Sunday, October 25, 2009

'Imprison Here, Release Here'

Advocates of shutting Guantanamo and transferring its jihadist population to the US prisons often tell us we’ve nothing to worry about--because no one has ever escaped from any of America’s supermax prisons. Apparently, that record may be in some doubt, but even if it weren’t, the issue is not that Guantanamo’s detainees might break out of jail, but that they are very likely to be released in the United States.

Andrew McCarthy considers the security of supermax prisons as “the most hollow of strawmen”:

These terrorists are not going to escape — they are going to walk right out the prison gates. They are going to be freed by a perverse new legal system, an ad hoc creation of progressive federal judges, assisted mightily by an Obama Justice Department rife with lawyers whose former firms and institutions spent the last eight years representing America’s enemies. (“Imprison Here, Release Here”).

As America lacks a national security court that is equipped to manage international terrorists under the laws of war, predictions that captured jihadists would be extended every presumption of innocence intended to protect American citizens under the Bill of Rights have proven deadly accurate. Left-leaning activist judges have been more than willing to invade the executive branch’s prerogatives for managing the national defense, the judges simply creating their own system.

Because judges are products of the American legal culture (as a class, they lean left, often radically), and because they have no political responsibility for national security (they don’t answer to the voters), a judicially crafted system was guaranteed to be terrorist-friendly.

Even these dire predictions failed to factor in the Obama administration’s radicalism. In the current Justice Department, several top officials, including the attorney general himself, are recused from various national-security cases under
conflict-of-interest guidelines. The reason? They, or their former firms, represented enemy combatants in lawsuits against the American people. Indeed, such is the mindset of the Obama DOJ that, to help formulate detention policy, Holder recruited Jennifer Daskal — a Human Rights Watch official with no prosecutorial experience — who had been a tireless advocate for terrorists held by the United States.

Please read the rest of the details on this situation here.

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