Reading the Padilla article brought me to searching the net for more on the Detainees' Appeal to repeal the Detainee Treatment act.
Here is the interesting article about the rights of the detainees in Gitmo as they currently stand. It seems the detainees suddenly really like the western world, they embrace the constitution and all of its intricacies, claiming they have a right to Habeas Corpus. How can someone go from working to topple the government of the US and then whole heartedly expect that the US would give them any rights let alone the same rights as a citizen.
The founding fathers had a clear understanding that treason would be treated as a death penalty offense and in regards to those who participated in British attacks on Americans, or were caught sharing intel with the British would be killed with a simple trial requiring that the evidence be presented and judgment passed. I do think the trials are taking longer than necessary to complete, but the persons still being held are the ones which a legitimate threat has been found, not the other 4000 we have released without harm.
I am obviously a constructionist in this matter but when dealing with traitors why should we grant them the rights they so willingly gave up when plotting attacks against us? Doesn't being a citizen come with any special rights? (ie bill of rights, for the people of the US, not the people against it)
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2 comments:
You make some good points about habeas corpus. The question is whether this is a right for only citizens of the U.S., or if it is a natural right we should grant to everyone. In this case I agree that the terrorists should not enjoy the liberties granted from habeas corpus. They are prisoners of war that are not citizens of the U.S. and are not entitled to many of the privileges that citizens have.
While foreign terrorists may be considered prisoners of war an interesting thing to note is the concern over "homegrown" terrorism. There is a bill which has been presented in the house in April this last year. You can review the bill text for the Homegrown Terrorism Prevention Act which is not too long.
The threat from without is causing concern, but apparently so is the threat within. I am not sure how best to handle cases of this sort in which the perpetrators are citizens from the Unite States--considering their constitutional rights as citizens.
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