Monday, November 14, 2005

Catch and Release

Ace is reporting on the fact that one of the hotel suicide bombers may have been released by the US, although it's unclear whether it's simply another person with the same name.
U.S. forces detained and later released an Iraqi with a name that matched one of three suicide bombers who struck Amman hotels, killing 57 others, the U.S. military said Monday.

Jordanian authorities said Safaa Mohammed Ali, 23, was part of the al-Qaida in Iraq squad that bombed the Grand Hyatt, Radisson SAD and Day's Inn hotels on Wednesday.


Catch and release doesn't work. Neither does revolving door justice, which is how Zarqawi managed to get out of Jordanian prison. The only way to stop the terrorists is to make sure that the ones we catch never get out of prison. You have to cut off their communications with the outside (no Lynne Stewart for you).

At the same time we're hearing about Ali being a catch and release, the WaPo has an op-ed that comes out against the Graham Amendment that would essentially suspend habeas corpus for detainees, which was found under Hamdi v. Rumsfeld. The Congressional action, if adopted as law would overturn the Hamdi decision by the Supreme Court, which itself disregarded precedence on granting rights to enemy combatants.

We're in the midst of a war, and we've got some lawyers trying to provide access to the courts for enemy combatants and others captured on the battlefield. There are going to be a few instances where the individual really did nothing wrong and a full investigation reveals that there was no terror links, but the other possibility has already been a reality - releasing individuals after investigations who turn out to be mass murdering terrorists. And, if a legal case is to be made for one 'deserving' individual to have access to the courts, that will quickly be seized upon to help those who aren't deserving. Terrorists captured on the battlefield are lucky that they're alive. They're lucky they have 3 squares a day. That's more than can be said for any of their victims.

Others noticing the catch and release problem:
The Jawa Report, Gally Slaves

Which side would you rather be on?

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