SCOTUS Grants Guantanamo Prisoners Habeas Corpus

[flaja]

Originally Posted by TheMercenary

Well the way I see it is that we do guarantee them to our citizens but there is no way that we can gurantee them to others who are outside of our borders.

Then perhaps our troops should stay within our borders?

Is Gitmo not under the jurisdiction of the U.S.? If it is under U.S. jurisdiction, can we not guarantee the detainees we have there the same rights that the U.S. government guarantees its own citizens?

And if you are here illegally you are afforded some protections, but not all of them since by being here illegally you have broken our laws and are by all rights a criminal, and if you are captured on a battlefield trying to kill our soldiers you are not guanteed them either.

How do you know that illegals are here illegally before you give them at least a hearing in court to ascertain their status? You seem to be in the habit of presuming people to be guilty, which is anathema to U.S. jurisprudence.

[TheMercenary]

Originally Posted by flaja

Then perhaps our troops should stay within our borders?

Is Gitmo not under the jurisdiction of the U.S.? If it is under U.S. jurisdiction, can we not guarantee the detainees we have there the same rights that the U.S. government guarantees its own citizens?

No, I do not buy that they are afforded the same rights.

How do you know that illegals are here illegally before you give them at least a hearing in court to ascertain their status? You seem to be in the habit of presuming people to be guilty, which is anathema to U.S. jurisprudence.

How could they be illegals if they are not here illegally? Who says illegals are not given a hearing? Why do you need a hearing if you are caught by the Border Patrol jumping a fence? Such anathema to US jurisprudence is practiced legally everyday.

[flaja]

Originally Posted by TheMercenary

How could they be illegals if they are not here illegally? Who says illegals are not given a hearing?

No one, but this is my entire point. We don't know that an illegal is an illegal without giving them legal due process whereby they are proven to be illegal.

[TheMercenary]

Originally Posted by flaja

No one, but this is my entire point. We don't know that an illegal is an illegal without giving them legal due process whereby they are proven to be illegal.

Well are they illegals or not? I am using your terms. Either you are here legally or not. So by your reasoning if we capture people who have jumped our border we have to give them a hearing? Hmmm, I think not.