In a setback for Guantanamo, court throws out years of rulings in USS Cole case

https://www.washingtonpost.com/world/national-security/in-a-setback-for-guantanamo-court-throws-out-years-of-rulings-in-uss-cole-case/2019/04/16/6c63e052-606b-11e9-bfad-36a7eb36cb60_story.html?utm_term=.618f43c8ba8f

I am VERY, VERY happy to see this development. All rulings and proceedings that occurred after the point that Colonel Spath began seeking employment with the immigration service have been thrown out. Everything from and after November 2015 has been wiped out, over 3 years of proceedings nullified.

Additionally, the defense lawyers who rightfully quit and refused military orders to return have been vindicated by the DC Circuit. The lawyers quit after finding wiretaps and refused to return to a system they knew to be corrupt, even in the face of threatened contempt proceedings and jail.

However, the ruling is FAR more significant, as the Judges have raised the idea of striking down the military commissions entirely as inherently unjust. In their ruling they BLASTED the commissions themselves, the Board of Military Commission Review, the prosecuting attorneys and the judges. ONLY the defense attorneys met with praise for sticking to their guns in the face of threats.

I reiterate my previous views. ABOLISH THE MILITARY COMMISSIONS NOW. Any individuals to be tried should be brought to the United States and tried in an Article III Court. All other individuals should be removed from Guantanamo Bay and either released or held in a prisoner of war camp in an appropriate location.

As President, if Congress refuses to act, I would force the issue by issuing my own ultimatum.

If Congress refuses to repeal the law forbidding transfer of Guantanamo detainees to the United States within 180 days after I took office, I will issue a complete and unconditional pardon to all detainees and release them unconditionally to where ever they wish to go and would follow through on that threat.

Either Congress acts or they all go free unconditionally.

Either way, once all detainees are out of Guantanamo, I would close the facility permanently and return Guantanamo to the sovereignty of Cuba.

I am DONE with Guantanamo Bay. Any strong arm tactic to close it I would endorse.

Love it. Turn 'em loose.

:smile:

I doubt I could win the nomination of either party. Both have substantial “hawkish” wings that would not approve of my views in that area. :slight_smile:

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:smile:

It doesn’t even have to be an “all at once thing.” I could issue one pardon a day, starting with the detainee considered least dangerous and work up to the most dangerous.

I have a feeling that the instant the first prisoner walked out the gate and Congress realized I am not joking or bluffing, the necessary statute would pass both Houses by unanimous consent within hours.

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Given some of the legal wrangling that was done to put some of those people in there in the first place (none of which was Constitutional or legal under International law to begin with) I agree, let them go. Now how do we prevent the next jackass in the White House from making another one?

No, turn 'em loose. They’ve been there long enough.

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You don’t see any value in the base other than as a detention place? The Navy found Guantanamo valuable even before 911.

Or is it one of those 99 year leases that expired after Castro came to power?

We don’t need it as a naval base and we strong armed our way into getting a permanent lease on the base for perpetual chump change.

At the very least, if we want to keep the base for naval use by strong arm force, we should at least offer Cuba the fair market value payment for the yearly lease.

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Thanks for the background.

“We strong armed our way…” is pretty much a description of our history with Latin America since 1846.

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Safiel 2020.

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