werepossum
Elite Member
- Jul 10, 2006
- 29,873
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Dunno, why did Bush try about 190 terrorist cases in civilian court? And why I am hearing these sorts of questions being asked for the first time since Obama came into office?
- wolf
If they are American citizens and not in the military, then they have to civilian trials. If they are not American citizens, they may be given civilian trials if it's not clear they are affiliated with a larger terrorist group. If they are not American citizens and are clearly or admittedly affiliated with a larger terrorist group, then they should have military tribunals or international tribunals as any other non-lawful combatant such as saboteurs, spies, and assassins. But if Obama must given them all civilian trials, then moving the trials to military bases seems to me to make the most sense. A claim of terrorism does not give the government an automatic right to move a trial out of civilian court, but neither should a person's mere existence grant them full civilian rights.
A bigger question is what happens if they are found not guilty. Obama has stated that these people have a right to a civilian trial. He has also stated that they will not be released no matter what. I can't see a judge agreeing with that logic. In fact to me the worst thing about Obama's push to move their trials to civilian court is the plethora of potential precedents that could affect us all.