Darkness at Noon

War is a ritual, a deadly ritual,
not the result of aggressive self-assertion,
but of self-transcending identification.
Without loyalty to tribe, church, flag or ideal,
there would be no wars
--Darkness at Noon, Arthur Koestler
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The Guantanamo Bay detention facilities remain an open sore indicting our inappropriate and illegal response to the perceived terror threat.

Undoubtedly there are some serious criminal elements which target American interests worldwide. Even so, what about the ones held at Gitmo without a glimmer of judicial relief -- either for themm or for us?

Americans expect and need a fair and equitable court system, one which offers liberty and justice for all, no exceptions. Suspected terrorists are not beyond this concept. Liberty is applied blindly, without regard to any predispositions.

Even USAToday considers the Gitmo quagmire:

At the top of the list is Khalid Sheikh Mohammed, the suspected mastermind of 9/11. Trying him and others in the U.S. justice system could be problematic for reasons that include the inadmissibility of some evidence (because it was obtained under torture, is hearsay and so on). And what to do with anyone found not guilty? (Guantanamo Blame Game).

The last sentence is the crux of the biscuit. If one is not guilty, the answer to the question of one's legal status is axiomatic. In our legal system, if one is found not guilty, one is released from custody. What could be simpler?

A case like that of Khalid Sheikh Mohammed would seem to be simple, as he is portrayed as a really bad guy. But is he really? We are all innocent until proven guilty, and trial by newspaper is not a judicial event. The proof against KSM has not been forthcoming. Evidence must follow evidentiary rules. Furthermore, torture and years spent incarcerated awaiting trial are not elements of U.S. jurisprudence.

If KSM is a bad man, then he should have been tried immediately after capture. Why wasn't he? Instead he was spirited away to secret sites and subjected to Skull and Crossbones initiation rights. Clearly, he was tortured. How could KSM ever receive a fair trial in a U.S. courtroom today?

A bigger question than what to do after these inmates are found not guilty is: How will we handle the civil suits which will most certainly arise, including denial of civil rights, illegal imprisonment and torture? Then what?

The "worst-of-the-worst" are probably being held in super-secret isolation because they know too much, rather than merely what they know. It is a big lie to say they cannot get an open trial because of national security concerns. The trials would concern 9-11-01 and the plans and related operations. This is not operational or strategic security. This is merely historical data at this point.

Ranger's solution: Forget the trial. Let Yoo, Addington, Wolfowitz, Tenet et. al. form up a firing quad and just shoot them. Dick Cheney would be the honorary color guard. This would be done at midnight, to ensure that we stay on the Dark Side.

But seriously folks -- What progress have we seen since George Bush was replaced by Obama?

We are still up to our asses in alligators, and no one is trying to drain the swamp.

Five'll Get You Ten

-- Pavel Constantin, Romania

Why she's neither fish nor flesh
--Henry IV (III, iii), Shakespeare

Baby, even the losers get lucky sometimes
Even the losers keep a little bit of pride
They get lucky sometimes
--Even the Losers, Tom Petty
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Federal District Court is hearing the habeas corpus case of six-year Guantanamo detainee, Mohammed Jawad, who was a teenager when captured.

Jawad was accused of throwing a granade, though the judge in the case, Ellen Segal Huvelle, said that 90 percent of the case had been based on his confessions, which were extracted under torture and followed death threats by Afghan officials. Huvelle said, “There is no evidence otherwise” (U.S. Judge Challenges Evidence on a Detainee.)

The New York Times reports troublingly, "Of about 200 habeas cases in the federal court in Washington, judges have so far ruled that five Guantanamo detainees are properly held and that 26 are not." Only 5 of 31 were adjudicated as being properly held -- about 15% of detainees can be justified legally.

Interesting is that though 26 of these defendents are deemed improperly held, they are not being released, either. So, why did they even get their day in court? If they are still in prison, then they did not win. They are losers, and nobody cares.

Where is America storing its collective conscious?