Below I noted USN Capt Keith Allred's ruling that the Combatant Status Review Tribunal (CSRT) which had found Salim Ahmed Hamdan to be an "enemy combatant" had not the competence to, and had not been asked to, find regarding Hamdan's POW status. Today Capt Allred, in his capacity as Military Judge - the same capacity under which he found in favor of Hamdan's request for POW status review - determined that Hamdan is NOT entitled to POW status.
Okay - the CSRT had not the competence to address Hamdan's POW status. This implied however only that some other "competent tribunal" make the determination. ... and Capt Allred, as Military Judge at Gitmo, has effectively asserted that he is that "competent tribunal." (I'm so glad I'm NOT a lawyer!)
The burden of proof asserted by JAG Capt Allred was, "preponderance of evidence". At trial, Hamdan's defense will be allowed to address Hamdan's POW status... and at trial, prosecutors will be required to meet the stiffer standard of evidence, "beyond a reasonable doubt."
Don't get me wrong - if Hamdan is in fact a dangerous terrorist I'd like to see him behind bars. BUT... I'd prefer to see MY COUNTRY's legal system deal with him fairly; a conviction by what the world may easily perceive as a kangaroo court ("show trial") does little to further our anti-terror objectives.
Three options seem to present themselves regarding Gitmo:
1) treat detainees as POW, with full Geneva protections
2) bring them into established Federal court system - habeas corpus, rules of evidence, and all!
3) release 'em
I ignore the current de facto option: keep 'em locked up outside the law... forever!
If American citizens were held by another country under circumstances resembling Gitmo, would we tolerate it?
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