Posts tagged ‘Torture’

01/12/2012

Ron Paul: Why Voters Support Him

While the inside the beltway crowd cannot understand why Ron Paul finished a close third in Iowa, and now second in New Hampshire, if they had been listening, they would have heard his anti-war, anti-torture message, his willingness to cut military spending, his pledge to withdraw from Iraq and Afghanistan, his promise to avoid conflict with Iran, his hostility towards corporate welfare, deficit spending, his defense of liberty, and personal freedom, and scorn for wasteful projects, like the war on drugs.

FOREIGN POLICY: Paul clearly receives his popularity from his foreign policy. He said: we need to stop our wars. It angers foreigners when we occupy their lands. We were attacked on 911, he explained, because we had troops in Saudi Arabia. We are disliked because we have done nothing to stop the abuse against the Palestinians. We have 900 bases around the globe in 150 nations. Paul asked why we keep troops in Korea, Japan, or Germany. We have more weapons than all other nations combined–enough to blow up the world 20 to 25 times. He said we have to stop trying to be the policeman of the world.

WAR ON TERROR: He said the war on terror is like the war on drugs. It’s a pretend war. No formal declaration of war was ever made. Terrorism is only a tactic, he said. Others may want to bomb us, because we bomb them, not because of what we believe.

LIBERTY: As to profiling, Paul asked what if a person looked like the white Oklahoma City bomber, Timothy McVeigh? As to the Patriot Act, our Founders warned not to sacrifice liberty for security, Paul said, something our government now does too willingly. We should not give up freedom for a police state.

TORTURE: Paul correctly argued torture is illegal under U.S. and international law. Water-boarding is torture, he said in no uncertain terms. It’s uncivilized and immoral. We should not give up so easily on the rule of law, he said, as he pointed out over 300 terrorists were convicted in civilian courts and sent to prison.

MILITARY BUDGET: Paul said there is a lot of waste in the military and we can no longer afford to be the world’s policeman. Our new embassy in Baghdad alone is costing 1 billion. He courageously said the military budget must be on the table and offered to cut billions from their overseas spending. He accused others of just talking about reducing proposed increases.

FOREIGN AID: Paul would also cut all foreign assistance, including aid for Israel, since the Constitution does not authorize it. We gave military aid to an Egyptian dictator and got nothing.

AFGHANISTAN: He would clearly withdraw from Afghanistan now, and would save billions. He said the U.S. should withdraw from Afghanistan, because that’s where the Soviet Union was brought down. He predicted the same may happen to us.

IRAN: Paul does not pander or say things he thinks the audience wants to hear. He explained Iran wants to build nuclear weapons, because they have well-armed neighbors who already have the bomb, and for them, it is a matter of self-defense. He was not afraid to say Iran is no credible threat to the U.S. He warned the imposition of sanctions against Iran would provoke yet another war. He said it is not worth going to war against Iran to prevent them from gaining nuclear weapons. What is going on right now with Iran is the same propaganda used in the build-up to the Iraq War. He would not support an unprovoked unilateral attack by Israel upon Iran. He asked: why are we flying drones over Iran? While we don’t want to see Iran with nuclear weapons, he said it’s dangerous to declare war on 1.2 billion Muslims.

SYRIA: Paul would stay out of Syria. The Syrians need to deal with Syria, he said. We would only get in trouble if we got involved. We should simply support self-determination.

IRAQ: He would complete the withdrawal from Iraq, reminding us we still have 17,000 contractors on the ground over there.

ISRAEL: Paul asked: why should we commit our kids and our money to endlessly aid Israel?

CORPORATE WELFARE: Paul accused both parties of bailing out big corporations and Wall Street speculators, who ripped off regular people in the derivatives market. He would deny government aid to private enterprise.

HOUSING: Paul said Freddie Mac and Fannie Mae caused overbuilding and distortions, and government needs to get out of housing. Easy credit built too many houses and caused a bubble, he argues, which eventually burst, and now we are going through a correction, that is costing Middle Class people their homes. If money was to be given out, Paul said, it should have gone to those who lost their mortgages, not the banks. He said government sponsored enterprises received excessive credit from the Fed under the Community Reinvestment Act, and the housing debt must now be liquidated, as we are just prolonging the agony.

BUDGET/DEBT: Paul said nobody cares about the national debt, but it is a burden on the economy. Our financial condition is actually the biggest single threat to national security, he said.  Unnecessary wars have added to our deficits, and yet we are not cutting anything; it’s just talk. They only nibble away at baseline budgeting. They get hysterical on the Hill, because their budgets are not going up as rapidly as they want. The budget is out of control, because of earmarks. Paul said he would eliminate five departments and cut 1 billion in spending from the federal budget in his first year.

SOCIAL SECURITY: Paul said the Social Security Trust Fund should not have been used to fight wars.

DRUG WAR: Paul argued the war on drugs is a total failure, which should be handled like alcohol.

THE FED: Paul does not believe the Fed Reserve should set interest rates or decide how much money should be in circulation. He would return the gold standard. He said the Fed set interest rates well below market levels and keeping them low only distorts the economy. He does not believe they stimulate economic activity. He said Greenspan kept them too low for too long. He criticized the ability of banks get loans at zero percent, a practice which cheats the elderly of interest income they could earn from CDs. He was concerned the Fed sent five billion overseas to bail out foreign banks, and wants the Fed audited.

HEALTH CARE: Paul correctly said the insurance and drug companies will love the individual mandate. He wants more market competition in medicine. He supports medical savings accounts and would let people opt out of the health care plan.

 

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12/09/2011

Ron Paul: Still Best Foreign Policy

Since Texas Congressman Ron Paul has by far the best foreign policy of any candidate, including President Obama, as he consistently opposed our military adventurism around the globe, those who agree, regardless of political affiliation, should pull his lever in states with “open primaries,” (where party identification is not required) knowing full well the Democrats will nominate Obama anyway, and even if Paul won the general election, a very unlikely scenario, Congress will block his domestic agenda.

MILITARY: Paul correctly sees our financial condition as the greatest threat to National Security. He rightly pointed out there is a lot of waste in the military budget. We should not have an empire with 900 bases in 150 countries, he argued, adding we would actually be safer if we weren’t in so many places. He asked why we have troops in Korea, Japan, and Germany, 66 years after WWII, and 58 years after the Korean Armistice. It angers foreigners, he said, when we occupy their lands. He asked why we need more weapons than all other nations combined, enough to destroy the world 25 times over. He said America’s wars have cost trillions, and we have to stop spending so much. If budget cuts are going to be made, the military must be on the table.

DECLARATION OF WAR: The Constitution, Paul noted, requires Congress to pass a Declaration of War. Since they have not done it, we are not legally at war. He said our unconstitutional interventions abroad have done nothing but undermine our prosperity, curtail our liberties, and add to budget deficits.

TERRORISM: Paul criticized the so-called “War on Terrorism,” warning against a careless use of the word “war.” We pretend we are at war, he said, but terrorism is nothing but a tactic. He explained we were attacked on 911, because we had troops in Saudi Arabia, and we side with Israel, even when they violate international law. We should negotiate with terrorists, he said, noting even Reagan talked to Iranian militants regarding hostages.

CIVILIAN COURTS: Paul said we should not give up so easily on the rule of law. If the hijackers who committed 911 had lived, they could have been convicted in criminal court. Over 300 individuals charged with terrorism have been convicted in civilian courts. The system has worked, as they have been sent to prison.

TORTURE: Paul correctly pointed out torture is illegal under our laws and international law. He doesn’t attempt to sugar coat water-boarding, by attempting to label it anything but torture. He said its use is an uncivilized violation of the Geneva Conventions.

PATRIOT ACT: Paul reminded us we can have security, without sacrificing rights. Our Founders, he explained, would not have sacrificed liberty. He warned surrendering freedoms may lead to a police state. Timothy McVeigh, the white Oklahoma City bomber, is an example of why profiling will never work, he said.

AFGHANISTAN: Paul favors an immediate withdrawal from Afghanistan, criticizing weaker politicians who duck the issue by deferring to the generals. A withdrawal would save billions. He reminded us the Soviets were brought down by their intervention in Afghanistan, and if we stay, the same will happen to us.

IRAQ: Paul explained it has already cost us 1 billion to build one U.S. Embassy in Baghdad, adding we are wasting money overseas. He would pull our remaining troops out of Iraq, now.

ISRAEL Paul would not support an unprovoked unilateral and illegal attack by Israel upon Iran. He noted Israel has 200 to 300 nuclear missiles, and they can defend themselves. If they want to bomb Iran, it’s their business, and they can suffer the consequences. He asked: why we should endlessly commit our kids and money to support Israel? Paul would cut their aid.

IRAN: Paul explained Iran’s neighbors, such as Israel, Pakistan, and Russia, already have the bomb, and it is only natural that Iran would want to join the club for defensive reasons. He correctly pointed out Iran, half way around the globe, is no threat to the U.S. What is going on right now, he said, is the same type propaganda used in the build-up to the Iraq War. He warned sanctions didn’t work in the past against states like Cuba, and they will only increase the risk of war. It would not be worth it, he said, to go to war to try to stop Iran from getting nuclear weapons.

SYRIA: Paul said the Syrians need to deal with Syria. While it is a tragedy many rebels died, we would only get in trouble if we got involved in their dispute. Just support self-determination, he said.

CUBA: Paul said it is time to end our 50-year old trade embargo against the island-nation, since it never worked against Castro.

WAR ON DRUGS: The war on drugs, Paul argued, has been a total failure. He suggested drugs should be controlled like alcohol.

FOREIGN AID: Paul argues the Constitution does not authorize Congress to provide foreign aid. With regards to military aid, he correctly said we spent billions pumping up dictators, which makes their peoples hostile to us. Paul goes too far when he says all foreign aid is worthless, and when he says all we do is take money from our poor, and give it to the rich in poor countries.

IMMIGRATION: We need to bring our National Guard units home, Paul argued, so they can man our borders. The Texas House member said our government should not provide benefits to illegals. If amnesty is made easy, we will get more illegals.

11/23/2011

Republican Debate Foreign Policy (11-12)

The Republican Presidential candidates debated again on Nov. 12, 2011.

CHINA: Romney said we have something China needs, which is a global market, but they must play by the rules and cannot manipulate currency to cause prices to fall below market levels. He would sue China in the WTO to win the right to selectively impose tariffs. Huntsman said the WTO does not allow us to sue over currency issues, and trade war would only hurt U.S. exports. Perry believes China will end up on the ash heap of history.

EURO: Huntsman warned Europe is second only to Canada as a U.S. export market, and if they go down, it will spread back to us.

RUSSIA: While discussing Iran, Romney sounded like he considered Russia an enemy, as he accused Obama of giving them what they wanted. It was not clear if he knew what he was saying.

ISRAEL: Paranoid Bachmann thinks “the table is being set for a worldwide nuclear war against Israel,” as she baselessly accused Obama of not being willing to stand with them.

FOREIGN POLICY: Ron Paul noted our foreign policy is bad, because we pretend we are at war. We are only at war against a tactic, he said. There is in fact no declared war. Gingrich said our foreign aid should start at zero for each country every year. Egypt should explain why they should receive a penny. He would adopt a strong policy against what he called UN “absurdities.” Perry thinks we are in a real war, and would deal with every country, including Israel, by denying foreign aid if they do not support us.

AFGHANISTAN: Huntsman said there is a lack of security in Afghanistan, but it is time to come home. We achieved our objectives by uprooting the Taliban, dismantling al-Qaeda, and killing Osama bin Laden. Elections were held. The U.S. should not use 100,000 troops to do nation-building there. Romney would not negotiate with the Taliban, because he said we don’t negotiate with terrorists. He claims our commanders in the field do not want our troops withdrawn, but Obama is taking them out early. His timetable is to stay until 2014. Perry said he would complete the mission (whatever that means). He thinks we are making progress, and a timetable to pull out is irresponsible. He said our military is doing the best they can, considering the lack of support from the administration, and the telegraphing to the enemy that we are leaving. Santorum said victory over the Taliban does not mean wiping them out, because we can’t do that. It means neutering them, so they are no longer a security threat. Bachmann said Obama sent a surge of only 30,000, instead of the 40,000 requested, and made a fatal decision to withdraw by Sept. 2012. Gingrich said the Taliban survive, because they have sanctuary in Pakistan. Cain was asked what it is about the situation in Afghanistan that has been going on for 10 years that is so unclear that he cannot answer questions about it. He said victory is not clearly defined. He would define the mission.

PAKISTAN: Romney said Pakistan is a fragile nation which is close to a failed state. He wants to make sure they allow us to go after Taliban and the Haqqani Network. Santorum said we cannot be indecisive about whether Pakistan is a friend, because they have nuclear weapons. He would continue aid for Pakistan, and would work through our difficulties. He would work with the Pakistani military and their intelligence network, because they do not back the Haqqani Network. Gingrich said we do not getting reliable intelligence from Pakistan, and we have to rely on friends. Bachmann said Pakistan is a place where terrorists receive training, but she would not deny aid, because they have nuclear weapons. Cain said he didn’t know if Pakistan was a friend or foe.

IRAN: Ron Paul said it is not worth going to war against Iran to prevent them from gaining nuclear weapons. Intervention would have to go through Congress, because the Commander-in-Chief cannot make that decision. What is going on right now is the same war propaganda used against Iraq. If a Declaration of War is made, you fight to win, and get it over with. Romney would support the Iranian dissidents who took to the streets and would impose sanctions. He said Obama should have made it clear we will take military action to keep Iran from obtaining nuclear weapons. If Obama is re-elected, he predicted Iran will gain nuclear weapon, but if Romney is chosen, they will not. In addition to crippling sanctions, he would encourage regime change, and if that fails, he would use military force. Perry would sanction the Iranian Central Bank and shut down their economy. Santorum said Iran must not get a nuclear weapon. He hopes we have been acting covertly to make sure it does not happen. He wants to work with Israel and let them take out Iran’s nuclear capabilities, like they did in Iraq and Syria. Gingrich would maximize covert operations to block and disrupt the Iranian program. He would take out their scientists. He would coordinate his efforts with Israel. Cain would assist the Iranian opposition who are trying to overthrow the regime. Because Iran uses oil as a weapon, he wants U.S. energy independence. He would put economic pressure on Iran through sanctions. He would deploy ballistic missile defense Aegis warships in the Persian Gulf.

ARAB SPRING: Cain thinks Obama was on the wrong side in nearly every Arab Spring situation. He thinks Obama mishandled the revolutions. Our relationship with Egypt may not survive, because the Muslim Brotherhood may gain control. Obama said the President of Yemen must go, even though he is our friend.

SYRIA: Ron Paul said the Syrians need to deal with Syria. It is a tragedy many died, but we would only get in trouble if we got into it. We should support self-determination. Romney said it is time for the Assad dictatorship to end. We should help with covert activities. He said Syria is an ally of Iran, and we should aid Turkey and Saudi Arabia. Gingrich said it was good the Arab League suspended Syria. The administration dumped Egypt’s Mubarek in a heartbeat, but did not go after Assad. He would take covert action against Assad.

GUANTANAMO AND TORTURE: Ron Paul correctly pointed out torture is illegal under our laws, and international law. He added water-boarding is torture. He said there is no evidence reliable information is gained. It’s uncivilized and immoral, he said.  Huntsman, who lived overseas four times, said we diminish our standing in the world as to liberty, democracy, and human rights, when we torture. Water-boarding is torture, and we should not use it. Perry is for enhanced interrogation techniques, because he thinks we are involved in a war. Santorum would allow enhanced interrogation techniques, because he thinks they are successful in obtaining information. He would keep Guantanamo open. Bachmann would use water-boarding, because she thinks it is useful for gaining information. She made the ridiculous statement Obama is letting the ACLU run the CIA. She claims Obama wants to lose the war on terror, because we now have no place for terrorists. Cain does not agree with torture, but trusts the military leaders to determine what is, and what is not, torture. He called water-boarding an enhanced interrogation technique, but not torture. He would allow the military to use enhanced interrogation techniques, because he thinks anyone picked up must necessarily be a terrorist.

CIVILIAN COURTS: Paul said over 300 individuals charged with terrorism were convicted in civilian courts and most are in prison. We should not give up so easily on the rule of law, he said. Santorum thinks civilian courts are one of the worst ideas he ever heard of, because people there have constitutional rights. People who attacked our country should not enjoy rights, he said. He also said he believes in the Geneva Conventions, but when they don’t play by the rules, they don’t enjoy rights under Geneva.

ASSASSINATION: Romney said it was correct for the President alone to order the death of American citizens suspected of terrorism. He claimed one individual allied himself with a group that declared war on the U.S. and if they bear arms against us, they are fair game. Gingrich said they were more than suspects. They were found guilty of trying to kill Americans, not by a court, but by a panel. He said enemy combatants have no right to go to court. Waging war on the U.S. is outside criminal law. It is correct to kill people who are trying to kill you.

BUDGET: Huntsman said our debt is a national security risk. Greece has a 170% debt to GDP. Italian debt is 120% to GDP. Japan is 100% debt to GDP. Our debt is 70% to GDP and moving up. We need to send Medicaid and Education back to the states. The Ryan plan puts everything on the table, he said. Romney would eliminate programs we cannot afford, such as Obamacare. That would save 95 billion per year. He would eliminate Public Broadcasting, and the Endowment for the Arts. He would re-direct Medicaid to the states. Gingrich wants the unemployed to receive training, so they do not get something for doing nothing.  Bachmann said the debt is out of control since LBJ created the welfare state. She said military expenditures should also be reduced. Instead of a cost plus billing, we need a fixed cost system. We have to modernize military medical costs. Gingrich thinks the Navy is shrinking and would invest in it and rebuild it.

05/10/2011

Torture: What The Law Says About It

The Geneva Convention, relative to the Treatment of Prisoners-of-War, (as amended 1949) was ratified by every member of the UN, including Afghanistan, Iraq, and the U.S. Those who have prisoners must, as a matter of international law, obey it. Since the treaty cannot be described any better than through its own terms, the following is a series of quotes from the Geneva Convention:

HUMANE TREATMENT: “Prisoners-of-war must at all times be humanely treated. Any unlawful act or omission…causing death or seriously endangering the health of a prisoner-of-war, in its custody, is prohibited, and will be regarded as a serious breach.…Prisoners-of-war must at all times be protected particularly against acts of violence” (Art. 13).

NO TORTURE: “No physical or mental torture, nor any other form of coercion, may be inflicted upon prisoners-of-war to secure from them information of any kind” (Art. 17).

INTERROGATION LIMITS: “Every prisoner-of-war, when questioned… is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number (Art. 17). “Prisoners-of-war, who refuse to answer, may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment, of any kind” (Art. 17).

NO DARK CELLS: “Corporal punishments, imprisonment in premises without daylight and in general, any form of torture or cruelty are forbidden.” (Art. 87).

NO CLOSE CONFINES: Prisoners-of-war may not be held in close confinement except…during…circumstances which make such confinement necessary” (Art. 21).

NO ISOLATION: Prisoners shall not be separated from prisoners-of-war belonging to the armed forces with which they were serving at the time of their capture” (Art. 22).

FOOD: Canteens shall be installed in all camps, where prisoners-of-war may procure foodstuffs, soap and tobacco and ordinary articles in daily use” (Art 28).

SHELTER: Prisoners-of-war shall be quartered under conditions as favorable as those for the forces of the detaining power, who are billeted in the same area….The foregoing provisions shall apply in particular to the dormitories of prisoners-of-war, as regards both total surface and minimum cubic space, and the general installations, bedding, and blankets” (Art 25).

MEDICINE: Medical inspections of prisoners-of-war shall be held at least once a month (Art. 31).

RECREATION: The detaining power shall encourage the practice of intellectual educational and recreational pursuits, sports and games amongst prisoners, and shall take measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment” (Art 38).

MAIL: “In the event a prisoner is transferred, prisoners shall be advised of their new postal address, and allowed to inform their next of kin…Mail and parcels addressed to their former camp shall be forwarded to them without delay” (Art. 48). “Every prisoner-of-war shall be enabled to write direct to his family…informing his relatives of his capture, address and state of health (Art. 70). “Prisoners-of-war shall be allowed to send and receive letters and cards…not less than two letters and four cards monthly” (Art. 71). “Prisoners-of-war shall be allowed to receive…parcels or…shipments containing in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character” (Art. 72). “The censoring of correspondence addressed to prisoners-of-war, or dispatched by them, shall be done as quickly as possible” (Art. 76).

RED CROSS: There shall be “no obstacle to the humanitarian activities which the…Red Cross…undertake for the protection of prisoners-of-war, and for their relief” (Art. 9).

ACCESS TO PRISONERS: “Representatives or delegates of the protecting powers, shall have permission to go to all places where prisoners-of-war may be, particularly to places of internment, imprisonment and labor, and shall have access to all premises occupied by prisoners-of-war….They hall be able to interview the prisoners and in particular the prisoners representatives, without witnesses, either personally, or through an interpreter” (Art. 126).

04/07/2011

Guantanamo: A Long Prison History

10 years ago, President Bush invaded Afghanistan and opened the Guantanamo Bay Prison. An estimated 800 men were rounded up and shipped to the Cuban enclave. Photos surfaced showing them in orange prison garb with their hands bound, legs shackled, and faces covered with masks. Many were captured based on nothing more than hearsay, often in response to bounties. Some were not involved in any war, but were linked to certain organizations. Most detainees had no history of any hostile act against the U.S.

President Obama pledged in 2008 to close Guantanamo, but the Congress blocked his efforts. He also said in 2009 the detainees would be tried in federal court, but now they appear to be going back to military tribunals. The issue of holding trials in the regular courts, or military tribunals, depends of the status of the prisoners.

The first issue was: are the prisoners civilians or combatants? Civilians are entitled to a trial in a typical criminal court, or an outright release, if there is no evidence against them. Combatants are people who carry arms. They are either lawful or unlawful. Lawful combatants, such as ordinary enemy troops, not accused of any war crimes, may not be put on trial, simply for serving as soldiers. They may be held for the duration of the conflict, but are entitled prisoner-of-war status. Prisoners may be tried in a military tribunal as unlawful combatants, only if they violated one of the Laws of War. If there is doubt as to their classification, they are protected by the Geneva Convention, until their status is determined by a competent judge.

President Bush initially found none of the prisoners were civilians, entitled to a release, or a trial in the regular court system (2002). He declared they were combatants, and more specifically, unlawful combatants, meaning he accused them of war crimes.

Bush issued an Executive Order (2001) ordering all prisoners to be tried by Military Commission, instead of military court-martial or civilian court. He gave the Commission exclusive jurisdiction. He repealed the ordinary rules of law, as he decreed: “It is not practicable to apply in military commissions…the principles of law, and the rules of evidence, generally recognized in the trial of criminal cases in the district courts.” He did not explain why he thought it was necessary to suspend the rights of the accused.

The Defense Dept. issued procedures for the military commissions (2002). The commissioners, prosecutors, and chief defense counsel would be picked by the Dept. Civilian defense lawyers would only be allowed if the Dept. pre-approved. Defense lawyers could be excluded from the hearings, if the Pentagon felt national security was at risk. Hearings were to be conducted in secret and closed to the media. Even the accused could be excluded from the room. He could see only that evidence the military allowed him to see. There would be no right to a speedy trial.  There would be no remedy or appeal: “in any court of the U.S., or any State thereof, or any court of a foreign nation, or any international tribunal.”

When the Pentagon filed their first charges (2004), prisoners filed Habeas Corpus petitions in the federal courts challenging Bush’s military system. In Hamdi v Rumsfeld (2004), Bush argued Hamdi was a combatant and could be held indefinitely, without charge. Hamdi said he was an innocent U.S. civilian, effectively serving a life sentence. The Supreme Court ruled the prisoner had a due process right to contest his status as a combatant.

Bush then created a Combatant Status Review Tribunals (2004) to determine if detainees were properly classified. Panels of military officers reviewed each case. They defined combatants as members of the Taliban, al-Qaeda, or other associated forces. After their reviews, they found some prisoners were not in fact combatants, but they continued to hold them anyway (2005).

Meanwhile, Congress passed the Detainee Treatment Act (2005), which attempted to override Hamdi, by denying Guantanamo prisoners Habeas Corpus petitions. That law was challenged in Hamdan v Rumsfeld (2006), along with Commission procedures, and the type of war crimes that could be prosecuted. The Supreme Court held Congress could not outlaw Habeas Corpus petitions. Procedurally, Hamdan did not want to be tried by Bush’s Commission. He instead wanted a trial in a military court-martial, where the Uniform Code of Military Justice would be applied. The Court agreed and ordered the use of courts-martial rules. As to the substantive charges, Hamdan was accused of conspiracy, but no specific act of wrongdoing. He argued conspiracy, by itself, is not a violation of the Laws of War. The Court agreed saying, the offense must violate the Laws of War, and conspiracy, in and of itself, does not appear in the Hague Conventions or the Geneva Conventions. They also said violations of the Laws of War happen during war, and cannot pre-date the conflict. The Court concluded none of the acts Hamden was alleged to have committed violated any of the Laws of War. After the Supreme Court ruling, a Republican-controlled Congress responded by passing the Military Commissions Act (2006), which again suspended Habeas Corpus, and resurrected Commission rules.

It’s time to be done with Guantanamo. Long ago, the Americans were right as they liberated Cuba and Guantanamo from Spain in the Spanish-American War (1898). The U.S. went wrong when they stayed in Cuba, until the Cubans agreed to lease Guantanamo Bay to the U.S. Navy. The U.S. has now had a lease on Guantanamo since 1903, and it’s time to vacate the premises. The U.S. needs to complete the remaining prisoner cases, close the base, bulldoze the buildings, and give Guantanamo back to Cuba.