“Soft despotism is a term coined by Alexis de Tocqueville describing the state into which a country overrun by "a network of small complicated rules" might degrade. Soft despotism is different from despotism (also called 'hard despotism') in the sense that it is not obvious to the people."

Sunday, March 11, 2007

Guantanamo Detainees Deserve their Day in Civil Court

Move over John Kerry. Whit is joining you in the "flip-floppers hall of shame."

Yes, that's right, it confession time. This one is about the Guantanamo detainees. Previously, I thought it would be better to let the military hold them as prisoners of war subject to military tribunals. I thought that granting the enemy combatants the rights and privileges afforded by the US Constituion especially access to US civil courts would be a gross mistake. I hate to report that like John Kerry and countless other Democrats, I have changed my mind. I now think the Guantanamo detainees should be given their day in court.

But, I would add one proviso. An Independent Special Prosecutor such as Mr. Patrick Fitzgerald should be appointed to investigate and prosecute not only the alleged crimes, but any possible "crimes" which arise out of the course of the investigation.

I have come to this new opinion after carefully considering that Scooter Libby is facing a possible 35-year sentence after being convicted for obstructing a federal investigation. I believe that a 35-year sentence for "lying under oath" is probably harsher and more severe than the "terror related" sentences which would be imposed on the "battle field combatants" currently detained in Guantanamo and about to face Military Tribunals in Cuba. Based on his successful track record, I would like to see Mr. Fitzgerald personally conduct the investigations and subsequent prosecutions.

Forget about obtaining the "terror convictions, let Mr. Fitzgerald go for the really serious charges like lying to a Federal Prosecutor, which given the propensity of the Detainees and their lawyers should be a "cake walk."

Oh, one more piece of advice. For the jury trial, stay away from all the blue states especially those along the East and West coasts.


  1. One way or another I'm gonna find ya,
    I'm gonna getcha, getcha, getcha, getcha.
    One way or another I'm gonna win ya.
    I'll getcha.
    I'll getcha, getcha, getcha.

    You see there is the master plan.
    I'll find out who you call.
    I'll stand over by the wall where I can see it all.
    I can read lips from a mile away.
    Oh oh oh oh oh oh.
    You see there is the master plan.
    Ah ah ah ah...

  2. I never saw the point in opening Guantanamo in the first place.It was another idiotic decision by the geniuses in this Administration. They should have interrogated the Taliban in Afghanistan and then shot shot them, or shot them first and then made something up.

    Either way would work for me. I would not bother trying them in any court. Return them to their country of origin. Let them handle them. take notes and keep tabs.

  3. Whit you may be on to something. They probably have a better chance of walking in a military court:

    In FY 2004 the number of criminal defendants rose by 635 to 93,349. Increases occurred in cases involving immigration, sex offenses, and firearms, with filings for both cases and defendants for these offenses reaching their highest levels ever. The federal courts concluded proceedings against 81,717 defendants. Of these, 73,616 were convicted, for a 90 percent conviction rate.

    The number of immigration cases and defendants both rose 11 percent, to 17,021 cases and 18,140 defendants. Sixty-nine percent of all immigration cases were filed in the five district courts along the nation's southwestern border, each of which received more immigration filings than in FY 2003. Immigration filings began rising in 1995, when the Department of Justice intensified efforts to secure the southwestern U.S. borders against illegal immigration. Filings have skyrocketed since 2002, as the Department of Homeland Security has sought to defend the nation against potential acts of terrorism.

  4. When they stopped trapping of red fox, the ring neck all but vanished from the blue states.

  5. Not funny, Bobal:
    That poor bird was victimized by Global Warming.
    You know how easily that can happen.

  6. Fitz
    Gerald or Patrick?
    Rush calls him Fitzfong in honor of the Great Duke DA.

  7. "Immigration filings began rising in 1995, when the Department of Justice intensified efforts to secure the southwestern U.S. borders against illegal immigration. Filings have skyrocketed since 2002, as the Department of Homeland Security has sought to defend the nation against potential acts of terrorism.
    They may have intensified efforts, but to no good effect because of the ROEs and the ever increasing incentives up here to join in the fleecing of the American Citizen/Taxpayer/Worker/Student, all of whom are told bow, scrape, and pay up for our illegal Amigos.

  8. Do you lead a Carbon-Neutral life, Bobal?
    (or purchase the appropriate amounts of credit tradeoffs)

    Algore buys Carbon Credits from a Company that turns out to be owned by a Mr. Al Gore!

  9. Interesting how Penn and Teller influenced the reaction by their utilization of word choice or their ability to "frame the debate"

    Is this another instance? -

    Global Warming as a tool for Leftists (Transnational Progressives)

    1) Don't Think of an Elephant: Know Your Values and Frame the Debate The Essential Guide for... Progressives - by George Lakoff (Author), Howard Dean (Foreword), Don Hazen (Introduction)

    2) Bush Is Not Incompetent - by George Lakoff, Sam Ferguson, Marc Ettlinger

    ...Conservatives continue to deny the validity of global warming, because it runs contrary to their moral system. Recognizing global warming would call for environmental regulation and governmental efforts to reduce greenhouse gas emissions. Regulation is a perceived interference with the market, Conservatives’ golden calf.

    3) Global Warming's Globalist Backers - By J.R. Dunn

    ...the aim of all these schemes, from Annan's tax plans to the Kyoto Treaty to the climate change authority, is simply to...bridle the United States. If not to bring it under complete UN suzerainty, then to exercise some form of bureaucratic restraint over what the UN hierarchy has long viewed as an out-of-control colossus. The UN effectively controls many derelict third-world states (and even the occasional European example, such as Kosovo). Why not the U.S.?

    So we can probably leave any sort of global warming authority out of our future calculations. Excepting one possible case: we've previously pointed out here that environmentalism displays all the aspects of a pseudo-religion. And religions - as we've seen in recent years with the Jihadis - represent the sole existing example of a working transnational structure. A militant global environmentalist creed might very well be capable of pushing such a program through. It wouldn't necessarily establish a warming authority as much as it would become one, in and of itself. A very spooky possibility, if only because there are plenty of people in the U.S. who would welcome such a thing. So it might be worth keeping one eye on the situation. But no more than that. For a religion to spread in such a manner it would require a messiah. And the Greens, despite Al Gore's best efforts, don't have one of those yet.

    4) The Ideological War Within the West - John Fonte

    ...Talk in the West of a "culture war" is somewhat misleading, because the arguments over transnational vs. national citizenship, multiculturalism vs. assimilation, and global governance vs. national sovereignty are not simply cultural, but ideological and philosophical. They pose Aristotle's question: "What kind of government is best?"

    The challenge from transnational progressivism to traditional American concepts of citizenship, patriotism, assimilation, and the meaning of democracy itself is fundamental. If our system is based not on individual rights (as defined by the U. S. Constitution) but on group consciousness (as defined by international law); not on equality of citizenship but on group preferences for non- citizens (including illegal immigrants) and for certain categories of citizens; not on majority rule within constitutional limits but on power-sharing by different ethnic, racial, gender, and linguistic groups; not on constitutional law, but on transnational law; not on immigrants becoming Americans, but on migrants linked between transnational communities; then the regime will cease to be "constitutional," "liberal," "democratic," and "American," in the understood sense of those terms, but will become in reality a new hybrid system that is "post-constitutional," "post-liberal," "post-democratic," and "post-American."

  10. O/T I guess...Hmm

    Just saw the Barrett "416" on Future Weapons. On a cold shot, the round hit within 8 -10" of the bullseye on a 4' target.

    Range: 2500 yds.
    not feet
    2500 yds!

  11. For those who care to see, this is one of the unheralded successes of the US in Iraq. It is, in fact, a HUGE success.

    Millions of Shia (3 – 7) met in Karbala. Thousands were NOT killed by Sunni terrorists.
    You asked for proof?

  12. Just so that there is no misinterpretation by casual visitors to the EB, this post is entirely sarcastic; a political comment on the disparity between the likely sentences that the Guantanamo detainees will receive versus the 35 years that Lewis Libby could receive.

    In Europe, those who aided and abetted the 9/11 hijackers have gotten "as much as" 10 or 11 year sentences.

  13. rufus,

    re: trackers


    Does it ever occur to the Muslims that they are helping in the development of future COIN?

  14. There will be a lot of future, at the rate of success we are having with COINs, now.

    Scooter could serve the whole 35 and the Mohammedans will still be causing new US developments in COIN.

    The lesson of Afghanistan, NATO will get a new moniker, based on its' performance.

  15. DR,

    Practice makes perfect in COIN as with most other things. You never know when lessons learned will come in handy.

    The 2007 hunting season hasn't officially opened in Afghanistan.

  16. Well, allen, I was thinking more of the '01 - '06 seasons.

    The Afghani trophy racks all got away, all we've bagged were a few spiked bucks and a road sign or two.

    There is always next season.
    We finally hired some Guides, isn't that telling. Maybe now we'll quit road hunting and get back into the boonies, where the big bucks hunkered down.

    Back to the future with Indian Scouts.

  17. re: done it again

    They're pros.

  18. Oh, and since the struggle against Islam will be multi-generational, I believe, "they" will do it again and again and again and ... Fortunately, as earlier said, they are pros.

  19. bobalharb,

    A laugh a day may help keep death further away

    As should be expected, "I'm very skeptical"…

    Yes, he is “very” skeptical.

    The black hole of humor, no doubt.

  20. bobalharb,

    Nothing like "conceal - carry" to cool off the climate.