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Bob Ries on Guantanamo Bay

Last Updated : Apr 16, 2012

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TRYING MILITARY CAPTURES

For the Attorney General to arbitrarily decide to transfer any, or all, GITMO Captures to New York City for trial by a Civilian Court is not Constitutional, and should be stopped.

Article I, Section 8, Clause 11 of the Constitution States: Congress shall have the power to declare war, grant Letters of Marque and Reprisal, and make rules concerning Captures on Land and Water.

The prisoners captured by our military during the War on Terrorism have been kept at Guantanimo, with disposition determined by Military Tribunal. Military Tribunals have historically been the Judicial System used for Military Captures, so there is a clear precedent.

For this precedent to be altered to have military captures tried in Civilian Courts would take an act of Congress, according to the Constitution. It is not the right of the Attorney General, or even the President, to make such a decision.
 

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