Comment

9/11 Family Member Appalled at Obama's Gitmo Closing

431
Catttt1/26/2009 7:26:30 pm PST

re: #383 brookly red

OK fair enuff, I want the military to deal with matters of war, not political types. Clear enuff?

No. Barely understandable, and most unclear.

Do you think the detainees should have been held as combatants? Under the Geneva Convention rules? Because they were being held as illegal combatants, with no Geneva Convention protection, yet were being tried under the Military Commission Act, which was declared unconstitutional by the SCOTUS. So the law that was written - which placed their legal status outside of both our extant civil and criminal law AND military law, is unconstitutional. The way they were being tried cannot be continued under an unconstitutional law.

I am not clear on what they are going to do with these guys, where they will be housed, or how they will be tried/whatever at this point, but the military trials simply could not stand, after the SCOTUS decision, without further legal ramifications by the executive and legislative branch. Obviously, President O will not be pursuing that. Therefore, it was imho logical to suspend the trials, as President O did.

So - what military justice are you seeking? New law? Not going to happen. As combatants? Then they should have been treated as such from the get-go.