If you’re a news savy person you already know what prompted this title: SCOTUS tells POTUS that he can’t use military courts for Gitmo detainees.
The decision doesn’t actually force the Executive branch to try people in a timely manner it would seem. Of course, I’m no legal expert and I haven’t even been able o digest the opinioins penned by the Justices in this case yet. It just says, if I’m reading things right, that the Executive branch must get permission from Congress to use military tribunals or just stick with the Federal justice system.
Not exactly a huge gain for the detainees.
Sure, going through the Federal justice system would provide them with a trial by jury, provided all the evidence against them, and require (or maybe it’s allow) their attendance to all hearings but it would not provide them a speedy trial as guaranteed by the 6th amendment.
Oh, it’s not because they have some special designation, it’s because the Federal government has previously pissed on the 6th amendment. While I’m sure there are many more cases than the one I’m about to get into this one is the most pertinent to me.
Mitnick, a US citizen, was held for 4 years before his trial — 8 months of which were in solitary confinement. His girlfriend (I presume ex-girlfriend at the time) convinced a judge that Mitnick could launch nuclear missles if he had access to a phone. By whistling into it.
In the end Mitnick was sentenced to 5 years prison, 4 already served.
His crime? Hacking into computer systems (usually using social techniques, not technological) to get source code to various software projects. Why? Just to see if he could do it. Damages? Disputable, but let me ask you this:
Did you know about Mitnick’s crime? Did they affect you? Were you worried about your day-to-day existence because of him, or any other computer cracker like him?
I’m guessing the answer is “No” to all of them.
Now, let’s compare this to Gitmo detainees and other folks associated with terrorism. I trust you’ve been made aware of this situation by the mainstream media and the government’s willingness to use it to extract as much fear out of you as possible to get their pet legislation enacted.
Yes, my bias is showing through. Sorry about that.
Mitnick got 5 years over a crime that didn’t affect the American people. The terrorists? 11 months.
The government attributes convictions it says are terrorism-related that have nothing to do with the Patriot Act. The “400 convictions†claim overstates actual number of convictions and omits a number of key facts related to these numbers. Only 39 of these individuals were convicted of crimes related to terrorism. The median sentence for these crimes was 11 months, which indicates the crime the government equated with terrorism was not serious.
Makes you wonder if the government at large is trying to protect us or just scare us.
