Change… Miranda Rights Loophole May Help Gitmo Detainees
Because terrorists are people, too.
Omar Khadr faces five war crimes charges that include murder.
In July 2002, Omar Khadr threw a grenade that blew up an American soldier in Afghanistan.
Khadr was wounded and captured during this same firefight.
After his capture a video was found that shows Khadr toying with detonating cord as other men including Abu Laith al-Libi assemble explosives in the same house that had been destroyed in the firefight. He was also seen planting landmines while smiling and joking with the cameraman. It has been suggested that these were the same landmines later recovered by American forces on a road between Gardez and Khowst- Wiki.
Khadr was injured in the firefight and begged to be killed…
But US medics saved his life.
Instead, of facing death, Khadr may be set free.
He was not read his Miranda rights.
More hope and change…
Team Obama admits that the Miranda rule may hamper detainee trials.
The terrorists were not properly arrested on the battlefield.
The LA Times reported:
Accused in a 2002 grenade blast that wounded two U.S. soldiers near an Afghan market, Mohammed Jawad was sent as a youth to Guantanamo Bay. Now, under orders by President Obama, he could one day be among detainees whose fate is finally decided by a U.S. court.
But in a potential problem, Pentagon officials note that most of the evidence against Jawad comes from his own admissions. And neither he nor any other detainee at the U.S. prison at Guantanamo Bay, Cuba, was ever told about their rights against self-incrimination under U.S. law.
The Miranda warning, a fixture of American jurisprudence and staple of television cop shows, may also be one of a series of constructional hurdles standing between Obama’s order to close the island prison and court trials on the mainland.
A procession of similar challenges — secret evidence, information from foreign spy services and coerced statements — also could spell trouble for prosecutors.
All of these problems illustrate the larger difficulty that lies ahead as the nation moves from the “law of war” orientation used by the Bush administration in dealing with detainees to the civilian legal approach preferred by Obama.
Obama last month announced sweeping changes, ordered humane treatment and invited in the international Red Cross. But the changeover will not be easy or quick, underscoring the complexity of undoing the Bush administration’s policies.
Related… Andrew McCarthy wrote more on Gitmo today- here.