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Detainees, Once Acquitted, May Still Die at Gitmo

Like Bush, Obama administration argues for indefinite detention

By Jason Farago,  Newser Staff

Posted Jul 8, 2009 6:18 AM CDT

(Newser) – Detainees held at Guantanamo Bay and other military prisons may not be freed even if a US commission acquits them of all charges, an Obama administration official testified yesterday. The Defense Department rep told a Senate committee that detainees would be assessed on an individual basis and that prisoners might receive "some form of periodic review," reports the Wall Street Journal.

As with the Bush administration, Obama's team insists that laws of war allow the US to detain foreigners in perpetuity and to try them in military commissions rather than civilian courts. Sen. Lindsey Graham, a leading Republican, said he agreed that even if detainees were found not guilty of all charges, "some of them may in fact die in jail." But one Democrat warned that military commissions "aren't a fair trial, that's a show trial."

A courtroom drawing of the trial of Khalid Sheikh Mohammed, third from left, in Camp Justice on the US Naval Base in Guantanamo Bay, Cuba.
A courtroom drawing of the trial of Khalid Sheikh Mohammed, third from left, in Camp Justice on the US Naval Base in Guantanamo Bay, Cuba.   (AP Photo/Janet Hamlin,Pool)
The United States Penitentiary in Marion, Ill., which may hold Guantanamo detainees in future.
The United States Penitentiary in Marion, Ill., which may hold Guantanamo detainees in future.   (AP Photo/The Southern, Chuck Novara)
Guantanamo detainees jog at dusk inside the exercise yard at Camp 4 detention facility at Guantanamo Bay, Cuba.
Guantanamo detainees jog at dusk inside the exercise yard at Camp 4 detention facility at Guantanamo Bay, Cuba.   (AP Photo/Brennan Linsley, File)
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COMMENTS
Showing 3 of 14 comments
armywife
Jul 9, 2009 5:12 AM CDT
color me another liberal disappointed in some of obama's actions (or inactions), such as Gitmo and the dont ask dont tell policy. however, that said, obama is faced with having to "fix" damn near everything, and it cant all be done at once. he might could throw his weight around with executive orders and the like (as Bush did), but i'd rather have things fixed right the first time, even if it takes a while, than for things to be done rashly or in a manner that will cause them just to fall apart further down the road. america is a country that loves our quick fixes, or band-aid solutions, but many of these issues are complex and some measure of deliberation is a good thing. i'm willing to give him his full term, which seems only fair given the scope of the work cut out for him.
ClingingToHope
Jul 8, 2009 12:52 PM CDT
How about all of those democrat senators and congressmen who voted in favor of intervention in Iraq. Are they not responsible in some way, too?
2-bits
Jul 8, 2009 12:15 PM CDT
This is a tremendous moral failure. Obama may not be able to find a place for all these guys, but that doesn't mean that he should trumpet the fact that he can hold them indefinitely.

More Newser Stories

Obama Resurrects Gitmo Military Trials

White House to Authorize Indefinite Detention

Obama Legal Team Can't Decide on Detention Rules

Emanuel, Graham Hammering Gitmo Deal

Lawyers for Yemeni Detainees at Gitmo Doubt Release


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