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It is not as white and black as you want to make it appear... evidence rules, jurisdictional issues, political issues etc all play a role in how these detainees are handled. For example, assume we are going to try someone who might have been waterboarded in the past. Since the new administration call that "torture" (as well as other "enhanced interrogation" methods which are not torture) it becomes a felony to have done those, and the whole case is put in jeopardy because of it...Not to mention the political complications/national security concerns for opening that can of worms.It is a bad situation, I think both sides can agree with that, (and both sides have wanted to close GITMO) but at some point we have to accept that the alternative available right now is simply not practical and come up with a different solution.
It is not as white and black as you want to make it appear... evidence rules, jurisdictional issues, political issues etc all play a role in how these detainees are handled.
For example, assume we are going to try someone who might have been waterboarded in the past. Since the new administration call that "torture" (as well as other "enhanced interrogation" methods which are not torture) it becomes a felony to have done those, and the whole case is put in jeopardy because of it...
Not to mention the political complications/national security concerns for opening that can of worms.
It is a bad situation, I think both sides can agree with that, (and both sides have wanted to close GITMO) but at some point we have to accept that the alternative available right now is simply not practical and come up with a different solution.