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View Diary: Top Bush Official: US Tortured (198 comments)

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  •  I assume that in the regular legal system (0+ / 0-)

    if there's no admissible evidence, the case is dismissed and the accused released forthwith. It bothers me that there are discussions at the highest level about coming up with ways to hold such people anyway, indefinitely, prophylactically and preemptively. It would, in effect, be a way of legalizing dictatorial powers. Which couldn't possibly be constitutional, so I imagine that any such laws or claims would eventually be rejected by SCOTUS--even this SCOTUS. Unless war was declared and they were declared to be POWs. But congress did not and will not declare war. So I can't see how they make this constitutional. They're going to have to be released eventually, if not tried and found guilty. Which this admission appears to make much harder now.

    The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

    by kovie on Wed Jan 14, 2009 at 05:04:14 AM PST

    [ Parent ]

    •  Exactly. (0+ / 0-)

      "Unless war was declared and they were declared to be POWs."

      War was not declared by Congress. Any illegal policies purported to be authorized by a "Global War on Terror" created by the imaginary powers of the Bush Administration are just that - illegal. Any use of war powers, including holding of POWs, beyond 90 days is unconstitutional. Bottom line: criminals who can’t be charged with a crime have to be released. Anything else is a violation of Habeus Corpus.

      We need to think of this problem from the point of view of the dangers to the citizens of our nation and to our own soldiers overseas. Suppose a nation, or nations, without declaring war on the US, captured our soldiers, held them prisoner, tortured them, and them claimed they could not be released because they are POWs. Don't suppose. North Korea and (less well known) Red China did this extensively during and after the Korean Conflict. How positively do we view these regimes? How well do we relate to them today?

      If a nation and its citizens and soldiers want to be treated by other nations and people in a civil, predictable, and lawful manner, we have to treat others similarly. Otherwise, there should be no surprise if others behave as savages.

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