by Tumbleweed:
What about the Sixth Amendment in your Constitution?

What would I have done? I’d have charged them if I had evidence of unlawful conduct, ensured that they had appropriate lawyers, and tried them in accordance with international law - to which the U.S. is signatory.

Remember that old “Do unto others” stuff? It works both ways. You’ve forfeited the right to expect better from your adversaries.

Regardless any courts decision, non citizen Islamic terrorists should be held for the useful purpose they provide and then shot, by ourselves or other I don't care.

I don't see the sense of providing any American rights to non Americans and when at war,......exterminate the enemy.

Guantanamo Bay was crazy stupid. Bring terrorists to "domestic shores" to be treated as foreign entities. They should have been all flown to Chechnya or Somalia for treatment.

Well, we do not get to disregard those Court cases as that is the definition of the rule of law.

Congress to its credit did through legislation codify those rulings to conform military commissions to the S. Cr. dictates.

If you kept them in Iraq, you were going to have the same problem being de facto sovereignty. The cases explain why.

Now, anyone is free to debate if those cases were right or correct. However, a case can be decided correctly based on precedent and not conform to one’s opinion of right. As one’s opinion of a right decision can be incorrect based on precedent.

What would I have done with them?

About what President Obama and President Bush done in the face of those decisions.

Oh, one of the restrictions required by Congress and S. Ct. was no evidence obtained through torture was admissible. Thus, we see these folks just being released. Most would not get any more time if convicted them what they have already been detained.

Thus…it seems we did the best could have with them.

Well, we could have processed their cases quicker pursuant to Congress and the S. Ct., approved procedure.

Or, Congress could have passed life in prison sentencing mandates for the crimes accused. We still have the problem of obtaining convictions once the evidence derived from torture was surprised.

As to the OP, I rather doubt they “became” terrorists at Guantanamo.

They already were.

Whether our legal system would do anything about it is different.

I would think unlawful enemy combatants would be pretty easy to prove.

Most were not convicted or had convictions withdrawn.

Why? The torture aspect was a huge hurdle.

Here is the list of resolutions from 2018.

At the time it was complied 40 remain in custody.

https://www.hrw.org/guantanamo-trials

As of 2023 only 32 remained in custody.

Read the cases I posted earlier. Not as easy as you imply.


https://www.nytimes.com/intera...o-bay-detainees.html

Do you think playing out the clock and holding them in spite of a format laid out by the Courts and Congress when trial was not foreseeably successful due to torture made it more likely others in the Middle East would people be radicalized? I do.

Also, we know Military line commanders could not just summarily execute terrorist fighting in country. We know this because those who did were correctly convicted in military UCMJ trials, and had to be Pardoned by President Trump. So, your classification does not strip them of legal protections imposed by the Bill of Rights/Constitution were the US has de facto sovereignty or international law the US agreed to.

Data extracted from torture may have been more important in the moment, than being able to secure convictions later.

I oppose the U.S. use of torture.

quote:

Originally posted by skb:

quote:

Originally posted by Saeed:
Your society coddles proven murderers for years, so lawyers can get rich.

You argue non stop about what poisons to use to kill them.

Instead of using proven chemicals vets use every day!

Clueless comes to mind!

Well, I will admit that Governments in your part of the world seem to excel at killing any opposition voices.

Barbaric and lacking any interest in basic human rights comes to mind!

Works well for the local Royalty though

As long as your are one of the 10% of people in the UAE who are citizens, life is good. The other 90%, maybe not so much. Especially the worker bees whose passports are confiscated by their employers. I’m sure the headsman’s sword is not a barbaric method of execution, though…