Thursday, October 9, 2008


Read this sitting down. A US District Court wants to release 17 detainees at Guantanano, who are not Americans, into the United States, because of some supposed right they enjoy under the US Constitution against indefinite detention. The decision is momentarily stayed while the Government appeals.
Given the coming change in administrations, and the views of the incoming President, jihadist prisoners in US hands, who are not actually and currently covered by court orders, should be distributed abroad, to places outside US jurisdiction willing and able to hold them, immediately.
Hat tip: Tigerhawk.


Momkiss said...

OMGoodness, I thought that the report only stated that the judge had the authority, not that he would act on it. At leaset there is a stay.

LFC said...

Is there any evidence that these 17 Uighurs (sorry, maybe misspelled) are in fact jihadists?
What seems indisputable is that their animus is directed mainly vs. China, not the U.S.

El Jefe Maximo said...

I am not so much concerned about the Uighurs per se as I am the tendency of the judiciary to encroach on what should be a narrowly militay matter, a tendency to be no doubt abetted by the incoming administration.

In general, I would be less than candid if I did not add that I find the whole idaa of foreign combattants (dubiously lawful ones at that) being able to claim US constitutional protections -- deeply offensive.

I recognize this possibility has been around since the Supreme Court in Yick Wo v. Hopkins, 118 U.S. 358,6 S. Ct. 1064 (1886) held that non-citizens could claim US consitutional proections. Even assuming the Court is correct that rights conferred by the the constitution should apply to non-citizens, I think these prisoners are more akin to pirates than Chinese immigrant laundry workers, and that they should be treated as such.