As part of the judiciary, Col. Davis has the right to believe, so what is the next step when the prosecutor "believes" that the party committed the act? Well the sixth Amendment to our Constitution comes to mind. You know, blah blah blah...speedy trial....blah blah..informed of charges....assistance of counsel. You know, things so important that they put it in there way at the begining. But wait Jeff, they also said in the 5th "except in cases arising ....in time of War or public danger." DoH! Don't have to! neener neener neener.
So that means what? We can do what ever we want?
There are things in life that we call slippery slopes. Gitmo was one of them. It served a purpose but created a problem, because not everyone who was sent there was bad. It was, and this is the fault of conservative thought, better to side with us then with them. They could be guilty, they could have done it. Some are bad - we know that, lets err on the side of protection.
He was picked up in Afghanistan in 2002. No one knows how old he was, maybe as young as 12. The Pentigon did a bone scan and said he was 17.
His lawyers say he has grown five inches during his time behind bars. He was accused of throwing a grenade and wounding Americans.
"I think the rules are fair," Col Davis said. "I think the problem is having political appointees injected into the system. They are looking for a political outcome, not justice."So where is the justice after 7 years for a kid who, may or may not have done what he was accused of doing?
This is what makes the whole Gitmo thing so wrong, because it goes against what we are supposed to stand and fight and die for - that Constitution thingy, remember?
At some point they knew he was not one of those "bad men" and they knew he was also a kid. But because releasing him would be an admission of their mistake, they ignore it, passing it on so that someone else will make the call and take the heat. If he did do the deed then he should have been tried and sentenced.
How is that justice?
So lucky for us we have that three branches of government thingy that they also set up which gives us the ability to right a wrong using the law (oh the irony on that!).
July 30, 2009 (Reuters) — A U.S. judge on Thursday ordered that one of the youngest detainees held at Guantanamo Bay, Cuba. Judge Huvelle excoriated the government for the way it has handled this and other Guantanamo cases.Cool! And thank God we got ol' Obama as our new Prez! Surely he will also do the right thing!
The Obama administration insisted it still was weighing a criminal case in U.S. federal court against Jawad for allegedly tossing a grenade that wounded two U.S. soldiers and their interpreter in Kabul in late 2002, but that no decision has been made.
August 24, 2009 (NPR) - One of the youngest people ever held at Guantanamo was welcomed home Monday by Afghanistan's president and joyful relatives after almost seven years in prison — freed by a military judge who ruled he was coerced into confessing to wounding U.S. soldiers with a grenade.And as if on queue.....
Justice Department officials have said the criminal investigation of Jawad is still open but his transfer back to Afghanistan makes prosecution unlikely.
Ahhh the sweat sound of Justice....Not!