A Simple Solution to a Difficult Problem
As I watched the Holder nomination process, I saw a Republican Senator (Specter?) question him about prisoners in Guantanimo Bay. Both he and Holder danced around the need to hold these prisoners indefinitely while at the same time staying true to the American principles of due process.
I didn't watch the whole dance, but they have a point: it's a difficult problem. Here we have a large number of people that fought against us, conspired against us and will likely conspire against us in the future. They are not likely to be accepted by many countries, so they cannot be returned to their place of origins. For the most part, they cannot be convicted in a justice system that will not allow coerced evidence, requires a speedy trial, a jury of peers and errs on the side of innocence over guilt.
It is, indeed, a difficult problem.
But I think the Senator provided the answer in one of his first questions (paraphrased): Do you we believe we are at war?
If we are at war--and every one likes to remind us that we are--there is a convention for holding enemies that would fight against you. You make them prisoners of war.
We could abide by the Geneva Conventions (regardless of whether our enemies do) and still keep these captives from doing us harm. I think the only drawback is that we would be elevating Al Qaida to a nation-like status, which we've kind of already done.
Is there something I'm missing? Some reason we cannot do this?








