Update: Habeas Rights Pointless for Guantanamo 5
Thu Jun 12, 2008 at 08:09:56 AM PDT
Today the Supreme Court dealt a blow to the Bush Administration's imprisonment of terror suspects without charges.
This is certainly welcome news to the hundreds of Guantanamo prisoners who wish to fight their detainment.
But there is one important point about the ruling that should not be overlooked:
It requires a detainee to want to fight their detention.
Last week, an arraignment of 5 "High-Value" detainees charged with planning 9/11 attacks, including Khalid Sheik Mohammed, was held. During the proceedings, the detainees made it clear that they did not want defense lawyers.
Indeed, KSM voiced a desire to be "Martyred", to end his captivity. He made a point of denying the legitimacy of the US constitution (Because it does not explicitly prohibit homosexuality). The Judge granted self-representation for 3 of the 5 detainees. When lawyers assigned to represent 2 detainees protested self-representation, KSM made threatening comments to one of the 2 detainees, presumably to "encourage him" to get rid of his lawyers.
The important facts here are that:
- All 5 detainees seem to want to be put to death, and the judge has facilitated this wish for 3 of them.
- The Prosecution at the Bush Administration urging, has scheduled trials to begin September 15, 2008. This is 4 days after the 9/11 anniversary and 6 weeks before the general election. It is fairly obvious that they want the trials to proceed for political reasons.
The Question to Ask
The Big Question we need to know now is whether the trials of the 5 alleged 9/11 collaborators will continue forward? The detainees and the Bush Administration seem to be desirous of the same goal. We should find out soon. The Supreme Court decision in Boumediene is certainly important for the captives at Guantanamo- We shall see if it makes an impact on the trials and convictions of the Guantanamo 5.
My Prediction
Knowing this Administration, my guess is that the trials of KSM and the other two detainees allowed to reject lawyers (Waleed Bin Attash and Ammar al Baluchi) will move forward- They need their show trial as an attempt to resuscitate their miserable record in the "War on Terror", and to inject terrorism into the fall elections.
Update
The show trials go on.