We Pay Congress to Think; Be Nice if They Would

A judge threw out the case against a Gitmo detainee because even though the government showed he was an enemy combatant, it did not show he was an unlawful enemy combatant, a stipulation Congress made when the Supreme Court ruled Congress had to authorize the military tribunals. This ruling means the US will have to go back and show this guy was unlawful or many of the cases at Gitmo could be thrown out.

I think they should ask the guy for his Geneva Conventions ID card, a copy of his enlistment papers, and his birth certificate to see if he is from the country he was fighting in. If all three of these items are not present he is unlawful. Hell, without a Geneva Conventions ID he could be considered a spy. This judge was ruling based on the stupidity of Congress but the Defense attorney made a statement that shows he does not want to have longer military career.

The chief military defense lawyer here, Col. Dwight Sullivan of the Marines, said he viewed the decision as having broad impact, because it underscored what he and other critics have described as a commission process that lacks international legitimacy and legal authority.

“How much more evidence do we need that the military commission process doesn’t work?” Colonel Sullivan said. NYT

What would you have us do Colonel? Perhaps it would be easier on all of us if our soldiers just shot and killed these animals instead of capturing them. It gets tiresome to find these animals being released only to turn back up on a battlefield where real soldiers have to fight. How about if one of these guys goes back and kills any of our troops they hang you for it? Perhaps we can let a few of them go and maybe they can blow up your house on the next terror plot.

The system will work if jackass defense attorneys quit playing games with the system and if Congress would quit being stupid. But I am willing to just call them lawful enemy combatants and therefore Prisoners of War who will be released when the war is over, end of story. There are no trials for POWs, they are held until repatriated and since this war is likely to last a long time, they can rot in jail. Better yet, we can move them to POW camps in countries that do not like them and who are less sympathetic (and less humane) than Americans.

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