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Gitmo’s Got to Go… but where?

In the face of growing national discontent and an increasingly-complicated legal situation, both Senators Barack Obama and John McCain have called for the closing of the United States detention facility at Guantanamo Bay, Cuba. McCain has suggested moving at least some of the alleged terrorist detainees to Fort Leavenworth. (We need to say ‘alleged’ until we find a way to give these people some kind of a trial or military tribunal that passes constitutional muster.) As pointed out to us by Ed Morrissey at Hot Air today, the two Senators from Kansas are giving this plan the big thumbs down.

Not all prisons are created equal,” Brownback and Roberts wrote in their appeal. The prison facility at Fort Leavenworth “is not equipped to perform this mission.”

Members of Congress from both parties have long suggested Fort Leavenworth as an alternative to the sprawling prison camp compound in Guantanamo, which today holds 270 war-on-terror captives.

What are the chief complaints regarding such a transfer? Ed points to issues on several fronts.

Leavenworth houses those convicted of serious crimes while in uniform, but these prisoners are not considered national-security risks. The prison has the normal maximum-security safeguards against escape and breakout, but not against the kind of terrorist risk the detainees pose. Leavenworth also doesn’t have the room nor the extra personnel needed to secure the terrorists. The commander also objects to keeping foreign terrorists in close proximity to the American military prisoners already housed there.

Another consideration is medical care. Leavenworth usually transports its prisoners to the hospital in the city, as it lacks medical facilities on the base. Do we want terrorists to get carted out of prison and through American cities to get CAT scans? The potential for escape or sabotage should keep Leavenworth off the list entirely.

As the linked column points out, more (and perhaps sufficient) security could be found, for example, at the Supermax facility in Colorado. But that’s a prison, and you can’t put people in there unless they’ve actually been convicted of a crime. Our “guests” at Gitmo have, for the most part, not even been charged with anything, to say nothing of convicted. They remain in a legal black hole of our own making because of our insistence on following this course of naming them “enemy combatants” rather than either criminals or prisoners of war. The endless court battles which have played out continue to demonstrate that we didn’t think this strategy through from the beginning and now it’s simply falling apart.

But Ed is still asking a very valid question… if we’re going to close Gitmo down, what to do with them? Improve Leavenworth to minimize the risks of holding them there? Release them to possibly return to the fields of battle and attack us? Ship them off to “black site” facilities in other nations, making them “somebody else’s problem” for now? Or do we consider the most horrifying prospect of all – actually charging them with something, giving them a day in some form of court and punishing them if they are really guilty? Crazy talk, I know, but still…

  • kritt11
    IMO, the criminal justice process has become so tainted and politicized that there's no way that these "enemy combatants" or whatever we choose to call them will ever receive a fair hearing in our court system. Some may truly be dangerous terrorists, others may have been sold out by rival sects,others still were in the wrong place at the wrong time. It is a sad reflection of how low US standards have sunk---at a time when the whole world is watching.
  • DLS
    Revive Alcatraz?
  • StockBoySF
    I agree with kritt11. And it's another example of Bush's mismanagement. I don't know what evidence that the Bush administration has against those who are true terrorists- but my feeling is that the gathering of evidence has been shoddy and those who are terrorists (and deserve to be locked up) will actually go free. I think the Bush administration just wanted to lock 'em up and throw away the key without doing any of the hard work to actually build a case against them.

    Bush's attitude of "I'm above the law, I can lock up anyone I want without evidence and if you don't like it, then tough" is how banana republics are run.
  • Excerpt from Obsidian Wings:
    ... it's not enough to say: if we let people go, they might kill Americans. That's what I call "cost analysis": asking whether some alternative has costs, and if it does, deciding that we can't possibly adopt it, without asking whether it has benefits as well, and whether any proposed alternative is better. Of course requiring that the government be able to make a case against people it throws in jail has costs.

    But those costs are exactly the same in the rest of the law. And it would amaze me if the number of Americans who were killed during the last decade as a result of our letting people accused of homicide go free did not exceed the number killed on 9/11. Should we conclude from this fact that we should stop asking the government to prove its case against suspected murderers?

    http://obsidianwings.blogs.com/obsidian_wings/2...
  • SteveK
    Gitmo’s Got to Go… but where?

    Might I recommend, after proper trials (or return to their homes if the 'evidence' has gone missing) for the accused a slow cruise down the "River Styx"?

    I'm pretty sure there will be room for ALL the perpetrators of GITMO on this boat.
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