What exactly is your argument?
That every swinging dick in the world is subject to the US Constitution and deserves all the protection in provides?
The fact is no matter how these clowns ended up in Gitmo they are there and most of their home nations do not want them back. Most Americans do not want them turned loose on American soil.
You mentioned Yemen will take their terrorist back and they will, if we pay them. Should we pay them to take back their terrorist?
Recidivism rate is almost 30 percent. Does that not worry you? That we will be turning loose those that will seek to kill more of us.
I believe I have seen your argument and it falls flat. You seem to be acting on emotion rather than logic and that is the problem with most liberals.
Luckily you're not discussing this with a liberal then, though I'm sure they resent that charge. Especially when your argument, "Most Americans don't want them in the U.S.," is an emotional argument on its face.
Regardless, no, that is not my argument. My argument is that in all cases the U.S. government is constrained by the Constitution. The U.S. government may not, for example, restrict your right to post on this board. Yet they may also not restrict the right of Meathead, who apparently lives in the Czech Republic, to post on this board.
The U.S. certainly owes restitution to those people it captured and detained for years on end who have committed no wrongdoing. Whether it owes some kind of restitution to Yemen is much less clear. You'd have to take into account the attacks on their sovereignty and so on.
I'm not worried about the recidivism rate of people who have done nothing wrong, frankly. You seem to think I'm advocating the release of prisoners who there is evidence of wrongdoing, and that's simply not the case. I would merely advocate that they receive a proper trial to prove their guilt.
You're not a liberal? oooookkkk
No it's not an emotional argument, it's a fact.
You need to learn the law and how it applies to non-citizens, specifically enemy combatants, especially those not within our borders.
As you may have heard, we are a nation of laws. And according to the Constitution, Section 8 it states: "Congress shall have Power........ To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Take a look at the Supreme Court's decision in Hamdi v. Rumsfeld (2004), the case that involved a U.S. citizen who was an enemy combatant.
The court plainly ruled in that case that U.S. citizens can be held as enemy combatants. The court's four-justice plurality (which included O'Connor, Breyer, Kennedy, and Rehnquist) was unequivocal on this: "There is no bar to this Nation's holding one of its own citizens as an enemy combatant." And while the U.S. cannot hold an American enemy combatant "indefinitely,"
it is a "clearly established principle of the law of war" that detention can last as long at the hostilities do.