Where did I state anything like that? You don't think that the detainees aka prisoners in Gitmo deserve due process and to be put on trial and sentenced if they are found guilty or freed if they are found not guilty?
NO, they are prisoners of war. The war is still going on. They should not be released until the radical muslims are defeated or surrender.
"due process" are you a fricken moron. Did Danny Pearl get "due process"? how about the 3000 innocents killed on 9/11? Did they get due process?
you libtards live in a fantasy world.
A "tard" calling me a "tard"! Thanks for the laugh!
"On 5 December 2007, the U.S. Supreme Court heard oral arguments on the case of Boumediene v. Bush. Plaintiffs in the case argue that Guantánamo detainees deserve the right to habeas corpus and that the U.S. court system, not the military CSRT system, should have jurisdiction in such cases.
On 12 June 2008, the Supreme Court ruled in Boumediene v. Bush (2008) that detainees do have the right to challenge their detention in civilian courts, overturning the Military Commissions Act of 2006, which abridged such rights.[175] It said the act was unconstitutional for trying to restrict use of habeas corpus.
Starting
16 November 2009, as enabled by the Supreme Court ruling in Boumediene, dozens of detainees began to use habeas corpus petitions in U.S. courts to seek freedom from the Guantánamo Bay prison. In some cases, they testified by video from the U.S. naval base in Cuba. Fifteen Federal judges have found the government's evidence against 30 detainees wanting and ordered their release. That number was expected to rise as the judges were scheduled to hear challenges from dozens more prisoners.[176][dated info]
In the summer of 2012, the government instituted a new protocol for civilian attorneys representing Guantanamo prisoners. It required lawyers to sign a Memorandum of Understanding, in which they agreed to certain restrictions, in order to continue to see their clients.[177] For years, a federal court order has governed lawyers' access to their detainee clients and classified information related to their capture and confinement. Government lawyers had sought court approval to replace the court's protective order with the MOU, to enable military officials to establish and enforce their own rules about when and how detainees could have access to legal counsel.[178]
Under the rules of the MOU, lawyers' access was restricted for those detainees who no longer have legal challenges pending. The new government rules tightened access to classified information and gave the commander of the Guantanamo Bay Joint Task Force complete discretion over lawyers' access to the detainees, including visits to the base and letters. The Justice Department took the position that Guantanamo Bay detainees whose legal challenges have been dismissed do not need the same level of access to counsel as detainees who are still fighting in court.[177]
Six detainees challenged the Memorandum of Understanding (MOU) requirement, which covers those who no longer have an active or pending habeas petitions.[179]
On 5 September 2012, Chief U.S. District Judge Royce C. Lamberth said the government has no right to deny counsel access to detainees. Writing that the federal government is confusing "the roles of the jailer and the judiciary," Judge Lamberth struck down the military's assertion that it could veto meetings between lawyers and detainees.[177][180] Judge Lamberth ruled that access by lawyers to their detainee-clients at Guantánamo must continue under the terms of a long-standing protective order issued by federal judges in Washington.[178]
The judge said that the MOU would give the government
"final, unreviewable power to delay, hinder, or prevent access to the courts."[178] He went on, "The government actions thus far demonstrate that it cannot be trusted with such power."[178] The MOU, Lamberth noted, strips counsel of their "need to know" designations, and explicitly denies counsel access to all classified documents or information which counsel had "previously obtained or created" in pursuit of a detainee's habeas petition.
Counsel can obtain access to their own classified work product only if they can justify their need for such information.
Lamberth wrote,
"At its heart, this case is about whether the Executive or the Court is charged with protecting habeas petitioners' right to access their counsel."[179] Further, "It is clear that the government had no legal authority to unilaterally impose a counsel-access regime, let alone one that would render detainees' access to counsel illusory," Lamberth declared.[179]
Lamberth concluded:
If the separation-of-powers means anything, it is that this country is not one ruled by Executive fiat. Such blanket, unreviewable power over counsel-access by the Executive does not comport with our constitutional system of government. Therefore, it is the opinion of this
Court that the Protective Order continues to govern detainee-counsel access for the purpose of bringing habeas petitions so long as detainees can bring habeas petitions before the Court.[181]
Judge Lamberth said the government has the right to run the facility at Guantanamo, but that the courts have authority to make sure prisoners have access to the courts, and that cannot happen unless they have access to their lawyers.[177] Justice Department spokesman Dean Boyd said: "We have no comment on whether the Department plans to appeal the Lamberth decision on counsel access to GTMO detainees."
" The primary purpose of drafting the Constitution was to limit government power.
The Due Process guarantees found in the Bill of Rights were meant to empower individuals against arbitrary government action. This is a bedrock principle of American jurisprudence and is being completely ignored as a policy concern in relation to Guantanamo detainees.
Ironically strong notions of Due Process are embedded in the current version of the Rules for Military Commissions (R.C.M.). Pursuant to R.M.C. 707, "within 120 days of the service of charges, the military judge shall announce the assembly of the military commission, in accordance with R.M.C. 911." This is being completely ignored.
"The U.S. Supreme Court recently cited Army Regulation 190-8 as an example of a procedure which would satisfy the due process requirements for determining the status of the Guantanamo Bay detainees."
The Many Faces of Guantanamo ? LewRockwell.com