Here is why:
Obama signed an Executive Order to close the detention facility at GITMO. The problems that this creates (that it sadly seems Obama failed to consider) are numerous.
Aside from the slightly humorous title of "Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of the Detention Facilities" which makes you wonder how on Earth "disposition" is going to translate into Arabic, there is a major problem with the CIPA Rules.
Under the US Constitution, which will apply once we bring detainees onto US soil for trial ensures that you have the right to face your accuser. (6th Amendment) Given the sensitive nature of these cases, as well as the classified material that will be involved, CIPA rules would also apply. Basically, under CIPA, if the government has classified information they want to use, they have to make it available to the defense, or they will not be able to use.
Sounds reasonable right? Think again.
What is happening now (and will most likely increase) is that these terrorists are simply dismissing their lawyers and then demanding to see the information that the government has against them. Under US law, we can either:
1) give classified intelligence to terrorists
2) not use it, and most likely lose the case.
Given that our intelligence gathering is hard enough, and sources are very hard to come by, giving them up by handing over this information in the name of a fair trail is ridiculous.
So well done Mr. President. You have you put this country in the delicate position of having to choose between handing over classified material to terrorists (thus ensuring that intelligence sources are eliminated) or being forced to let people go free (that we have evidence against proving otherwise).
For the editorial this was summarized from, please go here.
Obama signed an Executive Order to close the detention facility at GITMO. The problems that this creates (that it sadly seems Obama failed to consider) are numerous.
Aside from the slightly humorous title of "Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of the Detention Facilities" which makes you wonder how on Earth "disposition" is going to translate into Arabic, there is a major problem with the CIPA Rules.
Under the US Constitution, which will apply once we bring detainees onto US soil for trial ensures that you have the right to face your accuser. (6th Amendment) Given the sensitive nature of these cases, as well as the classified material that will be involved, CIPA rules would also apply. Basically, under CIPA, if the government has classified information they want to use, they have to make it available to the defense, or they will not be able to use.
Sounds reasonable right? Think again.
What is happening now (and will most likely increase) is that these terrorists are simply dismissing their lawyers and then demanding to see the information that the government has against them. Under US law, we can either:
1) give classified intelligence to terrorists
2) not use it, and most likely lose the case.
Given that our intelligence gathering is hard enough, and sources are very hard to come by, giving them up by handing over this information in the name of a fair trail is ridiculous.
So well done Mr. President. You have you put this country in the delicate position of having to choose between handing over classified material to terrorists (thus ensuring that intelligence sources are eliminated) or being forced to let people go free (that we have evidence against proving otherwise).
For the editorial this was summarized from, please go here.